Indian Evidence Act, 1872 · Chapter V: Of Documentary Evidence
Section 63: Secondary evidence
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
Secondary evidence means and includes––
(1) certified copies given under the provisions hereinafter contained1;
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 63
-
N N Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd. (2023) 7
The issue at hand arose in the context of three statutes; the Arbitration and Conciliation Act 1996, the Indian Stamp Act, 1899, and the Indian Contract Act, 1872. The Stamp Act imposes duty on “instruments”.…
- Derek A C Lobo & Ors. v. Ulric M A Lobo (Dead) by Lrs. & Ors.
-
Vijay v. Union of India & Ors.
Whether the bar of admissibility created by s.35, Stamp Act 1899 applies to the agreement(s) to sell dtd. 04.02.1 988 executed by the parties; can a copy of a document be adduced as secondary evidence when the original…
-
Moturu Nalini Kanth v. Gainedi Kaliprasad (Dead,
Suit filed by the appellant (then a minor) through his guardian claiming right and title over the properties of late ‘V’, who as per his claim had adopted him, under a registered Will. Trial Court decreed the suit. High…
- M/s N. N. GLOBAL MERCANTILE PRIVATE LIMITED v. M/s
- Sundar @ Sundarrajan v. State by Inspector of
- Neeraj Dutta v. State (Govt. of N.C.T. of Delhi)
- V. Kalyanaswamy (D) by Lrs. & Anr. v. L. Bakthavatsalam (D) by Lrs. & Ors.
- Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal and Ors.
- Shafhi Mohammad v. The State of Himachal Pradesh
- Birbal Choudhary@ Mukhiya Jee v. State of Bihar
- Kaliya v. State of Madhya Pradesh
- M.B. Ramesh (D) by Lrs. v. K.M. Veeraje Urs (D) by Lrs. & Ors.
- Savithri and Ors. v. Karthyayani Amma and Ors.
- Hariom Agrawal v. Prakash Chand Mal Viya
- Apoline D' Souza v. John D Souza
- Benga Behera and Anr. v. Braja Kishore Nanda and Ors.
- Adivekka and Ors. v. Hanamavva Kom Venkatesh D by Lrs. and Anr.
- Smt. J. Yashoda v. Smt. K. Shobha Rani
- Niranjan Umeshchandra Joshi v. Mridula Jyoti Rao and Ors.
- State of Punjab and Ors. v. M/S. Amritsar Beverages Ltd. and Ors.
- State (N.C.T. of Delhi) v. Navjot Sandhu@Afsan Guru
- Bhagat Ram and Anr. v. Suresh and Ors.
- Sri Lakhi Baruah and Others v. Sri Padma Kanta Kalita and Others