IEA §63 → BSA §58
Secondary evidence
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Comparison
63. Secondary evidence. –– 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 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.
58. 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 changedAI-inferred
Secondary evidence — BSA 58 expanded for electronic/digital.
Old position
IEA 63 is concerned with Secondary evidence. Secondary evidence
New position
BSA 58 modifies the framework. Topic: Secondary evidence.. Secondary evidence includes
IEA 63's enumeration of what counts as secondary evidence is preserved in BSA 58, with electronic / digital records explicitly added to the enumerated categories. The procedural certificate framework for electronic records sits at BSA 63.
Editorial deltaAI-indicated (source-linked)
BSA 58 carries forward IEA 63's enumeration of secondary-evidence types (certified copies, mechanical-process copies, original-compared copies, counterparts against non-executing parties, oral accounts). BSA 58 expands the list with three new entries: oral admissions; written admissions; and evidence of a person who has examined a document. The spelling of 'insure' in IEA 63(2) is corrected to 'ensure' in BSA 58(ii). The operative widening of admissible secondary evidence is the headline change.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 63 continues to apply. For matters from that date forward, BSA 58 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 58 (Secondary evidence.). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §63 → BSA §58 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/63.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.