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:

• Substitute evidence of a document,
• Inferior evidence indicating existence of original document.

Examples include:

• Certified copies,
• Photocopies,
• Copies made from original,
• Oral accounts of contents by persons who have seen the document.

Secondary evidence is admissible only under conditions specified by law.

General Rule
The general principle of evidence law is:

• Best evidence must be produced.

Therefore:

• Original document must ordinarily be produced before the Court.

Secondary evidence becomes admissible only in exceptional circumstances mentioned under Section 60.

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.

Purpose
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.

Requirement
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.

Example:

• 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.

This expands the scope beyond traditional paper documents.

Difference between BSA and IEA
Section 65 IEAUnder the Indian Evidence Act:

• Secondary evidence was recognized primarily in relation to physical documents.

The framework was comparatively narrower.

Section 60 BSAUnder the Bharatiya Sakshya Adhiniyam:

• The provision continues the traditional principles,
• But accommodates electronic and digital records more effectively.

The BSA reflects modern documentary practices.

Purpose of the Provision
The section balances:

• Need for best evidence,
  with
• Practical difficulties in producing originals.

It ensures:

• Fairness,
• Convenience,
• Efficient administration of justice.

Important Principle
Secondary evidence is:

• Exceptional in nature,
• Not automatically admissible.

The party relying on it must first establish:

• Grounds for non-production of original.

Only then can secondary evidence be admitted.

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.