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KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Cases in which Secondary Evidence Relating to Documents may be Given [Section 60 BSA / Section 65 IEA]
Introduction
Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 65 of the Indian Evidence Act, 1872. This provision deals with situations in which secondary evidence relating to documents may be given before the Court.
The general rule of evidence is that documents must be proved by primary evidence, meaning the original document itself must be produced before the Court. However, where production of the original document is not possible or practical, the law permits secondary evidence under certain specified circumstances.
Section 60 explains the cases in which the existence, condition, or contents of a document may be proved through secondary evidence.
Meaning of Secondary Evidence
Secondary evidence refers to substitute evidence of a document when the original is unavailable. It is inferior or substitutionary evidence indicating the existence or contents of the original document.
Examples of secondary evidence include:
General Rule regarding Documentary Evidence
The law follows the principle that:
Cases in which Secondary Evidence may be Given1. Original in Possession of Opposite Party
Secondary evidence may be given when:
2. Original Lost or Destroyed
Secondary evidence is admissible where:
3. Original not Easily Movable
Where the original document cannot conveniently be brought before the Court due to its nature or physical condition, secondary evidence may be allowed.
Example:
4. Public Documents
Certified copies of public documents may be produced as secondary evidence.
Examples:
5. Certified Copies Permitted by Law
Where any law permits certified copies to be given in evidence, such copies are admissible as secondary evidence.
6. Voluminous Documents
When documents are:
7. Numerous Accounts or Records
Where original consists of large numbers of documents or records, the contents may be proved by:
Secondary Evidence under the BSA
The BSA modernizes the law by extending the concept of secondary evidence to:
Difference between Section 60 BSA and Section 65 IEA
Under the IEA
Section 65 mainly dealt with traditional physical documents and copies.
Under the BSA
Section 60 continues the same principles but operates in a broader digital environment where:
Purpose of the Provision
Section 60 balances:
Illustration
If the original sale deed executed between A and B is destroyed in a fire, a certified copy or photocopy may be admitted as secondary evidence after proving destruction of the original.
Important Points
Conclusion
Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 preserves the traditional rule that documents should ordinarily be proved by primary evidence while permitting secondary evidence in exceptional cases where production of the original is impossible or impracticable. The provision promotes fairness and convenience in legal proceedings and modernizes the evidentiary framework by accommodating electronic and digital records.
Introduction
Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 65 of the Indian Evidence Act, 1872. This provision deals with situations in which secondary evidence relating to documents may be given before the Court.
The general rule of evidence is that documents must be proved by primary evidence, meaning the original document itself must be produced before the Court. However, where production of the original document is not possible or practical, the law permits secondary evidence under certain specified circumstances.
Section 60 explains the cases in which the existence, condition, or contents of a document may be proved through secondary evidence.
Meaning of Secondary Evidence
Secondary evidence refers to substitute evidence of a document when the original is unavailable. It is inferior or substitutionary evidence indicating the existence or contents of the original document.
Examples of secondary evidence include:
- Certified copies,
- Photocopies,
- Copies made from original,
- Oral accounts of contents by persons who have seen the document.
General Rule regarding Documentary Evidence
The law follows the principle that:
- Best evidence must be produced.
Cases in which Secondary Evidence may be Given1. Original in Possession of Opposite Party
Secondary evidence may be given when:
- The original document is in possession of the opposite party,
- The opposite party fails to produce it despite receiving proper notice.
2. Original Lost or Destroyed
Secondary evidence is admissible where:
- The original document has been lost,
- Destroyed,
- Cannot be found despite reasonable search.
3. Original not Easily Movable
Where the original document cannot conveniently be brought before the Court due to its nature or physical condition, secondary evidence may be allowed.
Example:
- Inscription on a wall or stone.
4. Public Documents
Certified copies of public documents may be produced as secondary evidence.
Examples:
- Government records,
- Court records,
- Public registers.
5. Certified Copies Permitted by Law
Where any law permits certified copies to be given in evidence, such copies are admissible as secondary evidence.
6. Voluminous Documents
When documents are:
- Numerous,
- Extensive,
and examination of originals would be inconvenient, summaries or compilations may be given as secondary evidence.
7. Numerous Accounts or Records
Where original consists of large numbers of documents or records, the contents may be proved by:
- A person skilled in examination of such documents,
- Summaries or calculations.
Secondary Evidence under the BSA
The BSA modernizes the law by extending the concept of secondary evidence to:
- Electronic records,
- Digital documents,
- Electronic reproductions.
