§ SECTION 58 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Secondary evidence

Section 58 describes recognised forms of secondary evidence. The illustrations distinguish different copying routes; section 60 separately determines when and which secondary evidence may be received.

How to read Section 58

Identify the copying process before applying a rule about a copy of a copy.

The kinds

Copies, counterparts, accounts, admissions and a skilled examiner’s evidence are among the listed forms.

Illustration (b)

A copy compared with a machine-copy qualifies if the machine-copy is shown to have been made from the original.

Illustrations (c) and (d)

The transcribed-copy example requires comparison with the original; an oral account of a copy is not an oral account of the original.

The bare Act

The section in its own words — the inclusive list and four illustrations.

Section 58 · verbatim

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;

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.

In short: Keep the routes distinct. Clause (ii) and illustration (b) allow a copy compared with a qualifying mechanical copy shown to derive from the original. Illustration (c) addresses a transcribed copy and its comparison with the original. Illustration (d) excludes an oral account of a copy as proof of the original. These rules do not become a universal requirement that every second-generation copy be compared directly with the original.

Correspondence: IEA section 63. BSA section 60 separately governs admissibility and the permitted form.

Glossary

secondary evidence

A substitute for the original — copies, accounts, admissions, etc.

certified copy

An officially attested copy given under the Act (clause i).

mechanical process

Photocopying and the like — inherently accurate copying (clause ii).

counterpart

A part signed by one side — secondary against non-signers (clause iv).

oral account

Spoken description of contents by one who saw the document (clause v).

admission

A party’s acceptance of the contents — oral (vi) or written (vii).

skilled examiner

An expert who has examined a voluminous original (clause viii).

compared with the original

The comparison required in the transcribed-copy example in illustration (c). Distinguish the separate mechanical-copy route in clause (ii) and illustration (b).

The picture

Identify the statutory form, trace the copying process and then check admissibility.

The section, part by part

Three groups — tap each. Every clause and illustration is shown in its own words with a plain meaning.

Intro + copies (i)–(iii)(iv)–(viii)Illustrations (a)–(d)

intro + (i)–(iii)Copies that stand in for the original

In one lineSecondary evidence is a stand-in for the original. It includes — first — three kinds of copy: certified, mechanical-process, and copies made from or compared with the original.

Secondary evidence includes–‘includes’ — the substitutes‘secondary evidence’ includes the following stand-ins for the original (a non-exhaustive list):

(i) certified copies given under the provisions hereinafter contained;(i) certified copiescertified copies given under the Act’s own provisions.

(ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies;(ii) mechanical-process copiesmechanical-process copies that inherently ensure accuracy (e.g. photocopies), and copies compared with such copies.

(iii) copies made from or compared with the original;(iii) copies from / compared with originalcopies made from the original, or compared with it.

ExampleA certified copy of a registered sale deed (i), or a photocopy compared with the original (ii–iii), is secondary evidence of the deed’s contents.

Reading boundaryA copy of a copy is not governed by one universal rule. Distinguish clause (ii) and illustration (b) from the transcribed-copy situation in illustration (c); then separately establish admissibility under section 60.

clauses (iv)–(viii)Counterparts, accounts, admissions & the examiner

In one lineBeyond copies: counterparts (against non-signers), oral accounts by one who saw the document, oral and written admissions, and — for unwieldy originals — a skilled examiner’s evidence.

(iv) counterparts of documents as against the parties who did not execute them;(iv) counterparts (vs non-signers)counterparts — secondary evidence against the parties who did not sign them.

(v) oral accounts of the contents of a document given by some person who has himself seen it;(v) oral account (by one who saw it)oral accounts of a document’s contents by someone who has himself seen it.

(vi) oral admissions;(vi) oral admissionsoral admissions of the contents.

(vii) written admissions;(vii) written admissionswritten admissions of the contents.

(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.(viii) skilled examiner of bulky recordsthe evidence of a skilled examiner who has examined an original made up of numerous accounts/documents too bulky to bring to court.

ExampleA party’s written admission of what a lost contract said (vii); or an accountant who has examined 10,000 ledgers testifying to their upshot (viii) — both are secondary evidence.

✗ Not thisAn oral account counts only if the speaker himself saw the document (v). Second-hand talk about its contents — hearsay — is not secondary evidence.

illustrations (a)–(d)Where the line is drawn

In one lineApply each illustration to its own process: photograph (a), comparison with a proven machine-copy (b), transcribed copy (c), and oral account of a copy (d).

The four Illustrations the Act gives (a–d) · tap any picture to zoom

Photograph of the original = secondary evidence · tap outside or × to close

Illustration (a) — a photograph of an original is secondary evidence of its contents, even though the two have not been compared, if it is proved that the thing photographed was the original. (tap to zoom)

Copy checked against a machine-copy of the original · tap outside or × to close

Illustration (b) — a copy compared with a machine-made copy of a letter is secondary evidence of the letter, if the machine-copy was made from the original. (tap to zoom)

Counts only if itself compared to the original · tap outside or × to close

Illustration (c) — a copy transcribed from a copy but afterwards compared with the original is secondary evidence; a copy not so compared is not — even if the copy it was transcribed from was compared with the original. (tap to zoom)

An oral account of a copy is NOT secondary evidence · tap outside or × to close

Illustration (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. (tap to zoom)

(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.(a) photograph of the originala photograph of an original is secondary evidence — even uncompared — if the thing photographed is proved to be 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.(b) compared machine-copya copy compared with a machine-copy of a letter is secondary evidence — if the machine-copy is shown to have been 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.(c) transcribed-then-compareda copy transcribed from a copy but later compared with the original is secondary; but if not so compared, it is not — even though the copy it came from was compared.

(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.(d) oral account of a copy → NOT secondaryan oral account of a compared copy, or of a photograph/machine-copy, is not secondary evidence of the original.

ExampleIllustration (c): a clerk copies a copy, then checks it against the original — secondary. If he never checks it against the original, it is not — even though the copy he worked from had been checked.

Reading boundaryAn oral account by someone who saw only a copy is excluded by illustration (d). An eligible account from someone who saw the document itself is a different category under clause (v), subject to section 60.

Connected provisions

§ 57

Primary evidence

The original itself — what secondary evidence stands in for.

§ 59 · next

Proof by primary evidence

The default — documents must be proved by primary evidence, save as allowed.

§ 60

When secondary is allowed

The gate — the cases in which secondary evidence may actually be given.

lineage

IEA 1872, § 63

Carried forward — the kinds of secondary evidence.

Sources and reading note

BSA section 58(ii), (v), illustrations (b)–(d), and section 60. Compare the process in each example before deciding whether the offered evidence qualifies.

Explanatory corrections reviewed on 24 September 2026. Statutory quotation and commentary are kept separate.