Section 57 BSA: Primary evidence

Bharatiya Sakshya Adhiniyam, 2023

Section 57 BSA at a Glance

Section 57 BSA deals with primary evidence. It replaced Section 62 IEA on 1 July 2024.

Was IEA

Section 62 →

Section 57 BSA Bare Act Text

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.

Source: Section 57, Bharatiya Sakshya Adhiniyam, 2023

Section 57 BSA in Simple Words

Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 defines primary evidence from 1 July 2024. Primary evidence means the original document itself when brought before the court for inspection.

When a document has several executed parts, every part counts as primary evidence of that document. When a document is executed in counterpart, with each copy signed by only one or some parties, each counterpart is primary evidence against the parties who signed that copy.

If documents are made by one uniform process such as printing, lithography, or photography, each is primary evidence of what the others contain, like placards printed together. However, if those documents are copies made from a common original, none is primary evidence of what that original contains.

The Adhiniyam also sets rules for electronic and digital records. When a record is saved in multiple files either simultaneously or sequentially, every file counts as primary evidence. A record brought from proper custody is primary evidence unless disputed. When a video recording is stored electronically while being transmitted, broadcast, or transferred, each stored recording is primary evidence. When a computer resource holds a record in multiple storage spaces, each automated storage space, including any temporary files, counts as primary evidence.

When Section 57 BSA Applies

  • Applies when the original document itself is brought before the court for inspection.
  • Treats each part of a multi-part document as primary evidence, and each counterpart as primary evidence against the parties who signed that copy.
  • Treats each document made by one uniform process as primary evidence of what the remaining documents contain.
  • Treats each file as primary evidence when digital or electronic records are saved in multiple files or across computer storage spaces, including temporary files.
  • Treats digital or electronic records brought from proper custody unless disputed, and each stored video recording that is simultaneously transmitted or broadcast, as primary evidence.

Example of Section 57 BSA

In October 2024, Ramesh records a warehouse inspection in Chennai on video. The system stores the video recording in electronic form while simultaneously transmitting the video to Priya. During a court case in Chennai over the inspection, Priya produces that stored video recording. Under Section 57 BSA, every stored recording counts as primary evidence of the video recording.

When Section 57 BSA Does Not Apply

  • Digital or electronic records brought from proper custody do not count as primary evidence under Explanation 5 if disputed.
  • Documents made by one uniform process from a common original do not count as primary evidence of what that original contains.
  • A counterpart signed by only one or some parties counts as primary evidence only against the parties who signed that copy.

Section 57 BSA in the IEA (Previous Law)

Section 57 BSA replaces Section 62 IEA from the old criminal code.

Section 62 of the Indian Evidence Act, 1872 became Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Explanations 4 to 7 are new and cover electronic and digital records: multiple files, records from proper custody, video recordings stored and transmitted at once, and automated storage including temporary files. A record from proper custody is primary evidence "unless it is disputed".

FAQs on Section 57 BSA

What is Section 57 BSA?▼

Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 defines primary evidence. It states that primary evidence is the document itself when brought for court inspection, and sets rules for parts, counterparts, documents made by one uniform process, and electronic or digital records.

Is an electronic record produced from proper custody always primary evidence under Section 57 BSA?▼

No. Under Explanation 5 to Section 57 BSA, a digital or electronic record brought from proper custody is primary evidence unless disputed.

Do temporary files count as primary evidence under Section 57 BSA?▼

Yes. Under Explanation 7 to Section 57 BSA, when a computer resource holds a digital or electronic record in multiple storage spaces, each automated storage space, including temporary files, counts as primary evidence.

What is Section 57 BSA in IEA?▼

Section 62 IEA. Section 62 IEA became Section 57 BSA on 1 July 2024, and Explanations 4 to 7 were added in the Adhiniyam to cover electronic and digital records.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·