Section 64 IEA: Proof of documents by primary evidence

Indian Evidence Act, 1872

Section 64 IEA at a Glance

Section 64 IEA deals with proof of documents by primary evidence. From 1 July 2024 it is replaced by Section 59 BSA.

Now BSA

Section 64 IEA Bare Act Text

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

Source: Section 64, Indian Evidence Act, 1872

Section 64 IEA in Simple Words

Section 64 of the Indian Evidence Act, 1872 sets the mandatory rule for how a party has to prove a document in court. When a party relies on a document, that party has to prove the document by using primary evidence.

The rule under Section 64 IEA is mandatory and applies whenever a document is sought to be proved in a court proceeding. A party cannot prove a document in another manner unless the matter falls within the specific exceptions set out later in the Act.

When Section 64 IEA Applies

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

Example of Section 64 IEA

In 2023, Priya seeks to prove a written sale agreement during a civil trial in Bhopal. The dispute over the document does not fall within any of the exceptions listed later in the Act. Under Section 64 IEA, Priya has to prove the written sale agreement by primary evidence.

When Section 64 IEA Does Not Apply

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

Section 64 IEA in the BSA

Section 64 IEA is now covered under Section 59 BSA.

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 detailed comparison (IEA 64 vs BSA 59) →

FAQs on Section 64 IEA

What is Section 64 IEA?▼

Section 64 of the Indian Evidence Act, 1872 states the rule that documents have to be proved in court by primary evidence. This rule applies to all documents except in the cases set out later in the Act.

Does Section 64 IEA require primary evidence for every document without exception?▼

No. Section 64 IEA requires primary evidence to prove documents, but it expressly excludes the cases mentioned later in the Act.

What is Section 64 IEA in BSA?▼

Section 59 BSA. 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, Indian Evidence Act, 1872 ·