Difference between Section 60 BSA and Section 65 IEA
Under the IEA
Section 65 mainly dealt with traditional physical documents and copies.
Under the BSA
Section 60 continues the same principles but operates in a broader digital environment where:
- Electronic copies,
- Digital reproductions,
- E-records,
are increasingly important.
Purpose of the Provision
Section 60 balances:
- The principle of best evidence,
with - Practical necessity.
Illustration
If the original sale deed executed between A and B is destroyed in a fire, a certified copy or photocopy may be admitted as secondary evidence after proving destruction of the original.
Important Points
- Section 60 BSA corresponds to Section 65 IEA.
- Primary evidence is the general rule.
- Secondary evidence admissible only in exceptional circumstances.
- Includes:
- Certified copies,
- Photocopies,
- Oral accounts,
- Electronic reproductions.
- Admissible when original:
- Lost,
- Destroyed,
- With opposite party,
- Public document,
- Not easily movable.
- BSA modernizes the provision to include digital and electronic records.
Conclusion
Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 preserves the traditional rule that documents should ordinarily be proved by primary evidence while permitting secondary evidence in exceptional cases where production of the original is impossible or impracticable. The provision promotes fairness and convenience in legal proceedings and modernizes the evidentiary framework by accommodating electronic and digital records.
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KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Cases in which Secondary Evidence Relating to Documents may be Given [Section 60 BSA / Section 65 IEA]
Introduction
Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 65 of the Indian Evidence Act, 1872. This provision deals with circumstances in which secondary evidence relating to documents may be given before the Court.
Ordinarily, documents must be proved by primary evidence, that is, by producing the original document itself. However, in certain exceptional situations where primary evidence is unavailable or impracticable, the law permits secondary evidence.
Section 60 specifies the situations in which the existence, condition, or contents of a document may be proved by secondary evidence.
Meaning of Secondary Evidence
Secondary evidence refers to:
General Rule
The general principle of evidence law is:
Cases in which Secondary Evidence may be Given
1. Original in Possession of Opposite PartySecondary evidence may be given when:
Prevents injustice caused by deliberate withholding of documents.
2. Original Lost or Destroyed
Secondary evidence is admissible when:
Loss or destruction must be satisfactorily proved.
3. Original not Easily Movable
When original document cannot conveniently be brought before the Court due to:
4. Public Documents
Certified copies of public documents may be produced as secondary evidence.
Examples:
5. Certified Copies Permitted by Law
Where law expressly permits certified copies to be produced, they become admissible as secondary evidence.
6. Voluminous Documents
Where documents are:
7. Original consists of Numerous Accounts or Records
The contents may be proved through:
Secondary Evidence under the BSA
The BSA modernizes the concept of secondary evidence by also recognizing:
Difference between BSA and IEA
Section 65 IEAUnder the Indian Evidence Act:
Section 60 BSAUnder the Bharatiya Sakshya Adhiniyam:
Purpose of the Provision
The section balances:
Important Principle
Secondary evidence is:
Illustration
If a contract signed between A and B is destroyed in a fire, a photocopy or oral account of the contract’s contents may be admitted as secondary evidence after proving destruction of the original.
Important Points
Conclusion
Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 preserves the traditional rule that primary evidence is the best evidence while allowing secondary evidence in exceptional circumstances where production of original documents is impracticable or impossible. The provision ensures fairness and procedural convenience while modernizing the evidentiary framework to include electronic and digital records.
Introduction
Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 65 of the Indian Evidence Act, 1872. This provision deals with circumstances in which secondary evidence relating to documents may be given before the Court.
Ordinarily, documents must be proved by primary evidence, that is, by producing the original document itself. However, in certain exceptional situations where primary evidence is unavailable or impracticable, the law permits secondary evidence.
Section 60 specifies the situations in which the existence, condition, or contents of a document may be proved by secondary evidence.
Meaning of Secondary Evidence
Secondary evidence refers to:
- Substitute evidence of a document,
- Inferior evidence indicating existence of original document.
- Certified copies,
- Photocopies,
- Copies made from original,
- Oral accounts of contents by persons who have seen the document.
General Rule
The general principle of evidence law is:
- Best evidence must be produced.
- Original document must ordinarily be produced before the Court.
Cases in which Secondary Evidence may be Given
1. Original in Possession of Opposite PartySecondary evidence may be given when:
- Original document is in possession of opposite party,
- Opposite party fails to produce it despite notice.
Prevents injustice caused by deliberate withholding of documents.
2. Original Lost or Destroyed
Secondary evidence is admissible when:
- Original document is lost,
- Destroyed,
- Cannot be produced despite reasonable efforts.
