Section 60 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) deals with the admissibility of secondary evidence concerning documents. It outlines specific circumstances under which secondary evidence—such as copies, oral accounts, or other substitutes for original documents—can be presented in court.
📝 Section 60: Cases in Which Secondary Evidence Relating to Documents May Be Given
Secondary evidence may be admissible in the following cases:(indiankanoon.org)
Possession of the Original by Adverse Party:
When the original document is in the possession or control of the person against whom it is sought to be proved.(kanoongpt.in)
Person Out of Reach of Court Process:
When the original document is in the possession of a person who is not subject to the court's jurisdiction.(taxguru.in)
Failure to Produce After Notice:
When a person legally bound to produce the original document fails to do so after receiving notice under Section 64.
Written Admission:
When the existence, condition, or contents of the original document have been admitted in writing by the person against whom it is sought to be proved.(
Destruction or Loss of Original:
When the original document has been destroyed or lost, or when the party offering evidence cannot produce it in reasonable time for reasons not arising from their own default or neglect.
Nature of the Original:
When the original document is of such a nature that it cannot be easily moved.
Public Document:
When the original is a public document within the meaning of Section 74.
Certified Copy Permitted:
When the original is a document of which a certified copy is permitted by this Act or any other law in force in India to be given in evidence.(indiankanoon.org)
Numerous Accounts or Documents:
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 and Application
Clause (a): Allows secondary evidence when the original document is in the possession of the opposing party or someone beyond the court's reach.
Clause (b): Permits secondary evidence when the opposing party has admitted in writing the existence or contents of the original document.
Clause (c): Enables secondary evidence when the original document is lost or destroyed, or the party cannot produce it due to reasons beyond their control.
Clause (d): Applies when the original document is immovable or difficult to bring to court.
Clause (e): Covers situations where the original is a public document as defined under Section 74.(indiankanoon.org)
Clause (f): Pertains to documents for which certified copies are admissible under this Act or any other law.(mynation.net)
Clause (g): Addresses cases where numerous documents cannot be conveniently examined in court, and the general result is what needs to be proved.(myjudix.com)
📌 Illustrative Examples
Possession of Original by Adverse Party:
If a person refuses to produce a contract they hold, a copy of the contract may be submitted as secondary evidence.(kanoongpt.in)
Loss or Destruction of Original:
If a receipt is lost in a fire, a photocopy of the receipt can be presented in court.
Public Document:
A certified copy of a government gazette can be used as secondary evidence.
⚖️ Importance in Legal Proceedings
Section 60 ensures that the absence of an original document does not hinder the presentation of evidence. It provides a structured approach to admitting secondary evidence, thereby facilitating the fair and efficient administration of justice.
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