What Is BSA Section 58?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

Brefe Detail

Section 58 of the Bhartiya Sakshya Adhiniyam, 2023 outlines what constitutes secondary evidence. This includes certified copies, mechanically produced copies, oral and written admissions, and accounts from individuals who have seen the original document. The section emphasizes that certain forms of reproduction or comparison of documents are acceptable as secondary evidence, particularly in situations where the original cannot be conveniently examined.

Question & Answers

Q1: What is defined as secondary evidence in Section 58?

A1: Secondary evidence includes certified copies, mechanically produced copies, oral accounts from witnesses, and written admissions, among others.

Q2: What are certified copies?

A2: Certified copies are copies provided under specific provisions of law, deemed authentic.

Q3: How does mechanical reproduction qualify as secondary evidence?

A3: Copies made from the original by mechanical processes that ensure accuracy qualify as secondary evidence.

Q4: What role do oral accounts play in secondary evidence?

A4: Oral accounts of a document's contents given by someone who has seen it are considered secondary evidence.

Q5: Are counterparts of documents considered secondary evidence?

A5: Yes, counterparts are considered secondary evidence against parties who did not execute them.

Q6: Can a photograph of an original document be considered secondary evidence?

A6: Yes, a photograph of an original is secondary evidence if it is proven that the photographed item was the original.

Q7: What happens to copies that are not compared with the original?

A7: Copies not compared with the original are not considered secondary evidence of the original.

Example

• Example 1: A certified copy of a legal document is presented in court as secondary evidence.
• Example 2: A photograph of a contract serves as secondary evidence, provided it can be confirmed that the photograph captures the original.
• Example 3: An individual provides an oral account of the contents of a will that they have seen, qualifying it as secondary evidence.

Summary

Section 58 of the Bhartiya Sakshya Adhiniyam, 2023 details the various forms of secondary evidence permissible in court. It includes certified copies, mechanically generated documents, oral and written admissions, and expert accounts of documents that cannot be easily examined. The section underscores the importance of verifying the authenticity of secondary evidence while allowing flexibility in legal proceedings.