IEA63
Evidence Act to BSA

Secondary evidence

Text carried over almost unchanged 93% Repealed 01 Jul 2024

IEA 63 (Secondary evidence) corresponds most closely to BSA 58, Secondary evidence, on a text comparison scoring 93 per cent. The Indian Evidence Act, 1872 was repealed with effect from 01 Jul 2024, but conduct before that date is still charged, tried and appealed under it.

Repealed · Indian Evidence Act

Section 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.

In force · Bharatiya Sakshya Adhiniyam

Section 58 Secondary evidence

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.

Other provisions with similar text

The next closest matches, in order. Where a provision was split or merged, the answer is often more than one of these.

How this table was made, and what it is not

There is no official machine-readable correspondence between the Indian Evidence Act, 1872 and the Bharatiya Sakshya Adhiniyam, 2023. The Ministry published comparison charts for human readers; nothing exists that a computer can check. So this is not an official mapping and we do not present it as one.

What it measures is how alike the text of two provisions is. For each provision of the old enactment we compare its words against every provision of the new one and report the closest, with the score. That works here because the new codes are largely a renumbering rather than a rewrite: where a provision carried over near-verbatim the match is self-evidencing, and you can see it for yourself, because both texts are set out side by side on every entry.

Where the law genuinely changed, the score falls and the entry says no close match found rather than offering a guess. Those entries matter: they are where the reform actually did something.

Check before you cite. A high score means the words are alike, not that a court has held the provisions equivalent. For that, read both texts and the Gazette.

Full Evidence Act to BSA table

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.