Section 59 BSA 2023: Proof of Documents by Primary Evidence

Section 59 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the general rule for proving documents: a document is ordinarily to be proved by primary evidence, except where the Adhiniyam permits secondary evidence.

Section 59 - Proof of documents by primary evidence

Documents shall be proved by primary evidence except in the cases hereinafter mentioned.

Meaning of Section 59

Section 59 establishes the basic evidentiary rule for documentary proof. The starting point is the original or other form of primary evidence recognised by the Bharatiya Sakshya Adhiniyam, 2023. Secondary evidence is not the ordinary mode of proof and may be relied upon only when the statutory conditions permitting it are satisfied.

What is primary evidence?

Primary evidence is dealt with in Section 57 of the Bharatiya Sakshya Adhiniyam, 2023. Section 59 should therefore be read together with Section 57 when determining what constitutes primary evidence in a particular case.

Relationship with secondary evidence

Section 58 describes secondary evidence, while Section 60 specifies the cases in which secondary evidence relating to documents may be given. Accordingly, Section 59 states the general rule and Section 60 provides the principal statutory exceptions.

Practical effect of Section 59

  • The normal rule is proof of a document by primary evidence.
  • A party relying on secondary evidence must bring the case within an applicable statutory exception.
  • The provisions concerning primary evidence, secondary evidence, and the circumstances permitting secondary evidence should be read together.
  • Electronic and digital records must be considered in light of the specific provisions of the BSA governing documentary and electronic evidence.

Statutory context

The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. It consolidates and provides general rules and principles of evidence for fair trial. The Central Government brought the Adhiniyam into force on 1 July 2024.

Note: This page explains the statutory provision in general terms. The admissibility and mode of proof of a particular document depend on the facts, the nature of the record, and the applicable provisions of the Bharatiya Sakshya Adhiniyam, 2023.

Related provisions

For the surrounding scheme of documentary evidence, see Section 56 - Proof of contents of documents, Section 57 - Primary evidence, Section 58 - Secondary evidence, and Section 60 - Cases in which secondary evidence relating to documents may be given.