Evidence
Also called: Oral evidence, Documentary evidence
Under Section 2(1)(e) of the BSA, statements of witnesses before the Court, including those given electronically (oral evidence), and documents, including digital records, produced for its inspection (documentary evidence).
Explained
Section 2(1)(e) of the BSA states that evidence means and includes (i) all statements, including statements given electronically, which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry, called oral evidence; and (ii) all documents, including electronic or digital records, produced for the inspection of the Court, called documentary evidence. Earlier the definition was in Section 3 of the Indian Evidence Act, 1872. The express reference to statements given electronically and to digital records is new, though the Supreme Court had already read evidence to include electronic records and evidence recorded by video conferencing.
The definition is narrow in one sense. It covers only the means of proof placed before the Court, namely oral statements and documents. Material objects and the Court's own local inspection are not within the two named categories, though they are used in practice. Section 3 of the BSA then limits what may be proved: evidence may be given only of facts in issue and of facts declared relevant, and of no others.
Oral evidence must be direct under Section 55, and all facts except the contents of documents may be proved by oral evidence under Section 54. Documentary evidence is proved by primary evidence, the document itself (Section 57), or in the cases allowed by Section 60 by secondary evidence (Section 58). For electronic records, Section 61 says admissibility cannot be denied merely because a record is electronic, but secondary electronic evidence must satisfy Section 63, including the certificate under Section 63(4), which replaces Section 65B of the Evidence Act.
Examiners frequently ask the two categories and their names, the new references to electronic statements and digital records, and the certificate requirement for computer output.
What the law says
(e) “evidence” means and includes—
(i) all statements including statements given electronically which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and such statements are called oral evidence;
(ii) all documents including electronic or digital records produced for the inspection of the Court and such documents are called documentary evidence;
Clause (1)(e) defines evidence, oral and documentary
Earlier law: IEA 3. Interpretation-clause. 4. ― May Presume. ―Shall presume. ―Conclusive proof.
Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.
Explanation.—This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure.
Illustrations.
Evidence only of facts in issue and relevant facts
Earlier law: IEA 5. Evidence may be given of facts in issue and relevant facts.
Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document.
Electronic records not inadmissible merely for being electronic
Earlier law: IEA New Section
(1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—
(a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or Communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device;
Conditions and certificate for admissibility of electronic records
Earlier law: IEA 65B. Admissibility of electronic records.
Earlier law: Section 3, Evidence Act
For the exam
- Section 2(1)(e) BSA; earlier Section 3 of the Evidence Act, 1872.
- Two kinds: oral evidence (statements of witnesses) and documentary evidence (documents produced).
- Statements given electronically and digital records are now expressly included.
- Evidence may be given only of facts in issue and relevant facts (Section 3 BSA).
- Secondary electronic evidence needs the Section 63(4) certificate, earlier Section 65B(4).
3,376 questions in the Law Maker question bank use this term. Practise Bharatiya Sakshya Adhiniyam questions
Judgments
- State of Maharashtra v. Dr. Praful B. Desai (2003)Evidence in a criminal trial may be recorded by video conferencing; so long as the accused or his pleader is present, it is evidence taken in the presence of the accused under Section 273 CrPC.
- Anvar P.V. v. P.K. Basheer (2014)Secondary evidence of an electronic record is admissible only with a certificate under Section 65B(4) of the Evidence Act; Navjot Sandhu was overruled on this point, and the election petition based on uncertified CDs failed.
- Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)A certificate under Section 65B(4), Evidence Act is a condition precedent to admitting secondary evidence of an electronic record; Anvar P.V. was affirmed as clarified, and Shafhi Mohammad and Tomaso Bruno were held not to state the law correctly.
Related terms
- FactAnything, state of things or relation of things capable of being perceived by the senses, and any mental condition of which a person is conscious (Section 2(1)(f) of the BSA).
- Facts in issueFacts from which, alone or with other facts, the existence, non-existence, nature or extent of a right, liability or disability asserted or denied in a suit or proceeding necessarily follows (Section 2(1)(g) of the BSA).
- DocumentAny matter expressed, described or recorded on any substance by letters, figures, marks or other means, intended or usable to record or prove that matter, and including electronic and digital records.
- Electronic recordData, a record or data generated, an image or sound stored, received or sent in electronic form, or micro film or computer generated micro fiche (Section 2(1)(t) of the IT Act).
- Conclusive proofWhere the Adhiniyam declares one fact to be conclusive proof of another, the Court, on proof of the first, must treat the other as proved and cannot allow evidence to disprove it. Section 2(1)(b) of the BSA.
- CourtUnder the BNS, a Judge or body of Judges empowered to act judicially, when so acting (Section 2(5)); under the BSA, all Judges, Magistrates and persons, except arbitrators, legally authorised to take evidence (Section 2(1)(a)).
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.