Cases in which secondary evidence relating to documents may be given
The door § 59 pointed to. Secondary evidence of a document’s existence, condition or contents may be given in seven defined cases (a)–(g) — and the Explanation fixes which kind of secondary evidence each case admits.
How to read Section 60
Two questions: is there a ground — and which kind does it allow?
Seven grounds
(a) withheld after notice · (b) admitted in writing · (c) lost/destroyed · (d) immovable · (e) public · (f) certified-copy-permitted · (g) voluminous.
Which kind
The Explanation maps each ground — (e)/(f) are certified copy only.
Order
Establish the ground first; then give the permitted secondary evidence.
The bare Act
The section in its own words — the seven grounds and the Explanation.
Section 60 · verbatim
Secondary evidence may be given of the existence, condition, or contents of a documentin 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.
In short: § 60 is the closed list of situations that unlock secondary evidence. Ground (a) is the workhorse — the original is with the opponent, someone beyond the Court, or a person bound to produce it, and after a § 64 notice he does not produce it. The others cover a written admission (b), loss or destruction without your fault (c), an immovable original (d), a public document (e), a document a certified copy of which the law allows (f), and a voluminous collection proved by its general result (g). Crucially, the Explanation restricts the kind of secondary evidence: any kind for (a)(c)(d); the written admission for (b); a certified copy only for (e)(f); and the skilled examiner’s result for (g).
→ This carries forward IEA 1872 § 65; the notice it refers to is § 64, and ‘public document’ is § 74.
Glossary
existence, condition or contents
What secondary evidence may prove about the document.
possession or power
Physical holding, or the right to obtain the document (ground a).
notice under § 64
The demand to produce the original — a pre-condition of ground (a).
representative in interest
One who stands in the party’s legal shoes — his admission binds (ground b).
not easily movable
An original fixed in place (e.g. an inscription) — ground (d).
public document
A document within § 74 — ground (e); certified copy only.
certified copy
An attested copy — the only secondary evidence for (e) and (f).
general result
The net upshot of voluminous records — proved by an examiner (ground g).
The picture
Seven grounds on the left; the kind each admits on the right.
The section, part by part
Four groups — tap each. Every clause, sub-clause and the Explanation is shown in its own words with a plain meaning.
intro + ground (a)When the original is in another’s hands
In one lineThe first ground: the original is in someone else’s possession — the opponent, a person beyond the Court, or one bound to produce it — and, after a § 64 notice, they do not produce it.
Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely:–the gate: secondary MAY be given if…secondary evidence of a document’s existence, condition or contents may be given in the cases below:
(a) when the original is shown or appears to be in the possession or power–(a) original in another’s hands…when the original is (or appears) in the possession or power of…
(i) of the person against whom the document is sought to be proved; or(i) — the opponent…the person against whom the document is being proved; or
(ii) of any person out of reach of, or not subject to, the process of the Court; or(ii) — beyond the Court’s reach…a person beyond the Court’s reach or not subject to its process; or
(iii) of any person legally bound to produce it,(iii) — one bound to produce…a person legally bound to produce it,
and when, after the notice mentioned in section 64 such person does not produce it;…& won’t produce after § 64 notice— and, after notice under § 64, that person does not produce it.
ExampleThe original agreement is with the opposite party. You serve a § 64 notice to produce; he refuses. You may now prove the agreement by secondary evidence (a copy).
✗ Not thisClause (a) needs both limbs: the original in the specified hands and non-production after the § 64 notice. No notice given (where required), no (a) route.
grounds (b)–(d)Admitted, lost, or immovable
In one lineThree more grounds: contents admitted in writing (b); the original lost or destroyed, or unobtainable through no fault of yours (c); or the original not easily movable (d).
(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;(b) admitted in writingwhen the original’s existence/condition/contents are admitted in writing by the opponent (or 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;(c) lost / destroyed / no faultwhen the original is destroyed or lost, or cannot be produced in reasonable time for a reason not from the party’s own default.
(d) when the original is of such a nature as not to be easily movable;(d) not easily movablewhen the original is not easily movable (e.g. an inscription on a wall).
ExampleAn inscription carved on a building (d) — you prove its wording by a copy or photograph; you cannot bring the wall to court.
✗ Not thisGround (c) fails if the loss arose from your own default or neglect — you must show the unavailability is not your fault.
grounds (e)–(g)Public, certified, and voluminous
In one lineThe last three: the original is a public document (e); the law permits a certified copy of it (f); or the originals are too voluminous and only their general result is in issue (g).
(e) when the original is a public document within the meaning of section 74;(e) a public document (§ 74)when the original is a public document within § 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;(f) certified copy permitted by lawwhen a certified copy of it is permitted by this Adhiniyam or any other law in force in India.
(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.(g) voluminous — general resultwhen the originals are numerous accounts/documents too inconvenient to examine in court, and the fact to prove is their general result.
ExampleA government record (e) or a registered document (f) — proved by a certified copy. A firm’s 5,000 invoices (g) — an auditor proves the net result.
✗ Not thisFor (e) and (f) you may use only a certified copy (Explanation iii) — not an ordinary photocopy or an oral account.
the ExplanationWhich kind of secondary evidence each ground unlocks
In one lineThe Explanation is the key: the ground tells you when secondary evidence is allowed; the Explanation tells you which kind.
Explanation.– For the purposes of–Explanation — which secondary kindwhich kind of secondary evidence is admissible depends on the clause:
(i) clauses (a), (c) and (d), any secondary evidence of the contents of the document is admissible;(a)(c)(d) → ANY secondaryfor (a), (c), (d) — any secondary evidence of the contents.
(ii) clause (b), the written admission is admissible;(b) → the written admissionfor (b) — the written admission.
(iii) clause (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible;(e)(f) → certified copy ONLYfor (e) or (f) — only a certified copy, no other kind.
(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.(g) → examiner’s general resultfor (g) — the general result, by a skilled examiner who has examined them.
ExampleUnder (e)/(f) a plain photocopy will not do — the Explanation confines you to a certified copy. Under (a)/(c)/(d), any secondary evidence (copy, oral account, etc.) is open.
✗ Not thisDo not assume ‘secondary evidence’ means the same for every ground — the Explanation narrows it clause-by-clause. (e)/(f) are certified-copy-only.
