Section 56 – Bharatiya Sakshya Adhiniyam (BSA) – Proof Of Contents Of Documents.

Code: Section 56 BSA

The contents of documents may be proved either by primary or by secondary evidence.

Explanation of Section 56 BSA

Section 56 of the Bharatiya Sakshya Adhiniyam (BSA) establishes the basic rule regarding the method of proving the contents of a document in legal proceedings. It allows two methods for this purpose:

• Primary Evidence
• Secondary Evidence

This provision ensures that documentary evidence can be accepted even if the original document is not available, provided the appropriate legal conditions for secondary evidence are satisfied.

Primary evidence refers to the original document itself, while secondary evidence refers to copies or other substitutes, such as certified copies or oral accounts of the contents, admissible under certain conditions as specified in subsequent sections (e.g., Section 57, Section 58).

Illustration

Example 1: Using Primary Evidence
A signed contract is produced in court by the person who holds the original copy. This is an example of proving the contents of a document by primary evidence.

Example 2: Using Secondary Evidence
The original contract was destroyed in a fire. A certified photocopy of the contract, along with proof of the original’s loss, is submitted in court. This is an example of secondary evidence under the law.

Common Questions and Answers

1. What is primary evidence under the BSA? Primary evidence refers to the original document itself, as defined in Section 57 BSA.
2. When is secondary evidence permissible? Secondary evidence may be used when the original document is lost, destroyed, or otherwise unavailable under the conditions specified in Section 58 BSA.
3. Is a photocopy always acceptable as secondary evidence? Not automatically. It must meet the criteria laid down in the law—such as proof of the original’s loss or destruction—and be properly authenticated.
4. What if the original document is with the opposing party? If the opposing party refuses to produce the original despite notice, then secondary evidence may be admitted.

Conclusion

Section 56 of the Bharatiya Sakshya Adhiniyam lays the foundation for how documentary evidence is to be proved in court. It provides flexibility by allowing both primary and secondary evidence, thereby ensuring that the absence of an original document does not necessarily obstruct the course of justice.

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