​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Secondary Evidence [Section 58 BSA / Section 63 IEA]
Introduction
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Section 58 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 63 of the Indian Evidence Act, 1872. Both provisions provide an inclusive definition of secondary evidence and specify the various forms in which secondary evidence may be produced before the Court.
Secondary evidence refers to evidence that is not the original document but is used to prove the existence, condition, or contents of the original document when primary evidence cannot be produced. The BSA expands the scope of secondary evidence by expressly including certain categories that were not specifically mentioned under the IEA.

Meaning of Secondary Evidence
Secondary evidence is substitute or inferior evidence that indicates the existence or contents of an original document.
It is generally used when:

• The original document is unavailable,
• The original has been lost or destroyed,
• Production of the original is impracticable,
• The law otherwise permits its use.

Secondary evidence serves as an exception to the rule that documents must be proved by primary evidence.

Forms of Secondary Evidence
Under Section 58 BSA, secondary evidence includes:

• Certified copies of documents;
• Copies made from the original by mechanical processes which ensure accuracy;
• Copies made from or compared with the original;
• Counterparts of documents as against parties who did not execute them;
• Oral accounts of the contents of a document given by a person who has seen the original.

These categories substantially correspond to those contained in Section 63 of the Indian Evidence Act, 1872.

New Additions under Section 58 BSA
A significant change introduced by the BSA is the inclusion of three additional forms of secondary evidence that were not expressly recognized under Section 63 of the IEA.

1. Oral Admissions
Oral admissions relating to the contents of a document may now constitute secondary evidence in appropriate cases.
This recognizes the evidentiary value of statements made by parties regarding the contents of documents.

2. Written Admissions
Written admissions regarding the existence or contents of a document are also recognized as secondary evidence.
Such admissions may reduce the necessity of producing the original document.

3. Expert Reports
Section 58 expressly includes expert reports, particularly relating to:

• Financial records,
• Technical records,
• Specialized documentary analysis.

This reflects the growing importance of expert-generated documentary material in modern litigation.

Expansion of the Concept under the BSA
The BSA adopts a broader approach to secondary evidence than the IEA.
By expressly recognizing:

• Oral admissions,
• Written admissions,
• Expert reports,

the BSA accommodates a wider range of evidentiary materials that may assist the Court in determining the contents or existence of documents.
This expansion reflects the realities of contemporary legal and commercial transactions.

Purpose of the Provision
The provision seeks to:

• Ensure justice is not defeated by non-production of original documents,
• Facilitate proof where primary evidence is unavailable,
• Recognize modern forms of documentary proof,
• Adapt evidence law to technological and commercial developments.

Difference between Section 58 BSA and Section 63 IEA
Section 58 BSA

• Provides a broader definition of secondary evidence.
• Includes oral admissions.
• Includes written admissions.
• Includes expert reports.
• Better suited to modern documentary and electronic records.

Section 63 IEA

• Recognized traditional forms of secondary evidence.
• Did not expressly include oral admissions.
• Did not expressly include written admissions.
• Did not expressly include expert reports.

Legal Significance
The expansion under the BSA:

• Enhances flexibility in proving documents.
• Reduces procedural difficulties.
• Recognizes practical realities of modern litigation.
• Facilitates admissibility of diverse forms of documentary proof.

However, admissibility of secondary evidence remains subject to the conditions laid down under Section 60 BSA.

Important Points (Note Form)

• Section 58 BSA corresponds to Section 63 IEA.
• Secondary evidence is evidence other than the original document.
• Includes certified copies and mechanical copies.
• Includes copies compared with originals.
• Includes oral accounts of document contents.
• BSA adds:
  • Oral admissions,
  • Written admissions,
  • Expert reports.
• Broadens the scope of admissible secondary evidence.
• Secondary evidence is admissible only in circumstances specified by law.

Conclusion
Section 58 of the Bharatiya Sakshya Adhiniyam, 2023 significantly expands the concept of secondary evidence beyond the framework of Section 63 of the Indian Evidence Act, 1872. By expressly recognizing oral admissions, written admissions, and expert reports, the BSA adopts a more comprehensive and modern approach to documentary proof. The provision reflects the evolving needs of contemporary legal practice while maintaining the fundamental principle that secondary evidence is admissible only under legally recognized circumstances.