​Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023Secondary Evidence [Section 58]
Section 58: Meaning and Nature of Secondary Evidence
Section 58 of the Bharatiya Sakshya Adhiniyam, 2023 provides an inclusive definition of secondary evidence. The use of the word “includes” makes it clear that the provision is not exhaustive, and it allows courts sufficient flexibility to admit other forms of secondary evidence that may not strictly fall within the enumerated categories, provided the statutory conditions are satisfied.
Secondary evidence becomes relevant only when primary evidence under Section 57 cannot be produced, and its admissibility is governed by the conditions laid down in Section 60.

Forms of Secondary Evidence under Section 58
Section 58 recognises the following kinds of secondary evidence:

1. Certified copies issued in accordance with law
2. Copies made from the original by mechanical processes ensuring accuracy
3. Copies made from or compared with the original
4. Counterparts of documents against parties who did not execute them
5. Oral accounts of the contents of a document
6. Oral admissions
7. Written admissions
8. Evidence of a person who has examined a document

Judicial interpretation and the Law Commission of India have clarified that:

• Clauses (i), (ii) and (iii) relate to copies of documents
• Clause (iv) relates to counterparts
• Clause (v) relates to oral accounts of contents

Relationship Between Section 57 (Explanation 3) and Section 58(ii)Section 57 (Explanation 3): Uniform Process

• Where several documents are produced by one uniform process (such as printing, lithography, or photography), each document is primary evidence of the contents of the others, provided they are original products of the same process.
• However, where such documents are merely copies derived from a common original, they do not constitute primary evidence of the contents of that original.

Section 58(ii): Mechanical Process

• Section 58(ii) covers copies made from the original by mechanical or electronic processes which themselves ensure the accuracy of the copy.
• It also includes copies compared with such mechanically produced copies.
• Printing, lithography, photography, photocopying, scanning, microfilm, microfiche, CDs, DVDs, pen drives, and similar electronic reproductions fall within this clause.

Thus, while documents produced by a uniform original process may amount to primary evidence under Section 57, copies produced mechanically from an existing original fall within the scope of secondary evidence under Section 58(ii).

(a) Scope of Section 58

• Section 58 is inclusive, not exhaustive.
• It must be read together with Section 57 (Primary Evidence) and Section 60 (Conditions for admissibility).
• Secondary evidence is admissible only when a legally recognised ground for non-production of the original is proved.
• Clauses (ii) and (iv) of Section 58 must be interpreted in light of the definition of primary evidence under Section 57.

(b) Certified Copies as Secondary Evidence
Certified copies issued under the provisions of law constitute valid secondary evidence.
Essential Requirements of Certified CopiesFor a certified copy to be admissible:

• It must be issued by a public officer
• The officer must have lawful custody of the public document
• The copy must be issued to a person entitled to inspect
• It must be issued upon payment of prescribed fees
• It must bear a certificate stating that it is a true copy, along with:
  • Date
  • Name and official designation of the officer
• It must be sealed, wherever the law so requires

Such certified copies carry a rebuttable presumption of genuineness under Section 78 of the Adhiniyam.
Courts have consistently held that certified copies of registered documents, including sale deeds, are admissible as secondary evidence where the original is unavailable for valid reasons.

(c) Copies Made by Mechanical Processes

• Mechanical reproduction of a document amounts to secondary evidence when the process ensures accuracy.
• Examples include:
  • Photographs
  • Photocopies
  • Scanned copies
  • Digital copies stored in CDs, DVDs, pen drives
  • Microfilm or microfiche
  • Digitally printed or reproduced records

However, the party relying on such evidence must explain:

• The circumstances in which the copy was prepared, and
• Who was in possession of the original at the relevant time.

Failure to establish entitlement under Section 60 renders such evidence inadmissible.

(d) Copies Made From or Compared With the Original

• A copy neither made from nor compared with the original is inadmissible.
• A copy of a copy may still be admissible if it is subsequently compared with the original.
• A Xerox copy, though not primary evidence, becomes admissible secondary evidence once duly compared with the original.
• Certification by a notary that the copy was compared with the original strengthens its evidentiary value.

(e) Counterparts of Documents

• A counterpart of a document is:
  • Primary evidence against the party who executed it
  • Secondary evidence against the party who did not execute it

This principle flows directly from Section 57 (Explanation 2).

(f) Oral Accounts of Contents of Documents

• Oral evidence of the contents of a document given by a person who has read the document is secondary evidence.
• Mere physical sight of a document without reading it is insufficient.
• Oral accounts of copies or photographs of a document do not amount to secondary evidence of the original.

(g) Admissions as Secondary Evidence

• Oral admissions and written admissions relating to the contents of a document are recognised forms of secondary evidence under Section 58.

(h) Evidence of Skilled Persons

• Where documents are voluminous and cannot be conveniently examined by the court, evidence of a skilled person who has examined them is admissible as secondary evidence.
• Examples include:
  • Valuation reports by property evaluators
  • Certificates issued by jewellers
  • Hash value certificates or expert reports relating to electronic records

(i) Equal Status of All Categories

• All categories of secondary evidence under Section 58 are of equal evidentiary status.
• There is no hierarchy or gradation among them.
• One form of secondary evidence need not be exhausted before another is relied upon, provided admissibility conditions are satisfied.

Exam-Ready Conclusion
Section 58 of the Bharatiya Sakshya Adhiniyam, 2023 provides an inclusive framework for secondary evidence, permitting various documentary substitutes, subject to strict compliance with statutory conditions and judicial scrutiny.