Code: Section 59 BSA
Documents shall be proved by primary evidence except in the cases hereinafter mentioned.
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Explanation of Section 59 BSA
Section 59 of the Bharatiya Sakshya Adhiniyam (BSA) lays down a fundamental rule for proving the contents of documents in court: documents must be proved by primary evidence. This means that the original document should be produced before the court to prove its contents, ensuring authenticity and accuracy in the evidentiary process.
However, the phrase “except in the cases hereinafter mentioned” creates an exception. It implies that there are specific scenarios (discussed in later sections like Section 60 onwards) where secondary evidence may be admissible.
Key Points:
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Primary evidence is the original document itself (as defined under Section 57 BSA).
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This section establishes a general rule: always use primary evidence to prove a document.
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Exceptions are allowed, but only when justified under law (e.g., original is lost or not available despite best efforts).
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Ensures the reliability of documentary evidence in judicial proceedings.
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Illustration
Example 1: Producing the Original Agreement
A plaintiff files a civil suit based on a written contract. To prove the terms of the agreement, the original contract must be submitted to the court as primary evidence.
Example 2: Exception When Original is Lost
If the original contract is lost or destroyed and the party can prove that fact, then they may be allowed to use secondary evidence such as a certified copy or oral testimony, as permitted under Sections 60–65 BSA.
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Common Questions and Answers on Section 59 BSA
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Why is primary evidence preferred for proving documents?
Primary evidence offers the most direct and reliable proof of a document’s contents, reducing the chances of fraud, forgery, or errors in interpretation.
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What happens if the original document cannot be produced?
If the original is lost, destroyed, or unobtainable for legitimate reasons, the court may allow secondary evidence under specific conditions (see Section 60 onwards).
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Can digital documents be used as primary evidence?
Yes. As explained in Section 57, digitally stored records (if from proper custody and undisputed) can qualify as primary evidence.
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Is it mandatory to always submit primary evidence?
Yes, unless a valid exception applies. Section 59 makes it clear that primary evidence is the standard method of proof.
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Where are the exceptions to this rule explained?
Exceptions are outlined in the subsequent sections of the BSA, especially Sections 60 through 65.
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Conclusion
Section 59 of the Bharatiya Sakshya Adhiniyam underscores the legal importance of proving documents through primary evidence. It acts as a safeguard to ensure the authenticity and integrity of documentary evidence in court. While it recognizes that there may be exceptional cases where secondary evidence is necessary, it establishes a clear default rule in favor of original documents.
For a detailed understanding of primary and secondary evidence and their legal applications, explore related sections and more at ApniLaw.
