​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:

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

Secondary evidence is admissible only in exceptional situations specified by law.

General Rule regarding Documentary Evidence
The law follows the principle that:

• Best evidence must be produced.

Therefore, the original document is ordinarily required to prove its contents. Secondary evidence becomes admissible only when the party proves circumstances justifying non-production of the original.

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.

This prevents a party from taking advantage of withholding documents.

2. Original Lost or Destroyed
Secondary evidence is admissible where:

• The original document has been lost,
• Destroyed,
• Cannot be found despite reasonable search.

The loss or destruction must first be proved before secondary evidence is admitted.

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.

Thus, the provision adapts traditional documentary evidence rules to modern technology.

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.

It ensures that justice is not defeated merely because the original document cannot be produced.

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.