Primary evidence
Section 62 of the Indian Evidence Act, 1872 deals with primary evidence. Primary evidence means the document itself produced for the inspection of the Court. 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
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. 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 2. –– 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.
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 62, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 57 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 The repealed enactment still governs what happened while it was in force.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.
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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… It is alleged that the office of the AG, after some time, destroyed the originals of the Essentiality Certificates. To prove the same, the prosecution relied on Ext.P66 letter issued from the office of the AG. 9. A conjoint reading of Sections 59, 61 and 62 of the Indian Evidence Act, 1872 (for short 'the Act') would show that the contents of the documents must be proved by primary evidence by producing original documents itself for the inspection of the court. Section 64 of the Act says that the documents must be proved by primary evidence, except in cases provided in …
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… It is alleged that the office of the AG, after some time, destroyed the originals of the Essentiality Certificates. To prove the same, the prosecution relied on Ext.P66 letter issued from the office of the AG. 9. A conjoint reading of Sections 59, 61 and 62 of the Indian Evidence Act, 1872 (for short 'the Act') would show that the contents of the documents must be proved by primary evidence by producing original documents itself for the inspection of the court. Section 64 of the Act says that the documents must be proved by primary evidence, except in cases provided in …
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… It is alleged that the office of the AG, after some time, destroyed the originals of the Essentiality Certificates. To prove the same, the prosecution relied on Ext.P66 letter issued from the office of the AG. 9. A conjoint reading of Sections 59, 61 and 62 of the Indian Evidence Act, 1872 (for short 'the Act') would show that the contents of the documents must be proved by primary evidence by producing original documents itself for the inspection of the court. Section 64 of the Act says that the documents must be proved by primary evidence, except in cases provided in …
Questions about Section 62
What does Section 62 of the Indian Evidence Act deal with?
Section 62 of the Indian Evidence Act is headed "Primary evidence". Primary evidence means the document itself produced for the inspection of the Court.
How do I find court cases under Section 62 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 62, section 62 IEA, section 62 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 62 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 57 (Primary evidence), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 62 of the Indian Evidence Act come into force?
Section 62 of the Indian Evidence Act, cited as IEA 62, 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.