Bharatiya Sakshya Adhiniyam, 2023

BSA Section 57

Primary evidence

In one line

BSA Section 57 deals with primary evidence and replaces Evidence Act 62.

Bare act text — BSA 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 changed from the Evidence Act

  • Evidence Act 62 → BSA 57: 4 new explanations are added.

Frequently asked

What was BSA Section 57 in the Evidence Act?

BSA Section 57 (Primary evidence) replaces Section 62 of the Indian Evidence Act, 1872. Evidence Act 62 is now BSA 57.

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