IEA §65 → BSA §60
Cases in which secondary evidence relating to documents may be given
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65. Cases in which secondary evidence relating to documents may be given.––Secondary evidence may be given of the existence, condition, or contents of a document in the following cases: –– (a) when the original is shown or appears to be in the possession or power –– of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in section 66, 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 Act, or by any other law in force in 1[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. In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible. In case (b), the written admission is admissible. In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. In case (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 documents.
60. Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely: — (a) when the original is shown or appears to be in the possession or power— (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.—For the purposes of— (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.
What changedAI-inferred
Cases in which secondary evidence relating to documents may be given.
Old position
IEA 65 is concerned with Cases in which secondary evidence relating to documents may be given. Cases in which secondary evidence relating to documents may be given
New position
BSA 60 preserves the framework with drafting modernisations as required by the new code. Topic: Secondary evidence may be given of the existence, condition, or contents of.. Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely:
BSA 60 (Secondary evidence may be given of the existence, condition, or contents of.) preserves the framework of IEA 65. BSA 60 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 60 text: Secondary...
Editorial deltaAI-indicated (source-linked)
BSA 60 (Secondary evidence may be given of the existence, condition, or contents of.) preserves the framework of IEA 65. BSA 60 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 60 text: Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely: — (a) when the original is shown or appears to be in the possession or power— (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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 65 continues to apply. For matters from that date forward, BSA 60 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 60 (Secondary evidence may be given of the existence, condition, or contents of.). The relationship is classified as substantively_same — 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 §65 → BSA §60 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/iea/65.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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