Section 58 of BSA : Section 58: Secondary evidence.

Explanation using Example

Example 1:

Ravi is involved in a property dispute with his neighbor, Suresh. The original property deed is with the local land registry office, and Ravi cannot obtain the original document. However, Ravi has a certified copy of the deed provided by the land registry office. Under Section 58 of The Bharatiya Sakshya Adhiniyam 2023, this certified copy is considered secondary evidence and can be used in court to prove the contents of the original property deed.

Example 2:

Priya is contesting a will in court. The original will was lost in a fire, but Priya has a photocopy of the will that was made before the fire. Additionally, Priya's lawyer has compared this photocopy with another photocopy that was made from the original will. According to Section 58, this photocopy, which has been compared with another copy made from the original, qualifies as secondary evidence and can be presented in court to establish the contents of the original will.

Example 3:

Anil is accused of forging a contract. The original contract is missing, but a witness, Raj, who had seen the original contract, provides an oral account of its contents. Under Section 58, Raj's oral account of the document he has seen himself is considered secondary evidence and can be used in court to describe the contents of the original contract.

Example 4:

Meera is involved in a business dispute where the original invoices are too numerous to be conveniently examined in court. An expert accountant, who has examined all the original invoices, provides a summary of the accounts. According to Section 58, the expert's evidence is considered secondary evidence and can be used in court to present the contents of the numerous original invoices.

Example 5:

Sunita is trying to prove the terms of a lease agreement. The original lease document was signed by her landlord but not by her. Sunita has a counterpart of the lease agreement. Under Section 58, this counterpart is considered secondary evidence against the landlord, who did not execute it, and can be used in court to prove the terms of the lease agreement.