Proof of contents of documents
Section 61 of the Indian Evidence Act, 1872 deals with proof of contents of documents. The contents of documents may be proved either by primary or by secondary evidence. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
The contents of documents may be proved either by primary or by secondary evidence.
Section 61, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 56 Proof of contents of documents Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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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State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane
Court's Decision & Legal Precedent
A confessional statement recorded under Section 164 of the Code of Criminal Procedure is not substantive evidence but a former statement made before a legally competent authority. Such statements can be used for corroboration or contradiction of witness testimony and can be admitted and exhibited without the Magistrate who recorded them being examined as a witness. The correct legal framework for admitting such judicial records is Section 80 of the Indian Evidence Act, which creates a presumption of genuineness and proper recording, not Section 89 which applies only to secondary evidence cases under Sections 65(a) and 66.
On this section: Establishes that contents of documents may be proved by primary or secondary evidence
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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… There is no <sup>3</sup> (2003) 4 Mah L.J. 134 <sup>4</sup> (2022) 7 SCC 1 23 doubt that merely signing in instrument does not amount to its execution. 33. Section 61 of the Indian Evidence Act, 1872 provides that the contents of document may be proved by primary or by secondary evidence. Section 62 provides that primary evidence means the document itself produced for the inspection of the court. Section 64 provides that the documents must be proved by primary evidence except in …
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… The second appeal was admitted on 31.08.2012 on the following substantial questions of law:- " (1) Whether Ex.A.3 being a registered document, can be impeached that it was obtained by fraud especially when the contents thereof have been proved as per Section 61 of the Indian Evidence Act? (2) Whether the plaintiff has proved the execution and registration of Ex.A.3 agreement or whether the 1 st defendant has proved that it was obtained by fraud? " 4. On the previous occasion, an additional substantial question of law was formulated as follows:- " (3) Whether …
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… The document inter alia indicates registration of Plot Nos.344 and 345 in the name of Dhan Bahadur, son of Nayan Singh, caste "Chettri". The document is an attested copy. Section 61 of the Indian Evidence Act, 1872, provides that the contents of documents must be proved either by primary or by secondary evidence. Section 63 of the Evidence Act enumerates what secondary evidence means and includes. Section 76 deals with certified copies of public documents. It is clear from a consideration of …
Questions about Section 61
What have the courts held on Section 61 of the Indian Evidence Act?
State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane (07 Nov 2014) is the leading judgment on this section among those set out below: Establishes that contents of documents may be proved by primary or secondary evidence.
How do I find court cases under Section 61 of the Indian Evidence Act?
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: IEA 61, section 61 IEA, section 61 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane (07 Nov 2014).
What should I read with Section 61 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 56 (Proof of contents of documents), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 61 of the Indian Evidence Act come into force?
Section 61 of the Indian Evidence Act, cited as IEA 61, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.