Section 57 BSA: Primary Evidence

Section 57 BSA defines primary evidence, explains its application to original documents and electronic records, and provides examples relevant to law students and judiciary examinations.

Introduction

Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) defines primary evidence, which is a fundamental concept in the law of documentary evidence. In general, primary evidence means the document itself produced for the inspection of the court.

The provision also explains how primary evidence applies when documents are executed in several parts, signed in counterparts, produced through a uniform process, or stored in electronic and digital formats. These explanations are particularly important because the BSA expressly addresses multiple electronic files, records produced from proper custody, video recordings and automated storage.

Section 57 must be read with Section 56, which recognises primary and secondary evidence as methods of proving documentary contents, and Section 59, which establishes the general requirement of primary evidence subject to statutory exceptions.

Bare Act: Section 57 of the Bharatiya Sakshya Adhiniyam, 2023

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.

Meaning of Primary Evidence Under Section 57 BSA

Primary evidence refers to the document itself produced for the court’s inspection. It is generally the most direct form of documentary proof because the court can examine the document rather than relying on a copy or another substitute.

For example, if a dispute concerns the terms of a signed sale agreement, producing the original agreement ordinarily provides primary evidence of its contents.

However, the definition is not limited to traditional paper documents. Section 57 contains specific explanations dealing with electronic and digital records. Consequently, it is incorrect to assume that only a physical paper original can ever qualify as primary evidence.

Whether a particular record qualifies as primary evidence depends on the statutory definition, the applicable explanation and the circumstances in which the record is produced.

Essential Elements of Section 57 BSA

1. The document itself is primary evidence

The main rule identifies the document itself, produced for the court’s inspection, as primary evidence.

Example: A produces the original registered sale deed in a property dispute. The original deed may constitute primary evidence of its contents, subject to the other applicable requirements of proof.

Also Read: Section 56 BSA: Proof of Contents of Documents

2. Documents executed in several parts

Where a document is executed in several parts, each part is treated as primary evidence of the document.

Example: An agreement is formally executed in two parts as part of the same transaction. Each part may qualify as primary evidence under Explanation 1.

3. Documents executed in counterparts

Where a document is executed in counterparts, with each counterpart signed by one or some of the parties, each counterpart is primary evidence against the parties who executed it.

Example: A contract is executed in counterparts, with one counterpart signed by A and another signed by B. Each counterpart is primary evidence against the party who executed it, subject to the circumstances and the applicable rules of proof.

4. Documents produced through a uniform process

Explanation 3 distinguishes between documents made through a uniform process and copies made from a common original.

Where multiple documents are independently made through a uniform process, such as printing, lithography or photography, each may be primary evidence of the contents of the others. However, where the documents are merely copies of a common original, they are not primary evidence of the contents of that original.

This distinction is illustrated by the statutory example of placards printed at one time from a single original.

5. Electronic and digital records

Explanations 4 to 7 specifically address electronic and digital records. They recognise primary evidence in circumstances involving multiple files, records produced from proper custody, simultaneously stored video recordings and automated storage locations.

These provisions must be applied according to their precise wording. They do not mean that every screenshot, downloaded copy or electronic file automatically qualifies as primary evidence in every dispute.

Seven Explanations Under Section 57 BSA With Examples

Explanation	Legal principle	Example
Explanation 1	Each part of a document executed in several parts is primary evidence.	A formally executed document consists of multiple parts, each forming part of the executed instrument.
Explanation 2	Each counterpart is primary evidence against the party or parties who executed it.	A signs one counterpart of a contract, while B signs another.
Explanation 3	Documents produced through a uniform process may be primary evidence of one another, but copies of a common original are not primary evidence of that original.	Printed placards made at one time are treated according to the distinction stated in the provision.
Explanation 4	Each file may be primary evidence where an electronic or digital record is created or stored simultaneously or sequentially in multiple files.	An electronic record is stored across multiple files during its creation or storage.
Explanation 5	An electronic or digital record produced from proper custody is primary evidence unless it is disputed.	A record is produced from the custody in which it is properly maintained, subject to any dispute about it.
Explanation 6	Each stored recording may be primary evidence where a video recording is simultaneously stored electronically and transmitted, broadcast or transferred to another.	A video is recorded and simultaneously transmitted or transferred, resulting in stored recordings.
Explanation 7	Each automated storage of an electronic or digital record in multiple storage spaces within a computer resource, including temporary files, is primary evidence.	An electronic record is automatically stored in multiple storage spaces, including temporary files.

