IEA 63 Is Now BSA 58: Secondary Evidence, What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	63	58
Heading	Secondary evidence	Same
Sub-sections	5 sub-sections	None

IEA 63 and BSA 58: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 63, IEA 1872

63. Secondary evidence.—Secondary evidence means and includes — (1) certified copies given under the provisions hereinafter contained; (2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies; (3) copies made from or compared with the original; (4) counterparts of documents as against the parties who did not execute them; (5) oral accounts of the contents of a document given by some person who has himself seen it. Illustrations (a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original. (b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original. (c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original. (d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original.

BSA 2023 (in force)

Section 58, BSA 2023

58. Secondary evidence.—Secondary evidence includes— (i) certified copies given under the provisions hereinafter contained; (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (iii) copies made from or compared with the original; (iv) counterparts of documents as against the parties who did not execute them; (v) oral accounts of the contents of a document given by some person who has himself seen it; (vi) oral admissions; (vii) written admissions; (viii) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents. Illustrations. (a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original. (b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original. (c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original. (d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original.

When It Applies: IEA 63 vs BSA 58

Under IEA 63

A party relies on a certified copy of a document issued under the rules set out later in the Act.
A party produces a copy made from an original document through a mechanical process that ensures accuracy on its own, or a copy checked against that mechanical copy.
A party produces a copy written directly from an original document or checked directly against the original document.
A party uses a counterpart of a document against another party who did not execute that counterpart.
A witness who has personally seen the original document gives a spoken account in court of what the document contains.

Under BSA 58

A party produces a certified copy issued under the Adhiniyam, a copy made from an original document by an accurate mechanical process, or a copy made from or checked against the original.
A party relies on a counterpart of a document against another party who did not execute that counterpart.
A witness who personally saw the original document gives a spoken account in court of what the document contains.
A party relies on an oral admission or a written admission relating to a document.
A skilled examiner gives testimony after reviewing an original document made up of numerous accounts or records that are inconvenient to inspect in court.

What IEA 63 to BSA 58 Means in Practice

Section 63 IEA became Section 58 BSA on 1 July 2024, and a party should cite Section 58 BSA for matters governed by the Adhiniyam. The opening words changed from means and includes to includes. All categories of secondary evidence from Section 63 IEA continue to apply under Section 58 BSA. In addition, Section 58 BSA expands the list to include oral admissions, written admissions, and testimony from a skilled person who has reviewed numerous accounts or documents that are inconvenient to inspect in court.

FAQs: IEA 63 to BSA 58

What new categories of secondary evidence were added in Section 58 BSA compared to Section 63 IEA?▼

Items were added to the list of secondary evidence in Section 58 BSA. These are oral admissions, written admissions, and the testimony of a skilled person who has examined numerous accounts or documents that are inconvenient to inspect in court.

Did Section 58 BSA remove any of the secondary evidence categories that existed under Section 63 IEA?▼

No. Section 58 BSA retains all the categories of copies, counterparts, and oral accounts of originals that were listed in Section 63 IEA, along with the same illustrations.

IEA 63 to BSA 58: Secondary evidence

IEA 63 to BSA 58 at a Glance

What Changed From IEA 63 to BSA 58?

IEA 63 vs BSA 58: Comparison Table

IEA 63 and BSA 58: Bare Act Text Side by Side

When It Applies: IEA 63 vs BSA 58

What IEA 63 to BSA 58 Means in Practice

FAQs: IEA 63 to BSA 58