IEA Section 63: Secondary evidence
Indian Evidence Act, 1872 · Chapter 5: Documentary Evidence
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
¶Secondary evidence means and includes-
¶ (1) Certified copies given under the provisions hereinafter contained;
¶(2) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;
¶(3) Copies made from or compared with the original;
¶(4) Counterparts of documents as against the parties who did not execute them;
¶(5) Oral accounts of the contents of a document given by some person who has himself seen it.
¶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 art 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.
Study: explanations and related material
Now BSA 58 (corresponding section). IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03), p7
Official reference: Legislative Department, Assam: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 61. Proof of contents of documents
- 62. Primary evidence
- 64. Proof of documents by primary evidence
- 65. Cases in which secondary evidence relating to documents may be given
- 65A. Special provisions as to evidence relating to electronic record
- 65B. Admissibility of electronic records
- 66. Rules as to notice to produce
- 67. Proof of signature and handwriting of person alleged to have signed or written document produced
- 67A. Proof as to digital signature
- 68. Proof of execution of document required by law to be attested
- 69. Proof where no attesting witness found
- 70. Admission of execution by party to attested document
- 71. Proof when attesting witness denies the execution
- 72. Proof of document not required by law to be attested
- 73. Comparison of signature, writing or seal with others admitted or proved
- 73A. Proof as to verification of digital signature
- 74. Public documents
- 75. Private documents
- 76. Certified copies of public documents
- 77. Proof of documents by production of certified copies
- 78. Proof of other official documents
- 79. Presumption as to genuineness of certified copies
- 80. Presumption as to documents produced as record of evidence
- 81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
- 81A. Presumption as to Gazettes in electronic forms
- 82. Presumption as to document admissible in England without proof of seal or signature
- 83. Presumption as to maps or plans made by authority of Government
- 84. Presumption as to collections of laws and reports of decisions
- 85. Presumption as to power-of-attorney
- 85A. Presumption as to electronic agreements the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records
- 85B. Presumption as to electronic records and digital signatures
- 85C. Presumption as to [Electronic Signature Certificates]
- 86. Presumption as to certified copies of foreign judicial records
- 87. Presumption as to books, maps and charts
- 88. Presumption as to telegraphic messages
- 88A. Presumption as to electronic messages
- 89. Presumption as to due execution, etc. of documents not produced
- 90. Presumption as to documents thirty years old
- 90A. Presumption as to electronic records five years old