Bharatiya Sakshya Adhiniyam, 2023

BSA Section 58

Secondary evidence

In one line

BSA Section 58 deals with secondary evidence and replaces Evidence Act 63.

Bare act text — BSA 58

58. Secondary evidence.

Secondary evidence includes-- (i) certified copies given under the provisions hereinafter contained; (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (iii) copies made from or compared with the original (iv) counterparts of documents as against the parties who did not execute them; (v) oral accounts of the contents of a document given by some person who has himself seen it; (vi) oral admissions; (vii) written admissions; (viii) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents. Illustrations. (a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original. (b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original. (c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original. (d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original.

What changed from the Evidence Act

  • Evidence Act 63 → BSA 58: Words "means and" are excluded and three new clauses (vi), (vii), and (viii) are added.

Frequently asked

What was BSA Section 58 in the Evidence Act?

BSA Section 58 (Secondary evidence) replaces Section 63 of the Indian Evidence Act, 1872. Evidence Act 63 is now BSA 58.

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