Loss or destruction must be satisfactorily proved.
3. Original not Easily Movable
When original document cannot conveniently be brought before the Court due to:
- Physical condition,
- Nature of object,
secondary evidence may be allowed.
- Inscription on large immovable object.
4. Public Documents
Certified copies of public documents may be produced as secondary evidence.
Examples:
- Court records,
- Government registers,
- Official documents.
5. Certified Copies Permitted by Law
Where law expressly permits certified copies to be produced, they become admissible as secondary evidence.
6. Voluminous Documents
Where documents are:
- Numerous,
- Voluminous,
and examination of originals would be inconvenient, secondary evidence in form of summaries or charts may be given.
7. Original consists of Numerous Accounts or Records
The contents may be proved through:
- Examination of qualified person,
- Summaries,
- Compilations.
Secondary Evidence under the BSA
The BSA modernizes the concept of secondary evidence by also recognizing:
- Electronic records,
- Digital copies,
- Electronic reproductions.
Difference between BSA and IEA
Section 65 IEAUnder the Indian Evidence Act:
- Secondary evidence was recognized primarily in relation to physical documents.
Section 60 BSAUnder the Bharatiya Sakshya Adhiniyam:
- The provision continues the traditional principles,
- But accommodates electronic and digital records more effectively.
Purpose of the Provision
The section balances:
- Need for best evidence,
with - Practical difficulties in producing originals.
- Fairness,
- Convenience,
- Efficient administration of justice.
Important Principle
Secondary evidence is:
- Exceptional in nature,
- Not automatically admissible.
- Grounds for non-production of original.
Illustration
If a contract signed between A and B is destroyed in a fire, a photocopy or oral account of the contract’s contents may be admitted as secondary evidence after proving destruction of the original.
Important Points
- Section 60 BSA corresponds to Section 65 IEA.
- Secondary evidence allowed only in specified situations.
- Original document ordinarily required.
- Secondary evidence includes copies and oral accounts.
- Admissible when original:
- Lost,
- Destroyed,
- With opposite party,
- Public document,
- Not easily movable.
- BSA accommodates digital and electronic records.
Conclusion
Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 preserves the traditional rule that primary evidence is the best evidence while allowing secondary evidence in exceptional circumstances where production of original documents is impracticable or impossible. The provision ensures fairness and procedural convenience while modernizing the evidentiary framework to include electronic and digital records.
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KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Admissibility of Electronic or Digital Records Cannot be Denied [Section 61 BSA]
Introduction
Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 is an important new provision that has no corresponding section in the Indian Evidence Act, 1872 (IEA). This section reflects the modernization of Indian evidence law by expressly recognizing the admissibility and legal validity of electronic and digital records.
The provision ensures that electronic or digital records cannot be rejected merely because they exist in electronic form rather than on paper.
Meaning of Section 61 BSA
Section 61 provides that:
Purpose of the Provision
The primary object of Section 61 is to:
Legal Recognition of Digital Records
Under Section 61:
Important Feature of Section 61
The section creates a statutory assurance that:
The focus shifts toward:
Difference from the Indian Evidence Act, 1872Under the IEA
The Indian Evidence Act did not contain a separate provision expressly stating that:
Under the BSA
Section 61 explicitly recognizes:
Importance of the Provision1. Technological Adaptation
The provision adapts evidence law to:
2. Legal Certainty
It removes doubts regarding:
3. Promotion of E-Governance
The section supports:
4. Equality between Paper and Electronic Records
The section places:
Relationship with Section 63 BSA
While Section 61 grants general admissibility to electronic records, Section 63 lays down:
Practical Significance
The section is especially important in cases involving:
Important Points
Conclusion
Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 is a landmark provision that expressly recognizes the legal validity and admissibility of electronic and digital records. By placing electronic evidence on the same footing as paper records, the provision modernizes Indian evidence law and strengthens the legal framework governing digital transactions and electronic communication. It reflects the transition of the Indian legal system into the digital era while ensuring legal certainty and technological adaptability.
Introduction
Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 is an important new provision that has no corresponding section in the Indian Evidence Act, 1872 (IEA). This section reflects the modernization of Indian evidence law by expressly recognizing the admissibility and legal validity of electronic and digital records.
The provision ensures that electronic or digital records cannot be rejected merely because they exist in electronic form rather than on paper.
Meaning of Section 61 BSA
Section 61 provides that:
- No electronic or digital record shall be denied admissibility in evidence merely because it is in electronic or digital form.
