Proof of documents by primary evidence
Section 64 of the Indian Evidence Act, 1872 deals with proof of documents by primary evidence. Documents must be proved by primary evidence except in the cases hereinafter mentioned. 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
Documents must be proved by primary evidence except in the cases hereinafter mentioned.
Section 64, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 59 Proof of documents by primary evidence 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 The repealed enactment still governs what happened while it was in force.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 documents must be proved by primary evidence except in specified cases
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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… Appeal No. 14 of 2016 Somnath Sharma v. State of Sikkim includes. Apparently the prosecution has not produced either the primary evidence or the secondary evidence of the purported call detail records. Section 64 of the Indian Evidence Act, 1872 provides that documents must be proved by primary evidence except in the cases mentioned in Section 65 thereof. No case to bring it within the exceptions enumerated in Section 65 of the Indian Evidence Act, 1872 has been made out by the prosecution. In such circumstances, no amount …
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… I, therefore, find it difficult to accept the contention of Mr. Rai on this aspect. 47. Next, considering its nature, Exhibits P4 and P5 do not require necessarily to be registered under the law and, therefore, need to be proved as ordinary documents under Section 64 of the Indian Evidence Act, 1872. This requirement appears to have been fully met in the present case. I have, therefore, no hesitation to accept these documents as genuine having been proved as required under the law. RFA No.21 of 2013 Shri Mingma Sherpa vs. …
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… Section 63 defines 'secondary evidence'. 17) Thus, from the above provisions, it is clear that the contents of a document will have to be proved by production of the very document before the Court for inspection of the Court. 18) As per Section 64 of Indian Evidence Act, documents must be proved by primary evidence except in the case mentioned thereof. Therefore, the contents of a document can be proved only by production of the very document itself either as primary evidence or as secondary evidence, if permissible. 19) In the case on hand, though it was …
Questions about Section 64
What have the courts held on Section 64 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 documents must be proved by primary evidence except in specified cases.
How do I find court cases under Section 64 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 64, section 64 IEA, section 64 of the Indian Evidence Act. People searching for it also type evidence act 64b and indian evidence act 64. 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 64 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 59 (Proof of documents by primary evidence), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 64 of the Indian Evidence Act come into force?
Section 64 of the Indian Evidence Act, cited as IEA 64, 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.