Indian Evidence Act, 1872
IEA Section 65 in BSA
Cases in which secondary evidence relating to documents may be given. Section 65 of the Indian Evidence Act, 1872 (Cases in which secondary evidence relating to documents may be given) corresponds to Section 60 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
Oral evidence must in all cases be:
Answer & explanation
Direct, from the person who perceived the fact by that sense
BSA Section 55 corresponds to IEA Section 60. The witness must have perceived the fact by the sense by which it is capable of being perceived; hearsay is excluded subject to recognised exceptions.
Secondary evidence of the contents of a document may be given when:
Answer & explanation
Where the original is lost, destroyed, or withheld after notice
BSA Sections 58 to 60 correspond to IEA Sections 63 to 65. The party must first lay the foundation by proving the circumstances entitling him to lead secondary evidence.
Sections either side of it
How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:
| IEA | Provision | BSA |
|---|---|---|
| 62 | Primary evidence | 57 |
| 63 | Secondary evidence | 58 |
| 64 | Proof of documents by primary evidence | 59 |
| 65A | Special provisions as to evidence relating to electronic record | 61 |
| 65B | Admissibility of electronic records | 63 |
| 67 | Proof of signature and handwriting of person alleged to have signed | 64 |
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