Primary Evidence of Electronic and Digital Records

One of the important features of Section 57 BSA is its express treatment of electronic and digital records.

Under the provision, the analysis of primary evidence may involve the manner in which a record was created, stored, maintained or transmitted. The statutory explanations recognise that an electronic record may exist in multiple files or storage spaces rather than in one physical document.

Explanation 4: Multiple files

Where an electronic or digital record is created or stored, and the storage occurs simultaneously or sequentially in multiple files, each such file is primary evidence.

Example: A digital record is generated and stored across multiple files as part of the record-creation process. Explanation 4 addresses the status of each such file.

Explanation 5: Records produced from proper custody

An electronic or digital record produced from proper custody is primary evidence unless it is disputed.

Example: An electronic record is produced from the system in which it is ordinarily and properly maintained. Explanation 5 is relevant to its classification as primary evidence, subject to the statutory qualification where the record is disputed.

Proper custody and the absence of a dispute are important considerations under this explanation. The provision should not be read as automatically resolving every question of authenticity, integrity or admissibility.

Explanation 6: Simultaneously stored video recordings

Where a video recording is simultaneously stored electronically and transmitted, broadcast or transferred to another, each of the stored recordings is primary evidence.

Example: A video recording is stored while it is simultaneously transmitted to another location, where another recording is also stored. Explanation 6 addresses the status of each stored recording.

Explanation 7: Multiple storage spaces and temporary files

Where an electronic or digital record is stored in multiple storage spaces within a computer resource, each such automated storage, including temporary files, is primary evidence.

Example: A computer resource automatically stores an electronic record in multiple storage locations, including temporary files. Explanation 7 expressly addresses these automated storage instances.

Important distinction: Classification as primary evidence under Section 57 does not eliminate other applicable questions about relevance, authenticity, admissibility or the proof required under the BSA’s provisions governing electronic records.

Also Read: Section 54 BSA: Proof of Facts by Oral Evidence

Difference Between Primary Evidence and Secondary Evidence

Primary and secondary evidence are recognised methods of proving documentary contents under Section 56 BSA. Their definitions and the conditions governing their use are addressed by the following provisions.

Basis	Primary evidence	Secondary evidence
Relevant section	Section 57 BSA	Section 58 BSA
General meaning	The document itself produced for court inspection, together with the forms recognised by Section 57	Evidence of documentary contents falling within the categories recognised by Section 58
Typical example	An original signed agreement	A qualifying copy or certified copy
General rule	Ordinarily required under Section 59	Permitted in the circumstances specified by law
Important qualification	Must satisfy the applicable requirements of proof	Must satisfy the statutory requirements governing secondary evidence

A photocopy is not automatically primary evidence merely because it appears identical to an original. Whether a record falls within the statutory definition of primary evidence must be assessed under Section 57 and the applicable circumstances.

Important Case Laws on Primary Evidence

The following Supreme Court decisions were decided under the Indian Evidence Act, 1872, the predecessor legislation. They remain relevant to the corresponding principles, but they should not be described as judgments directly interpreting Section 57 BSA.

1. J. Yashoda v. K. Shobha Rani (2007)

Citation: (2007) 5 SCC 730.

Court: Supreme Court of India.

Legal principle: The Supreme Court considered the requirements for producing secondary evidence of documents. It explained that secondary evidence cannot be accepted merely because a party produces a copy. The party must satisfy the applicable statutory conditions for using secondary evidence, including accounting for the non-production of the original in the manner required by law.

Relevance to Section 57 BSA: The decision helps explain why the legal distinction between primary and secondary evidence matters. It should be read alongside Sections 58, 59 and 60 BSA when determining whether a copy may be used instead of the original.

2. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)

Citation: (2020) 7 SCC 1.

Court: Supreme Court of India.

Legal principle: The Supreme Court considered the admissibility of electronic records under Sections 65A and 65B of the former Indian Evidence Act. It reaffirmed the statutory requirements governing computer outputs and explained the distinction between an original electronic record and copies produced from it under the former legal framework.

Relevance to Section 57 BSA: The judgment is useful for understanding the difference between an original electronic record and an electronic copy. However, its specific holdings concerned the former Evidence Act and its certificate requirements. The admissibility of electronic evidence under the BSA must be assessed under the applicable provisions of the new Act, including Sections 61 and 63.

