BSA Section 58 — Secondary evidence

Summary

Secondary evidence includes the following kinds of proof. Under item (i), certified copies that are given under the provisions contained later in this Act count as secondary evidence.

Under item (ii), copies made from the original by mechanical processes that themselves ensure the accuracy of the copy, as well as copies compared with such mechanically made copies, count as secondary evidence.

Under item (iii), copies made from the original, or copies compared with the original, count as secondary evidence.

Under item (iv), counterparts of documents count as secondary evidence as against the parties who did not execute them.

Under item (v), oral accounts of the contents of a document given by a person who has himself seen the document count as secondary evidence.

Under item (vi), oral admissions count as secondary evidence.

Under item (vii), written admissions count as secondary evidence.

Under item (viii), evidence of a person who has examined a document, where the original consists of numerous accounts or other documents that cannot conveniently be examined in Court, and where that person is skilled in the examination of such documents, counts as secondary evidence.

The illustrations give examples. Under illustration (a), a photograph of an original is secondary evidence of its contents, even if the photograph and original have not been compared, provided it is proved that the thing photographed was the original.

Under illustration (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.

Under illustration (c), a copy transcribed from a copy, but afterwards compared with the original, is secondary evidence. However, a copy not so compared is not secondary evidence of the original, even if the copy from which it was transcribed was compared with the original.

Under 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.

Official Text

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.

Old <-> New Code Mapping

• IEA §63 — Secondary evidence