Primary and Secondary Evidence Under the BSA (Sections 57 to 60) (2026)

Explainer · BSA · Evidence Law

Updated for 2026 · Claw Editorial

Primary evidence is the original document, and secondary evidence is a copy or substitute that the court can accept only in allowed cases. The rules are now in Sections 57 to 60 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced Sections 62 to 65 of the Indian Evidence Act, 1872 from 1 July 2024. These are rules of evidence, not offences, so they carry no punishment. Last verified October 2026.

01Primary and secondary evidence

When a document is used to prove something in court, the law prefers the original. The original document is primary evidence. A copy or a substitute is secondary evidence, and it can be used only in the situations the law allows.

Under Section 57 of the BSA, primary evidence means the document itself produced for the inspection of the court. Where a document is executed in several parts, each part is primary evidence of the document. Where a number of documents are made by one uniform process, like printing or photography, each is primary evidence of the contents of the rest.

Under Section 58 of the BSA, secondary evidence includes certified copies, copies made from the original by a mechanical process, copies compared with the original, counterparts of a document against the party who did not execute them, and an oral account of the contents by a person who has seen the document. This is the home of what people search for as "secondary evidence bsa".

02When secondary evidence may be given

The default rule, in Section 59 of the BSA, is that documents must be proved by primary evidence, that is, by the original. Section 60 then lists the exceptions, the cases in which secondary evidence of a document is allowed.

In plain terms, secondary evidence may be given when, for example:

• the original is in the hands of the opposite party or a person who will not produce it, after proper notice;
• the original is lost or destroyed, or cannot be produced for a reason not due to the party’s own default;
• the original is a public document or one for which a certified copy is allowed;
• the original is of such a kind that it cannot easily be moved.

The original is the rule. A copy is the exception. To use a copy, you must first bring your case within one of the grounds the law allows, and prove it.

Laying this foundation matters in practice. A party who simply files a photocopy, without proving why the original is not available, risks having the document shut out.

03Sections 57 to 60 and old 62 to 65: the mapping

The primary and secondary evidence provisions were renumbered in the BSA, each moving down by five. The surrounding rule on proof of contents, old Section 61, is now Section 56 of the BSA.

If you are searching for "section 65 evidence act in bsa", the answer is Section 60. Note that the electronic records rules that used to sit as Sections 65A and 65B are now Sections 62 and 63 of the BSA, which is a separate scheme from documentary secondary evidence.

04Is there a punishment? Is it cognizable or bailable?

Sections 57 to 60 do not create offences, so they carry no punishment. The words cognizable, bailable, and triable by do not apply to them. They are rules of evidence about how a document is proved.

The offence being tried, or the right being claimed in a civil suit, is dealt with under its own law. These sections only decide whether the original or a copy of a document can be read, and on what conditions.

05What changed from the old law

For anyone trained on Sections 62 to 65, the change is mainly a renumbering, with the definition of secondary evidence written out more fully.

• Same rules, new numbers. Each old section moved down by five, so Section 62 is now Section 57 and Section 65 is now Section 60.
• Secondary evidence spelled out. Section 58 of the BSA lists the kinds of secondary evidence, including oral admissions and the evidence of a person who has examined a document that cannot conveniently be examined in court.
• Electronic records are separate. The old 65A and 65B scheme for electronic records is now Sections 62 and 63, kept apart from documentary secondary evidence.

For the bigger picture, see our overview of the new criminal laws of 2024 and the key changes from the Evidence Act to the BSA. For electronic records, see electronic evidence under Section 63.

06Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Questions about originals, copies and the grounds for secondary evidence under Sections 57 to 60 come up in almost every documentary dispute, and the courts keep refining what foundation a party must lay. This is where Claw helps. You can search 30 crore+ judgments across the Supreme Court and 25 High Courts to see how courts have read Sections 57 to 60 and the old Sections 62 to 65, and you can track live cases and orders across 9,102 courts, benches and forums, all by section, party or advocate name, with results in under 5 seconds.

Create a FREE Claw account to search and track cases under this section by party or advocate name. There is a free plan for individual advocates, with paid plans for teams. To go deeper, see the guide to case search across Indian courts.

07Sources and further reading

• India Code (official text of the Bharatiya Sakshya Adhiniyam, 2023): indiacode.nic.in
• Ministry of Home Affairs (the new criminal laws): mha.gov.in
• Supreme Court of India (judgments): sci.gov.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The new criminal laws are still being interpreted by the courts, so check the current text of the BSA and take advice from counsel before you rely on a provision.

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