Bharatiya Sakshya Adhiniyam, 2023  >  Section 57

Section 57 BSA 2023: Primary Evidence

Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) defines primary evidence. The basic rule is that the document itself, when produced for the inspection of the Court, is primary evidence. The section also expressly explains how the rule applies to counterparts, documents created by a uniform process, and electronic or digital records.

Act: The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023)

Chapter: Chapter V - Of Documentary Evidence

Section: 57 - Primary evidence

In force from: 1 July 2024

Meaning of Primary Evidence under Section 57

57. Primary evidence. 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.

What Section 57 Means in Practice

Primary evidence is ordinarily the original documentary material presented to the Court. Section 57 goes further by recognising that an "original" need not always exist as a single physical sheet. In particular, electronic and digital records may be created, stored, transmitted or automatically retained in more than one location or file.

  • Original document: The document itself produced for the Court's inspection is primary evidence.
  • Several parts: If a document is executed in several parts, each executed part is primary evidence.
  • Counterparts: A counterpart is primary evidence against the party or parties who executed that counterpart.
  • Uniform process: Items produced through the same printing, lithographic or photographic process may each be primary evidence of the contents of the others, subject to the statutory distinction concerning copies of a common original.
  • Multiple digital files: Where an electronic or digital record is created or stored across multiple files simultaneously or sequentially, each such file is treated as primary evidence.
  • Proper custody: An electronic or digital record produced from proper custody is primary evidence unless disputed.
  • Video records: Where a recording is simultaneously stored and transmitted, broadcast or transferred, each stored recording is primary evidence.
  • Computer storage: Automated storage across multiple storage spaces, including temporary files, can constitute primary evidence.

Electronic and Digital Records under the BSA

The BSA expressly includes electronic and digital records within the statutory concept of a "document". Examples in the Act include emails, server logs, computer or smartphone documents, messages, websites, locational evidence and voice-mail messages stored on digital devices.

Section 57 should therefore be read with the neighbouring provisions governing documentary and electronic evidence. Section 56 states that the contents of documents may be proved by primary or secondary evidence. Section 58 defines secondary evidence, while Section 59 provides the general rule that documents shall be proved by primary evidence except in the cases subsequently provided.

Important: Classification of a record as primary evidence does not by itself decide every question of admissibility, authenticity, proof, relevance or evidentiary weight. Electronic records are also governed by the BSA provisions specifically dealing with electronic and digital evidence.

Primary Evidence and Secondary Evidence

Section 57 identifies what amounts to primary evidence. By contrast, Section 58 BSA describes secondary evidence. The circumstances in which secondary evidence of a document may be given are dealt with in Section 60 BSA. The distinction is important because Section 59 adopts primary evidence as the normal mode of proving documents, subject to the statutory exceptions.

Official Legal Sources

For the authoritative text and current statutory status, refer to the official India Code and Ministry of Home Affairs resources linked in the sidebar. The BSA is Act No. 47 of 2023 and was brought into force on 1 July 2024.

Last reviewed: 13 September 2026.