Section 59 BSA: Proof of documents by primary evidence

Bharatiya Sakshya Adhiniyam, 2023

Section 59 BSA at a Glance

Section 59 BSA deals with proof of documents by primary evidence. It replaced Section 64 IEA on 1 July 2024.

Was IEA

Section 59 BSA Bare Act Text

59. Proof of documents by primary evidence
Documents shall be proved by primary evidence except in the cases hereinafter mentioned.

Source: Section 59, Bharatiya Sakshya Adhiniyam, 2023

Section 59 BSA in Simple Words

Section 59 of the Bharatiya Sakshya Adhiniyam, 2023 sets the mandatory rule for how a party has to prove a document in court. Whenever a party seeks to prove a document, that party must prove the document through primary evidence.

The requirement under Section 59 BSA is mandatory and applies whenever a party offers a document for proof in a court proceeding. A party cannot prove a document by another method unless the case falls within the specific exceptions listed later in the Adhiniyam.

When Section 59 BSA Applies

A party seeks to prove a document in a court proceeding.
The party must prove the document by using primary evidence when the matter does not fall under a later exception in the Adhiniyam.

Example of Section 59 BSA

In September 2024, Ramesh seeks to prove a written lease deed in a property dispute in Chennai. The case does not fall within any of the exceptions set out later in the Adhiniyam. Under Section 59 BSA, Ramesh must prove the written lease deed by primary evidence.

When Section 59 BSA Does Not Apply

The requirement to prove a document by primary evidence does not apply in the excepted cases set out later in the Adhiniyam.

Section 59 BSA in the IEA (Previous Law)

Section 59 BSA replaces Section 64 IEA from the old criminal code.

Section 64 of the Indian Evidence Act, 1872 became Section 59 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Must" reads "shall".

View IEA Section 64 →Compare IEA 64 vs BSA 59 →

FAQs on Section 59 BSA

What is Section 59 BSA?▼

Section 59 of the Bharatiya Sakshya Adhiniyam, 2023 requires documents to be proved in court by primary evidence. This requirement applies unless the matter falls within the exceptions mentioned later in the Adhiniyam.

Are there exceptions to the primary evidence rule in Section 59 BSA?▼

Yes. Section 59 BSA states that documents have to be proved by primary evidence except in the specific cases mentioned later in the Adhiniyam.

What is Section 59 BSA in IEA?▼

Section 64 IEA. Section 64 IEA became Section 59 BSA on 1 July 2024 with no substantive change to the rule.

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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 ·