BSA Section 57: Primary evidence
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 5: Of Documentary Evidence
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57. Primary evidence means the document itself produced for the inspection of the Court.
Explanation 1.\u2014Where a document is executed in several parts, each part is primary evidence of the document.
Explanation 2.\u2014Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.
Explanation 3.\u2014Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original.
Explanation 4.\u2014Where an electronic or digital record is created or stored, and such storage occurs simultaneously or sequentially in multiple files, each such file is primary evidence.
Explanation 5.\u2014Where an electronic or digital record is produced from proper custody, such electronic and digital record is primary evidence unless it is disputed.
Explanation 6.\u2014Where a video recording is simultaneously stored in electronic form and transmitted or broadcast or transferred to another, each of the stored recordings is primary evidence.
Explanation 7.\u2014Where an electronic or digital record is stored in multiple storage spaces in a computer resource, each such automated storage, including temporary files, is primary evidence.
Illustration.
A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 56. Proof of contents of documents
- 58. Secondary evidence
- 59. Proof of documents by primary evidence
- 60. Cases in which secondary evidence relating to documents may be given
- 61. Electronic or digital record
- 62. Special provisions as to evidence relating to electronic record
- 63. Admissibility of electronic records
- 64. Rules as to notice to produce
- 65. Proof of signature and handwriting of person alleged to have signed or written document produced
- 66. Proof as to electronic signature
- 67. Proof of execution of document required by law to be attested
- 68. Proof where no attesting witness found
- 69. Admission of execution by party to attested document
- 70. Proof when attesting witness denies execution
- 71. Proof of document not required by law to be attested
- 72. Comparison of signature, writing or seal with others admitted or proved
- 73. Proof as to verification of digital signature
- 74. Public and private documents
- 75. Certified copies of public documents
- 76. Proof of documents by production of certified copies
- 77. Proof of other official documents
- 78. Presumption as to genuineness of certified copies
- 79. Presumption as to documents produced as record of evidence, etc
- 80. Presumption as to Gazettes, newspapers, and other documents
- 81. Presumption as to Gazettes in electronic or digital record
- 82. Presumption as to maps or plans made by authority of Government
- 83. Presumption as to collections of laws and reports of decisions
- 84. Presumption as to powers-of-attorney
- 85. Presumption as to electronic agreements
- 86. Presumption as to electronic records and electronic signatures
- 87. Presumption as to Electronic Signature Certificates
- 88. Presumption as to certified copies of foreign judicial records
- 89. Presumption as to books, maps and charts
- 90. Presumption as to electronic messages
- 91. Presumption as to due execution, etc., of documents not produced
- 92. Presumption as to documents thirty years old
- 93. Presumption as to electronic records five years old