- Electronic or digital records shall have the same legal effect,
- Same validity,
- Same enforceability,
as traditional paper records.
Purpose of the Provision
The primary object of Section 61 is to:
- Give legal recognition to electronic records,
- Facilitate digital transactions,
- Modernize evidentiary procedures,
- Promote technological adaptation in legal proceedings.
- E-governance,
- Online transactions,
- Digital communication,
- Cyber law developments.
Legal Recognition of Digital Records
Under Section 61:
- Electronic records are treated at par with physical documents.
- Emails,
- Digital contracts,
- Electronic agreements,
- SMS,
- WhatsApp chats,
- Server logs,
- Websites,
- Computer-generated records,
- Digital files,
- Electronic communications.
Important Feature of Section 61
The section creates a statutory assurance that:
- Electronic evidence cannot be excluded solely because it is electronic.
The focus shifts toward:
- Authenticity,
- Reliability,
- Compliance with procedural safeguards,
rather than physical format.
Difference from the Indian Evidence Act, 1872Under the IEA
The Indian Evidence Act did not contain a separate provision expressly stating that:
- Electronic records cannot be denied admissibility merely due to their digital nature.
- Sections 65A and 65B.
Under the BSA
Section 61 explicitly recognizes:
- Equal legal status of digital records,
- Admissibility of e-records,
- Enforceability of electronic evidence.
Importance of the Provision1. Technological Adaptation
The provision adapts evidence law to:
- Digital communication,
- Electronic commerce,
- Online governance.
2. Legal Certainty
It removes doubts regarding:
- Validity of electronic records,
- Admissibility of digital evidence.
3. Promotion of E-Governance
The section supports:
- Digital India initiatives,
- Paperless transactions,
- Electronic administration.
4. Equality between Paper and Electronic Records
The section places:
- Digital records,
and - Paper documents,
on equal legal footing.
Relationship with Section 63 BSA
While Section 61 grants general admissibility to electronic records, Section 63 lays down:
- Conditions for proof,
- HASH certification requirements,
- Technical safeguards for admissibility.
- Section 61 grants recognition,
- Section 63 regulates proof and authentication.
Practical Significance
The section is especially important in cases involving:
- Cybercrime,
- Electronic contracts,
- Banking transactions,
- Digital communication,
- Social media evidence,
- Electronic business records.
Important Points
- Section 61 BSA has no corresponding provision in IEA.
- Electronic or digital records cannot be denied admissibility merely because they are digital.
- Digital records have same legal validity as paper records.
- Promotes modernization and digital governance.
- Supports admissibility of e-evidence.
- Complements Sections 62 and 63 BSA.
Conclusion
Section 61 of the Bharatiya Sakshya Adhiniyam, 2023 is a landmark provision that expressly recognizes the legal validity and admissibility of electronic and digital records. By placing electronic evidence on the same footing as paper records, the provision modernizes Indian evidence law and strengthens the legal framework governing digital transactions and electronic communication. It reflects the transition of the Indian legal system into the digital era while ensuring legal certainty and technological adaptability.
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KembaraXtra – Legal Terms – Pardon
A pardon is the withdrawal of a sentence or punishment by the sovereign under the prerogative of mercy.
In the United Kingdom, pardons are granted by the Crown on the advice of the Home Secretary.
Once a pardon is granted, the person cannot be prosecuted or punished for the offence concerned.
The person receiving the pardon must raise it as a defence against prosecution or punishment.
A related remedy is a reprieve, which temporarily suspends the execution of a punishment.
A pardon is the withdrawal of a sentence or punishment by the sovereign under the prerogative of mercy.
In the United Kingdom, pardons are granted by the Crown on the advice of the Home Secretary.
Once a pardon is granted, the person cannot be prosecuted or punished for the offence concerned.
The person receiving the pardon must raise it as a defence against prosecution or punishment.
A related remedy is a reprieve, which temporarily suspends the execution of a punishment.
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KembaraXtra – Legal Terms – Parcels
Parcels generally refers to plots or pieces of land.
In legal documents, especially deeds, the term may also refer to the section describing the property being transferred.
The parcels clause identifies the boundaries, dimensions, and location of the land concerned.
Clear description of the parcels is important to avoid disputes regarding ownership or extent of land.
The term remains commonly used in conveyancing and property law documents.
Parcels generally refers to plots or pieces of land.
In legal documents, especially deeds, the term may also refer to the section describing the property being transferred.
The parcels clause identifies the boundaries, dimensions, and location of the land concerned.
Clear description of the parcels is important to avoid disputes regarding ownership or extent of land.
