Introduction
The Bharatiya Sakshya Adhiniyam, 2023 (BSA) superseded the old Indian Evidence Act of 1872. An important a part of this regulation is Section 60, and is the reason situations in which replacement proof can be shown in court.
Usually, courts prefer to see the original report, called number one proof. However, the unique might be absent, broken, or held with the aid of a person who may not produce it. In those situations, the regulation permits substitute proof—which include a copy, a written acknowledgement, or a precis—to be offered, situation to unique guidelines.
This article simplifies Section 60, providing actual-international examples, addressing often asked questions, and emphasizing its significance for all of us worried in a criminal case.
What is Substitute Evidence?
Substitute evidence encompasses any form of proof aside from the original file, however that helps set up the report’s contents, life, or situation. This can include:
- A photocopy or a scanned version
- A written acknowledgement of the file’s contents
- A licensed reproduction of a public document
- A precis or evaluation of more than one files by means of an professional
However, not all substitute proof is mechanically authorized in court docket. BSA Section 60 lists the unique situations wherein this form of evidence is authorized.
Situations Where Substitute Evidence is Permitted Under Section 60
Let’s explore each scenario from the regulation, one after the other, with simple examples.
1. When the unique is with the opposing birthday party or inaccessible
If the authentic document is inside the ownership of the individual against whom it’s getting used, and they do not produce it after being given a felony note (beneath Section 64), then alternative evidence may be given.
This also applies when the original is with a person outside the courtroom’s jurisdiction or someone legally obligated however fails to supply it.
Example: Suppose you are in a case towards someone, and they have the original settlement. You legally request them to deliver it to court docket, however they do not. You can now gift a photocopy or a scanned model as replacement proof.
2. When the report’s contents are acknowledged in writing
If the person you’re opposing, or their felony consultant, admits in writing that the record exists and what it says, you could use that written admission as alternative evidence.
Example: In a WhatsApp message or an email, a person writes, “As according to our signed settlement, I owe you ₹50,000.” Even if the original contract is not to be had, this written acknowledgement may be used to prove its contents.
3. When the unique is destroyed or lost
If the unique record is destroyed in a hearth, flood, or different twist of fate—or actually is going missing—and you can display it wasn’t your fault, then alternative proof can be used.
Example: If a shop is damaged in a hearth, and commercial enterprise documents are lost, the owner can use stored virtual copies or photocopies to prove their contents in court docket.
4. When the original is difficult to transport
Sometimes the original report is not something that can be effortlessly brought to court because of its size, weight, or area.
Example: A legal dispute includes a will engraved on a stone plaque inner an vintage constructing. Since it may’t be moved, a clear picture or licensed replica is probably supplied as alternative proof.
5. When the original is a public record
If the original is a government file like a birth certificate, a land file, or a courtroom order, the court docket will take delivery of certified copies as substitute proof.
Example: A licensed copy of a municipal land document may be submitted in vicinity of the unique report from the facts office.
6. When a licensed replica is legally permitted
Some laws permit positive files to be proven with their certified copies as opposed to originals.
Example: A certified replica of a registered sale deed or marriage certificates can be used in courtroom without having to show the actual authentic record.
7. When there are too many documents to offer
If the authentic is composed of severa files, including financial information, and supplying all of them in court docket is impractical, a summary organized via a certified expert can be submitted.
Example: In a tax fraud case, a chartered accountant can overview heaps of transactions and present a precis to the court. This summary is considered replacement proof.
Types of Substitute Evidence Allowed for Each Situation
The regulation additionally specifies the forms of alternative proof allowed in every scenario.
- In instances in which the report is misplaced, destroyed, with someone else, or can’t be moved (clauses a, c, and d), any type of replacement evidence can be used, like copies, scanned variations, and many others.
- In the case of a written acknowledgement (clause b), only the written admission itself is authorized.
- For public documents or when licensed copies are legally popular (clauses e and f), best certified copies are allowed.
- When managing a couple of documents (clause g), simplest summaries prepared by means of a qualified character are accredited.
This ensures that substitute proof isn’t misused and is most effective ordinary in legitimate occasions.
Commonly Asked Questions About Section 60
Can I use a photocopy if the unique document is lost?
Yes, if you can prove the file was misplaced because of motives beyond your manage and no longer your negligence, you could post a photocopy.
What if the opposite man or woman refuses to deliver the original document to courtroom?
If you have served them right felony be aware (as in keeping with Section 64) and that they nonetheless don’t bring it, you can put up substitute evidence.
Can a WhatsApp message or electronic mail be used as written acknowledgement?
Yes, if it actually mentions and acknowledges the report and its phrases, it is able to be used as valid alternative evidence below clause (b).
Can I post scanned digital files as proof?
Yes, in instances wherein the unique is destroyed, lost, or with someone else who refuses to carry it, scanned files can be submitted as long as they are demonstrated and regularly occurring by way of the court.
Can I gift my own precis of files in court docket?
No, summaries of more than one files should be organized by using a person certified and skilled in analyzing such files, like an accountant or a document expert.
Why Section 60 Matters Today
In state-of-the-art global, files are regularly saved digitally, despatched through email, or stored in multiple locations. Sometimes, the unique report receives lost or broken. Section 60 of the BSA permits people to show their case even when the authentic paper isn’t always to be had.
This phase allows:
- Save time in courtroom proceedings
- Provide truthful chances to people who lost files for authentic reasons
- Utilize virtual proof and licensed copies
- Reduce pointless delays because of rigid guidelines
By absolutely declaring while substitute evidence can be used, the regulation guarantees justice isn’t blocked without a doubt due to the fact paperwork is lacking.
Also read: Understanding the Role of a Money Laundering Lawyer
Conclusion
BSA Section 60 is a practical and important legal provision that allows courts to just accept alternative evidence in particular situations. It acknowledges that original files aren’t always available and offers people a honest opportunity to prove their case using credible and appropriate options.
Understanding while and how to make use of substitute evidence can significantly impact both civil and crook instances. For college students, lawyers, or absolutely everyone handling a prison trouble, knowing the scope and obstacles of alternative evidence beneath Section 60 is essential.
This phase provides flexibility to the criminal machine and guarantees that fact can still be presented—even if the authentic files are inaccessible.
- BSA Section 60 – When Secondary Evidence of Documents Is Allowed Under Bharatiya Sakshya Adhiniyam 2023
- Understand BSA Section 60 of the Bharatiya Sakshya Adhiniyam, 2023, which explains the legal grounds for admitting secondary evidence in Indian courts. Learn with real-life examples, legal clauses, and expert analysis.
- BSA Section 60, Secondary Evidence in BSA, Bharatiya Sakshya Adhiniyam 2023, secondary evidence Indian law, admissibility of secondary evidence, legal evidence rules India, proof of documents law, BSA 2023 documentary evidence
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