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Section 58 - Secondary evidence.

Description of the The Bharatiya Sakshya Adhiniyam Act 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.