Difference Between Section 57 BSA and Section 62 of the Indian Evidence Act, 1872

Section 57 BSA corresponds to Section 62 of the Indian Evidence Act, 1872.

Basis	Section 57 BSA	Section 62 Indian Evidence Act
Subject	Primary evidence	Primary evidence
Basic definition	Document itself produced for court inspection	Document itself produced for court inspection
Multiple parts and counterparts	Addressed in Explanations 1 and 2	Addressed in the former provision
Uniformly produced documents	Addressed in Explanation 3	Addressed in the former provision
Electronic and digital records	Specifically addressed in Explanations 4 to 7	Operated within the former Act’s framework for documentary and electronic evidence
Current application	Relevant under the BSA where applicable	Relevant to proceedings governed by the former law under the applicable savings rules

The BSA expressly includes detailed explanations addressing electronic and digital records. This makes it particularly important for students to study the precise wording of Section 57 rather than relying exclusively on notes prepared under Section 62 of the former Act.

Related Provisions of the Bharatiya Sakshya Adhiniyam, 2023

• Section 56: Proof of contents of documents.
• Section 57: Primary evidence.
• Section 58: Secondary evidence.
• Section 59: Proof of documents by primary evidence.
• Section 60: Cases in which secondary evidence relating to documents may be given.
• Section 61: Electronic or digital record.
• Section 62: Special provisions as to evidence relating to electronic records.
• Section 63: Admissibility of electronic records.

These provisions should be read together when determining whether a document or electronic record qualifies as primary evidence and whether the evidence satisfies the other applicable statutory requirements.

Important Points for Law Students and Judiciary Aspirants

• Section 57 BSA defines primary evidence.
• It corresponds to Section 62 of the Indian Evidence Act, 1872.
• Primary evidence generally means the document itself produced for the court’s inspection.
• Explanation 1 deals with documents executed in several parts.
• Explanation 2 deals with documents executed in counterparts.
• Explanation 3 distinguishes documents made through a uniform process from copies of a common original.
• Explanations 4 to 7 specifically address electronic and digital records.
• The statutory illustration concerns placards printed at one time from one original.
• Section 59 establishes the general rule that documents must be proved by primary evidence, subject to the exceptions provided by law.
• A photocopy or electronic copy does not automatically qualify as primary evidence in every case.
• J. Yashoda v. K. Shobha Rani is relevant to the conditions governing secondary evidence.
• Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal is important for understanding electronic evidence under the former Evidence Act, although the BSA’s own provisions must be applied to proceedings governed by the new legislation.

Frequently Asked Questions (FAQs)

1. What is primary evidence under Section 57 BSA?

Primary evidence means the document itself produced for the inspection of the court. Section 57 also specifies circumstances in which particular parts, counterparts, uniformly produced documents and electronic or digital records qualify as primary evidence.

2. Which section of the Indian Evidence Act corresponds to Section 57 BSA?

Section 57 BSA corresponds to Section 62 of the Indian Evidence Act, 1872.

3. Is a photocopy primary evidence?

A photocopy is not automatically primary evidence of the contents of the original. Its legal status depends on the applicable provisions and circumstances. It may qualify as secondary evidence where the statutory requirements are satisfied.

4. What is the difference between primary evidence and secondary evidence?

Primary evidence is defined by Section 57 BSA, while Section 58 defines secondary evidence. Section 59 establishes the general rule requiring primary evidence, and Section 60 specifies circumstances in which secondary evidence may be given.

5. Can an electronic record be primary evidence under Section 57 BSA?

Yes. Explanations 4 to 7 expressly address electronic and digital records, including records stored in multiple files, records produced from proper custody, simultaneously stored video recordings and automated storage in multiple locations.

6. Does an electronic record from proper custody automatically become admissible?

Not necessarily. Explanation 5 addresses when an electronic or digital record is primary evidence, but other questions, including relevance, authenticity and the applicable statutory requirements for admissibility, must still be considered.

7. Which case laws are important for primary evidence?

J. Yashoda v. K. Shobha Rani, (2007) 5 SCC 730, explains the requirements for secondary evidence. Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1, is important for understanding electronic evidence under the former Evidence Act.

Conclusion

Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 defines primary evidence and explains how the concept applies to documents executed in parts or counterparts, documents produced through a uniform process, and electronic and digital records. Its seven explanations are important for understanding the scope of primary evidence under the BSA. For examinations, remember the basic definition, the distinction between uniformly produced documents and copies of a common original, and the specific rules governing electronic records.