Section 57 Bharatiya Sakshya Adhiniyam, 2023: Primary evidence

Section 57 of Bharatiya Sakshya Adhiniyam, 2023: Primary evidence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Primary evidence means the document itself produced for the inspection of the Court.

Explanation 1. — —Where a document is executed in several parts, each part is primary evidence of the document.

Explanation 2. — —Where 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. — —Where 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. — —Where 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. — —Where an electronic or digital record is produced from proper custody, such electronic and digital record is primary evidence unless it is disputed.

Explanation 6. — —Where 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. — —Where 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.

Illustrations

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Document Sec 2(1)(b) Evidence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 57

Section 57 defines Primary Evidence as the document itself produced for the inspection of the Court, establishing the Best Evidence Rule.

Penal Consequences & Liability: Section 57 (formerly Section 62 IEA) defines primary evidence as the original document itself produced for the inspection of the Court.
Evidentiary Proof & Admissibility: Explanation 1 provides that where a document is executed in several parts, each part is primary evidence; where executed in counterpart, each counterpart executed by a party is primary evidence against that party.

Explanation 2 provides that where a number of documents are all made by one uniform process, as in 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 original.

Key Landmark Precedents:

J. Yashoda v. K. Shobha Rani (2007) 5 SCC 730: Held that primary evidence is the highest class of evidence, and secondary evidence of a document can only be led after strictly establishing the foundational grounds for the non-production of the original under Section 65.
Prithi Chand v. State of H.P. (1989) 1 SCC 432: Analyzed carbon copies executed by a single uniform mechanical process as primary evidence under Explanation 2.

Legal Commentary:

Section 57 embodies the common-law 'Best Evidence Rule'. The original document ensures authenticity, enables physical forensic inspection of ink, paper age, and signatures, and eliminates risks of photocopying manipulations.