The term remains commonly used in conveyancing and property law documents.
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KembaraXtra – Legal Terms – Parental Responsibility Agreement
A parental responsibility agreement is a formal agreement that grants parental responsibility to an unmarried father or a step-parent.
The agreement is usually made between the mother and unmarried father under section 4(1)(b) of the Children Act 1989.
Where a step-parent seeks parental responsibility, the consent of all persons already holding parental responsibility is normally required.
The agreement must be completed on an official form, signed, witnessed, and registered at the Principal Registry of the Family Division in London.
Once registered, the agreement cannot be revoked except by an order of the court.
A parental responsibility agreement is a formal agreement that grants parental responsibility to an unmarried father or a step-parent.
The agreement is usually made between the mother and unmarried father under section 4(1)(b) of the Children Act 1989.
Where a step-parent seeks parental responsibility, the consent of all persons already holding parental responsibility is normally required.
The agreement must be completed on an official form, signed, witnessed, and registered at the Principal Registry of the Family Division in London.
Once registered, the agreement cannot be revoked except by an order of the court.
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KembaraXtra – Legal Terms – Parenting Agreement
A Parenting Agreement is a written agreement between parents setting out arrangements for their children after separation or divorce.
The agreement may include matters such as residence, contact arrangements, education, financial support, and healthcare.
The concept was proposed by the Family Justice Review in 2012 to encourage cooperative parenting arrangements.
Although not necessarily legally binding, the agreement may carry evidential weight in later court disputes.
Parenting agreements are intended to reduce conflict and promote the welfare and stability of children following family breakdown.
A Parenting Agreement is a written agreement between parents setting out arrangements for their children after separation or divorce.
The agreement may include matters such as residence, contact arrangements, education, financial support, and healthcare.
The concept was proposed by the Family Justice Review in 2012 to encourage cooperative parenting arrangements.
Although not necessarily legally binding, the agreement may carry evidential weight in later court disputes.
Parenting agreements are intended to reduce conflict and promote the welfare and stability of children following family breakdown.
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KembaraXtra – Legal Terms – Parent Company
A parent company is a company that controls another company known as a subsidiary company.
Control usually exists where the parent company owns a majority of shares or voting rights in the subsidiary.
The parent company may influence the subsidiary’s management, policies, and business decisions.
Corporate groups commonly consist of a parent company together with several subsidiaries.
The legal relationship between parent and subsidiary companies is important in company law and financial regulation.
A parent company is a company that controls another company known as a subsidiary company.
Control usually exists where the parent company owns a majority of shares or voting rights in the subsidiary.
The parent company may influence the subsidiary’s management, policies, and business decisions.
Corporate groups commonly consist of a parent company together with several subsidiaries.
The legal relationship between parent and subsidiary companies is important in company law and financial regulation.
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KembaraXtra – Legal Terms – Parental Responsibility Agreement
A parental responsibility agreement is a formal legal agreement that gives parental responsibility to an unmarried father, second female parent, or step-parent.
The agreement is commonly made between the mother and unmarried father under section 4(1)(b) of the Children Act 1989.
For step-parents, the consent of all persons already holding parental responsibility is generally required.
The agreement must be completed using an official form, signed, witnessed, and registered in the Principal Registry of the Family Division in London.
Once registered, the agreement cannot be cancelled by either party except through a court order.
A parental responsibility agreement is a formal legal agreement that gives parental responsibility to an unmarried father, second female parent, or step-parent.
The agreement is commonly made between the mother and unmarried father under section 4(1)(b) of the Children Act 1989.
For step-parents, the consent of all persons already holding parental responsibility is generally required.
The agreement must be completed using an official form, signed, witnessed, and registered in the Principal Registry of the Family Division in London.
Once registered, the agreement cannot be cancelled by either party except through a court order.
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KembaraXtra – Legal Terms – Parent
A parent may refer to a biological parent, a social parent, or a legal parent of a child.
A biological parent is connected to the child by birth or genetics.
A social parent includes persons such as step-parents or foster parents who care for the child.
A legal parent is a person recognized by law as having parental status and responsibilities.
At common law, a child born during marriage or civil partnership is presumed to be the child of the husband or civil partner unless proven otherwise.
A parent may refer to a biological parent, a social parent, or a legal parent of a child.
A biological parent is connected to the child by birth or genetics.
A social parent includes persons such as step-parents or foster parents who care for the child.
A legal parent is a person recognized by law as having parental status and responsibilities.
At common law, a child born during marriage or civil partnership is presumed to be the child of the husband or civil partner unless proven otherwise.