Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Cases in Which Secondary Evidence Relating to Documents May Be Given – Section 60
1. Introduction
The Bharatiya Sakshya Adhiniyam, 2023 adopts the well-established principle of the Best Evidence Rule, which mandates that the original document is the most reliable proof of its contents. However, the law also recognizes that circumstances may arise where production of the original document is impossible or impracticable. To meet such situations, Section 60 provides for admission of secondary evidence, subject to strict conditions.
Section 60 thus acts as an exception to the primary evidence rule, ensuring that justice is not defeated merely because the original document cannot be produced for reasons beyond the control of the party relying upon it.

2. Scope and Object of Section 60
Section 60 specifies the situations in which secondary evidence may be led to prove:

• the existence of a document,
• its condition, or
• its contents.

The underlying principle is that secondary evidence is permissible only when primary evidence is unavailable for legitimate reasons and not due to the negligence or fault of the party relying on it. Before permitting secondary evidence, the Court must be satisfied that:

• the original document once existed,
• its non-production is satisfactorily explained, and
• the party seeking to rely on secondary evidence has acted with due diligence.

Secondary evidence cannot be admitted where the original itself is legally inadmissible, such as an unregistered document compulsorily required to be registered.

3. Statutory Situations Permitting Secondary Evidence
Section 60 enumerates specific circumstances under which secondary evidence may be given. These are discussed below:

(a) Original in Possession of Opposite Party or Third Person
Where the original document:

• is in the possession or power of the opposite party,
• or is with a third person who is beyond the reach of the Court or legally bound to produce it,
  and such person fails to produce the document despite due notice, secondary evidence becomes admissible.

The purpose of issuing notice is to provide the holder of the document an opportunity to produce the best evidence. Upon failure, the law allows reliance on secondary evidence of the document’s contents.
Nature of secondary evidence admissible:
Any form of secondary evidence is permissible in this situation.

(b) Written Admission of Contents
If the existence, condition, or contents of the original document are admitted in writing by the person against whom the document is sought to be proved, such written admission itself becomes admissible.
Important aspects:

• Only written admission is acceptable; oral admissions are excluded.
• The original document may still exist, but production becomes unnecessary once written admission is proved.

(c) Loss or Destruction of Original Document
Secondary evidence may be given where:

• the original document has been destroyed,
• or it has been lost,
• or cannot be produced within a reasonable time for reasons not attributable to the fault or neglect of the party.

The party must establish:

• prior existence of the document, and
• diligent but unsuccessful efforts to locate it.

A mere assertion of loss is insufficient; the explanation must inspire confidence.
Nature of secondary evidence admissible:
Any form of secondary evidence may be produced.

(d) Original Not Easily Movable
When the original document is of such a nature that it cannot conveniently be produced in Court—such as inscriptions on buildings, monuments, or permanent fixtures—secondary evidence is permitted.
Illustration:
Inscriptions engraved on walls, stones, or historical monuments may be proved through copies, photographs, or oral testimony.

(e) Original Is a Public Document
When the original document falls within the category of public documents under Section 74, secondary evidence is admissible even if the original is available.
However, in such cases:

• only a certified copy is admissible, and
• no other form of secondary evidence is permitted.

This rule is based on public policy considerations, as public documents cannot ordinarily be removed from official custody.

(f) Documents of Which Certified Copies Are Permitted
Where the law expressly permits certified copies to be given in evidence—either under the Adhiniyam or any other law—secondary evidence in the form of certified copies may be produced.
This applies particularly to:

• registered instruments,
• judicial records,
• official registers.

Again, only certified copies are admissible, not other forms of secondary evidence.

(g) Numerous Documents or Accounts
Where the originals consist of voluminous records or numerous documents and examination of each document in Court would be impractical, evidence may be given as to the general result of the documents.
Such evidence must be:

• given by a person who has examined the documents, and
• who is skilled in the examination of such records.

The opposing party retains the right to cross-examine the witness to test the accuracy of the summary.

4. No Hierarchy Among Secondary Evidence
As a general rule, the law does not recognize degrees of secondary evidence. Any legally permissible form of secondary evidence may be adduced at the choice of the party.
However, this rule is subject to statutory exceptions—particularly in cases involving public documents or certified copies—where the law restricts admissibility to specific forms of secondary evidence.

5. Photocopies and Xerox Copies as Secondary Evidence
Courts have consistently held that photocopies may be admitted as secondary evidence, provided statutory conditions are fulfilled. Key principles include:

• Proof of existence and loss or non-production of the original,
• Establishment of authenticity and accuracy of the photocopy,
• Satisfaction of the Court regarding absence of manipulation.

Admission of a photocopy does not automatically prove its contents; its evidentiary value must be independently assessed.

6. Important Doctrinal Observations
From judicial interpretation and statutory provisions, the following principles emerge:

• The Best Evidence Rule remains central to documentary proof;
• Secondary evidence is an exception, not the norm;
• Foundational facts must be strictly proved before allowing secondary evidence;
• Mechanical copies are admissible only when their accuracy is established;
• The Court must guard against fraud, fabrication, or manipulation, particularly in photocopies and electronic reproductions.

7. Conclusion
Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 provides a comprehensive framework governing the admissibility of secondary evidence. It balances the necessity of preserving the Best Evidence Rule with the practical realities of document loss, destruction, or inaccessibility. By imposing strict safeguards and requiring judicial satisfaction, the provision ensures that secondary evidence serves the cause of justice without undermining evidentiary reliability.