Section 56: Documents May Be Proved by Primary Evidence

Overview

Section 56 of the Bhartiya Sakshya Bill, 2023, establishes a fundamental rule: when you need to prove what a document *says*, the best way to do it is to present the original document itself. This original document is called ‘primary evidence’. It’s considered the most reliable form of proof because it’s the first and most direct link to the information.

Key Principles / Ingredients

• Type of Evidence: This section specifically deals with documentary evidence – anything written or recorded. This includes traditional paper documents, but also electronic records like emails, messages, and computer files.
• Conditions for Admissibility/Relevancy: The document must be relevant to the case (meaning it makes a fact in issue more or less probable). It must also be admissible, meaning it isn’t barred by any other rule of evidence (like being illegally obtained). Presenting the original document generally makes it admissible.
• Burden of Proof: The party relying on the document to prove their case has the burden of proof to produce the primary evidence. If they can’t produce the original, they may need to explain why and rely on secondary evidence (explained later), but this can affect how much weight the court gives it.

How Courts Use this Provision

Judges will always prefer to see the original document. If a party submits a document and claims it’s the original, the opposing party can challenge its authenticity. The court will then examine the document and may ask for further proof to verify it’s truly the original. If the original is lost or destroyed, the party must explain the circumstances and may be allowed to present secondary evidence, but the court will scrutinize it more carefully.

Illustrations and Examples

• Example 1 – Simple Situation: In a contract dispute, the plaintiff wants to prove the terms of the agreement. They present the signed, original contract. This is primary evidence, and the court will likely accept it as proof of the contract’s contents.
• Example 2 – More Complex: A witness claims they sent an email containing a crucial admission. They try to submit a printed copy of the email. The opposing lawyer objects, demanding the original email from the server. The court will likely require the original email (or a certified copy from the email provider) to be presented as primary evidence. A printout is considered secondary evidence.

Important Provisos / Explanations

Section 56 doesn’t have any specific provisos or explanations attached to it. However, the Bill clarifies that ‘document’ includes electronic records, broadening the scope of what constitutes primary evidence. The Bill also defines ‘primary evidence’ as the document itself, produced for inspection.

Difference from Old Evidence Act (if applicable)

The Bhartiya Sakshya Bill, 2023, largely retains the core principle of Section 91 of the Indian Evidence Act, 1872, regarding primary evidence. However, the new Bill explicitly includes electronic records within the definition of ‘document’, making it clearer that digital evidence is subject to the same rules regarding primary evidence as paper documents. This is a significant update reflecting modern technology.

Key Takeaways

• Always present the original document whenever possible.
• The original document is the most reliable form of evidence.
• If the original is unavailable, be prepared to explain why.
• Electronic records are treated the same as paper documents for primary evidence purposes.