BSA Section 60: Cases in which secondary evidence relating to documents may be given
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 5: Of Documentary Evidence
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60. Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely: \u2014
(a) when the original is shown or appears to be in the possession or power\u2014
(i) of the person against whom the document is sought to be proved; or
(ii) of any person out of reach of, or not subject to, the process of the Court; or
(iii) of any person legally bound to produce it, and when, after the notice mentioned in section 64 such person does not produce it;
(b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;
(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;
(d) when the original is of such a nature as not to be easily movable;
(e) when the original is a public document within the meaning of section 74;
(f) when the original is a document of which a certified copy is permitted by this Adhiniyam, or by any other law in force in India to be given in evidence;
(g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection.
Explanation.\u2014For the purposes of\u2014
(i) clauses (a), (c) and (d), any secondary evidence of the contents of the document is admissible;
(ii) clause (b), the written admission is admissible;
(iii) clause (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible;
(iv) clause (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such document.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 56. Proof of contents of documents
- 57. Primary evidence
- 58. Secondary evidence
- 59. Proof of documents by primary evidence
- 61. Electronic or digital record
- 62. Special provisions as to evidence relating to electronic record
- 63. Admissibility of electronic records
- 64. Rules as to notice to produce
- 65. Proof of signature and handwriting of person alleged to have signed or written document produced
- 66. Proof as to electronic signature
- 67. Proof of execution of document required by law to be attested
- 68. Proof where no attesting witness found
- 69. Admission of execution by party to attested document
- 70. Proof when attesting witness denies execution
- 71. Proof of document not required by law to be attested
- 72. Comparison of signature, writing or seal with others admitted or proved
- 73. Proof as to verification of digital signature
- 74. Public and private documents
- 75. Certified copies of public documents
- 76. Proof of documents by production of certified copies
- 77. Proof of other official documents
- 78. Presumption as to genuineness of certified copies
- 79. Presumption as to documents produced as record of evidence, etc
- 80. Presumption as to Gazettes, newspapers, and other documents
- 81. Presumption as to Gazettes in electronic or digital record
- 82. Presumption as to maps or plans made by authority of Government
- 83. Presumption as to collections of laws and reports of decisions
- 84. Presumption as to powers-of-attorney
- 85. Presumption as to electronic agreements
- 86. Presumption as to electronic records and electronic signatures
- 87. Presumption as to Electronic Signature Certificates
- 88. Presumption as to certified copies of foreign judicial records
- 89. Presumption as to books, maps and charts
- 90. Presumption as to electronic messages
- 91. Presumption as to due execution, etc., of documents not produced
- 92. Presumption as to documents thirty years old
- 93. Presumption as to electronic records five years old