Primary evidence
Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 deals with primary evidence. Primary evidence means the document itself produced for the inspection of the Court. The Act came into force on 01 Jul 2024.
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.
Section 57, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 62 Primary evidence Text carried over almost unchanged 90%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Arjun Panditrao Khotkar v. Kailash Kishanrao Gorantyal
Decided under Indian Evidence Act 62, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A certificate under section 65B(4) of the Evidence Act is a condition precedent to the admissibility of an electronic record. Anvar P.V. is affirmed; Shafhi Mohammad is overruled on this point. The certificate may be produced later if the electronic record is already before the court, subject to the trial court's directions.
On this section: Fixes what counts as 'the document itself produced for the inspection of the Court' where the document is electronic - the source device, not a copy generated from it - which is the primary-evidence rule now in BSA section 57.
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K Gurubasavaraj S/o K Shankargouda vs Susheelamma W/o Shivaputrappa Timmalapurad
Court's Decision & Legal Precedent
Refusing permission to prove a Will by copies, the Court held that a party who does not produce the original must first establish foundational facts - categorically averring and proving who holds the original and why he is unable to produce it - at the time the application is filed; a bare statement that the original Will is 'not available' does not discharge that burden, and secondary evidence cannot be led.
On this section: Shows the practical force of BSA section 57: the original document remains the evidence the Court must be offered, and the primary-evidence rule is displaced only after the foundational facts for secondary evidence are laid.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… At this juncture, it would be apropos to rely upon and refer Chapter V of the Bharatiya Sakshya Adhiniyam, 2023 (for short, 'Adhiniyam, 2023') and more particularly provision of Section 56 of Adhiniyam, 2023, which stipulates that the contents of documents may be proved either by primary or by secondary evidence. Section 57 deals with the primary evidence and Section 58 talks about the secondary evidence. Section 59 postulates that " Documents shall be proved by primary evidence except in the cases hereinafter mentioned ." Section 60 prescribes the cases in which secondary evidence relating to …
Questions about Section 57
What have the courts held on Section 57 of the Bharatiya Sakshya Adhiniyam?
Arjun Panditrao Khotkar v. Kailash Kishanrao Gorantyal (14 Jul 2020) is the leading judgment on this section among those set out below, though it was decided under IEA 62, which this section replaced -- the court never mentioned this Act: Fixes what counts as 'the document itself produced for the inspection of the Court' where the document is electronic - the source device, not a copy generated from it - which is the primary-evidence rule now in BSA section 57. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2020 to 2025.
How do I find court cases under Section 57 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 57, section 57 BSA, section 57 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa 57 2764 and 57 bsa act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Arjun Panditrao Khotkar v. Kailash Kishanrao Gorantyal (14 Jul 2020).
What should I read with Section 57 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 62 (Primary evidence), so the judgments decided under that provision are the case law on this one.
When did Section 57 of the Bharatiya Sakshya Adhiniyam come into force?
Section 57 of the Bharatiya Sakshya Adhiniyam, cited as BSA 57, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.