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PART III ON PROOF · CHAPTER V OF DOCUMENTARY EVIDENCE

Section 57: Primary evidence

The Bharatiya Sakshya Adhiniyam, 2023

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.

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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

Questions on this section

7 questions in 23 of our papers cite Section 57. Try these from the free papers:

  1. 1. Z is found in possession of fifty identical posters, all printed at one time from one original design. In a prosecution relating to the content of the posters, any one of these posters is:

  2. 2. Under Section 57 of the BSA, where a document is executed in several parts:

  3. 3. Under Explanation 5 to Section 57 of the Bharatiya Sakshya Adhiniyam, 2023, an electronic or digital record produced from proper custody is

Practise questions on Bharatiya Sakshya Adhiniyam