Section 58 BSA: Secondary evidence
Bharatiya Sakshya Adhiniyam, 2023
Section 58 BSA at a Glance
Section 58 BSA deals with secondary evidence. It replaced Section 63 IEA on 1 July 2024.
Section 58 BSA Bare Act Text
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.
Source: Section 58, Bharatiya Sakshya Adhiniyam, 2023
Section 58 BSA in Simple Words
Section 58 of the Bharatiya Sakshya Adhiniyam, 2023 lists what counts as secondary evidence of a document in court. It covers specific types of copies, admissions, spoken accounts, and examiner testimony that can represent an original document.
For copies, the list includes certified copies issued under later rules in the Adhiniyam. It also includes copies produced from an original document through a mechanical process that ensures accuracy on its own, such as a photograph, and copies checked against those mechanical copies. Any copy made directly from an original document, or checked against the original, also qualifies.
Counterparts (matching parts of a document signed by separate parties) count against a party who did not execute (formally sign) that specific part. Both oral admissions and written admissions are included as well.
A spoken account of what a document says counts if the witness personally saw the original document. In addition, where the original comprises numerous accounts or records that are inconvenient for the court to inspect directly, testimony from a skilled person who reviewed them counts.
A copy written from another copy is excluded unless someone later checks it against the original. A spoken account of a copy, photograph, or machine copy is also excluded.
When Section 58 BSA Applies
- 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.
Example of Section 58 BSA
When Section 58 BSA Does Not Apply
- A copy written out from another copy does not count as secondary evidence if that new copy was never checked against the original document.
- A spoken account given by a person who only saw a compared copy, a photograph, or a machine copy does not count as secondary evidence of the original document.
- A counterpart of a document counts as secondary evidence only against a party who did not execute that counterpart.
Section 58 BSA in the IEA (Previous Law)
Section 58 BSA replaces Section 63 IEA from the old criminal code.
Section 63 of the Indian Evidence Act, 1872 became Section 58 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Three items were added to secondary evidence: "oral admissions", "written admissions", and evidence of a skilled person who has examined numerous accounts or documents.
FAQs on Section 58 BSA
What is Section 58 BSA?▼
Section 58 of the Bharatiya Sakshya Adhiniyam, 2023 lists what counts as secondary evidence of documents in court. It includes certified copies, mechanical copies, compared copies, counterparts, oral accounts of originals, admissions, and testimony from skilled examiners of voluminous records.
Against whom can a counterpart of a document be used as secondary evidence under Section 58 BSA?▼
A counterpart counts as secondary evidence only against the parties who did not execute that counterpart.
Is an uncompared copy of another copy valid secondary evidence under Section 58 BSA?▼
No. A copy written out from an earlier copy does not count as secondary evidence unless it is afterwards compared directly with the original document.
What is Section 58 BSA in IEA?▼
Section 63 IEA. Section 63 IEA became Section 58 BSA on 1 July 2024. Section 58 BSA retains the categories from Section 63 IEA and adds oral admissions, written admissions, and testimony from a skilled examiner of voluminous accounts or records.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·