Code: Section 60 BSA
Secondary evidence may be given of the existence, condition, or contents of a
document in the following cases, namely: —
(a) when the original is shown or appears to be in the possession or power—
(i) of the person against whom the document is sought to be proved; or
(ii) of any person out of reach of, or not subject to, the process of the
Court; or
(iii) of any person legally bound to produce it,
and when, after the notice mentioned in section 64 such person does not produce it;
(b) when the existence, condition or contents of the original have been proved
to be admitted in writing by the person against whom it is proved or by his
representative in interest;
(c) when the original has been destroyed or lost, or when the party offering
evidence of its contents cannot, for any other reason not arising from his own default
or neglect, produce it in reasonable time;
(d) when the original is of such a nature as not to be easily movable;
(e) when the original is a public document within the meaning of section 74;
(f) when the original is a document of which a certified copy is permitted by this
Adhiniyam, or by any other law in force in India to be given in evidence;
(g) when the originals consist of numerous accounts or other documents which
cannot conveniently be examined in Court, and the fact to be proved is the general
result of the whole collection.
Explanation.—For the purposes of—
(i) clauses (a), (c) and (d), any secondary evidence of the contents of the
document is admissible;
(ii) clause (b), the written admission is admissible;
(iii) clause (e) or (f), a certified copy of the document, but no other kind of
secondary evidence, is admissible;
(iv) clause (g), evidence may be given as to the general result of the documents
by any person who has examined them, and who is skilled in the examination of such
document.
—
Explanation of Section 60 BSA
Section 60 of the Bharatiya Sakshya Adhiniyam (BSA) provides the legal foundation for admitting secondary evidence in lieu of primary documents under specific circumstances. While Section 59 requires that documents be proved through primary evidence, this section carves out exceptions for when secondary evidence is admissible.
It recognizes practical limitations such as lost or destroyed documents, public records, or unmovable originals, and allows courts to accept credible alternatives to prove the content, condition, or existence of such documents.
Key Scenarios Where Secondary Evidence Is Admissible:
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The original is with the opposing party or someone not accessible to the court.
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The original has been lost, destroyed, or cannot be produced in reasonable time despite genuine efforts.
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The document is of a type that is immovable or too bulky (e.g., ledgers).
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The document is a public document or permitted by law to be proved via a certified copy.
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Numerous similar documents exist, and a summary of the overall result is more practical.
Breakdown of the Explanation Clause:
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Clauses (a), (c), and (d): Allow any form of secondary evidence.
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Clause (b): Only a written admission of the original’s content is allowed.
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Clauses (e) and (f): Only certified copies are admissible, not any other kind of secondary evidence.
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Clause (g): Summary evidence may be presented by experts or those skilled in examining such documents.
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Illustration
Example 1: Opponent Has the Original
A plaintiff gives notice to the defendant to produce the original rent agreement. The defendant fails to do so. The plaintiff may now use a photocopy of the agreement as secondary evidence (Clause a).
Example 2: Lost Document
A business agreement is lost in a fire. After proving the loss, the plaintiff may introduce a scanned copy or testimony about the document (Clause c).
Example 3: Public Record
A certified copy of a registered sale deed from the sub-registrar’s office is admissible without needing the original (Clause e).
Example 4: Bulk Financial Records
A chartered accountant examines thousands of transaction entries and presents a report summarizing the total receivables. This summary is admissible as secondary evidence (Clause g).
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Common Questions and Answers on Section 60 BSA
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When can I submit secondary evidence in court?
Secondary evidence may be submitted when the original is unavailable for reasons beyond your control, such as loss, destruction, or being in the possession of someone who refuses to produce it despite proper notice.
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Is a photocopy always considered secondary evidence?
Not always. A photocopy is considered secondary evidence only when it’s allowed under one of the specific circumstances listed in Section 60.
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What kind of secondary evidence is allowed when the original is a public document?
Only certified copies of public documents are admissible as secondary evidence under clause (e).
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Can oral evidence be used as secondary evidence?
Yes, in certain cases. For example, if a person has seen the original document and it is lost, their oral testimony about its contents may be accepted (also see Section 58, clause v).
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What should I do before submitting secondary evidence?
Ensure that you follow proper procedure—especially giving notice under Section 64 when the document is in the possession of the opposing party—and justify why the original cannot be produced.
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Conclusion
Section 60 of the Bharatiya Sakshya Adhiniyam offers a well-structured mechanism to use secondary evidence in judicial proceedings. While the law generally prioritizes primary evidence, this provision ensures justice is not hampered when original documents are unavailable for valid reasons. The section clearly defines the circumstances under which secondary evidence may be presented and the type of evidence that is acceptable in each case.
For expert legal interpretations and practical applications of the Bharatiya Sakshya Adhiniyam, explore more at ApniLaw.
