Indian Evidence Act, 1872
IEA Section 63 in BSA
Secondary evidence. Section 63 of the Indian Evidence Act, 1872 (Secondary evidence) corresponds to Section 58 of the Bharatiya Sakshya Adhiniyam, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Under the BSA, admissibility of electronic records is governed by:
Answer & explanation
Section 63
BSA Section 63 corresponds to IEA Section 65B and prescribes the certificate requirement. Section 61 clarifies that an electronic record shall not be denied admissibility merely on the ground that it is electronic.
Anvar P.V. v. P.K. Basheer (2014) and Arjun Panditrao Khotkar (2020) dealt with:
Answer & explanation
The mandatory nature of the certificate for electronic evidence
Arjun Panditrao confirmed that the certificate is a mandatory condition precedent to admissibility of secondary electronic evidence, clarifying the position after conflicting decisions.
Electronic records are admissible on production of a certificate under:
Answer & explanation
Section 63(4) BSA, which is mandatory for secondary electronic evidence
The successor to § 65B(4) IEA. Anvar P.V. and Arjun Panditrao remain the governing authorities.
Sections either side of it
How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:
| IEA | Provision | BSA |
|---|---|---|
| 60 | Oral evidence must be direct | 55 |
| 61 | Proof of contents of documents | 56 |
| 62 | Primary evidence | 57 |
| 64 | Proof of documents by primary evidence | 59 |
| 65 | Cases in which secondary evidence relating to documents may be given | 60 |
| 65A | Special provisions as to evidence relating to electronic record | 61 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IEA→BSA table