Section 63 IEA: Secondary evidence
Indian Evidence Act, 1872
Section 63 IEA at a Glance
Section 63 IEA deals with secondary evidence. From 1 July 2024 it is replaced by Section 58 BSA.
Section 63 IEA Bare Act Text
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.
Source: Section 63, Indian Evidence Act, 1872
Section 63 IEA in Simple Words
Section 63 of the Indian Evidence Act, 1872 defines what counts as secondary evidence of a document in court. It lists the permitted kinds of copies, documents, and spoken accounts that can represent the contents of an original document.
The list includes certified copies issued under the rules set out later in the Act. It also includes copies produced from an original document through a mechanical process that ensures accuracy on its own, such as a photograph. Copies compared against those mechanical copies are covered as well. Any copy made directly from an original document, or checked against the original, also qualifies.
In addition, counterparts (matching parts of a document signed by separate parties) can be used as secondary evidence. They apply only against a party who did not execute (formally sign) that specific part. Finally, a spoken account of what a document says counts if it comes from a witness who personally saw the original document.
A copy written out from another copy is excluded unless someone later checks it directly against the original document. Likewise, a spoken account from a witness who only saw a copy, photograph, or machine copy does not count as secondary evidence.
When Section 63 IEA Applies
- 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.
Example of Section 63 IEA
When Section 63 IEA 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 63 IEA in the BSA
Section 63 IEA is now covered under Section 58 BSA.
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.
View detailed comparison (IEA 63 vs BSA 58) →FAQs on Section 63 IEA
What is Section 63 IEA?▼
Section 63 of the Indian Evidence Act, 1872 defines secondary evidence of documents. It lists the types of copies, counterparts, and spoken accounts that can be used as secondary evidence of what an original document contains.
Is a photograph of an original document secondary evidence under Section 63 IEA?▼
Yes. A photograph of an original document counts as secondary evidence of its contents even if the photograph and the original were not compared. However, the party must prove that the item photographed was the original document.
Can a witness give a spoken account of a photocopy or photograph under Section 63 IEA?▼
No. A spoken account of the contents of a document is secondary evidence only when given by a person who personally saw the original document. A spoken account of a compared copy, photograph, or machine copy does not qualify.
What is Section 63 IEA in BSA?▼
Section 58 BSA. Section 63 IEA became Section 58 BSA on 1 July 2024. The BSA provision adds oral admissions, written admissions, and testimony from a skilled examiner of voluminous accounts or records to the list of secondary evidence.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·