Section 57: Primary Evidence

Overview

Section 57 of the Bhartiya Sakshya Bill, 2023, simply states what ‘primary evidence’ means in court. It’s the best kind of proof for a document – the original document itself. Think of it like showing the actual contract, not just a photocopy. The court wants to see the real thing to be sure it’s genuine.

Key Principles / Ingredients

• Type of Evidence: This section deals specifically with documentary evidence – written documents, contracts, letters, etc. It doesn’t cover oral testimony or electronic records directly (though electronic records have their own rules elsewhere in the Bill).
• Conditions for Admissibility/Relevancy: The document must be relevant to the case to be considered at all. Then, to be *primary* evidence, it must be the original. If the original isn’t available, a copy might be allowed as ‘secondary evidence’ (covered later in the Bill), but it’s less reliable.
• Burden of Proof Implications: Presenting primary evidence strengthens a party’s case. While it doesn’t *shift* the overall burden of proof, it makes it easier to convince the court of the document’s authenticity and contents. The party presenting the document has the responsibility to show it is what they claim it to be.

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 side can challenge this. The court will examine the document for signs of alteration, tampering, or whether it appears to be a genuine original. If the original is lost or destroyed, the party must explain why and then present the best available copy as secondary evidence.

Illustrations and Examples

• Example 1 – Simple Situation: A dispute over a loan agreement. The lender presents the *original* signed loan agreement to the court. This is primary evidence.
• Example 2 – More Complex: A will is contested. The original will is found, but a clause appears to be rewritten. The court will scrutinize the will closely, potentially calling in handwriting experts, to determine if it’s still a genuine original or if the alteration makes it secondary evidence (or even inadmissible). If the will was made in multiple parts, each signed page is considered primary evidence of the entire will.

Important Provisos / Explanations

The section includes an explanation for documents executed in multiple parts. Each part is considered primary evidence of the *whole* document. This means if a contract is signed on separate pages, each page is as good as the original for proving the entire agreement.

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. There are no significant shifts in the definition or application of this concept.

Key Takeaways

• Original is Best: Primary evidence is the original document.
• Court Preference: Courts prefer primary evidence over copies.
• Multiple Parts: Each part of a multi-part document is primary evidence of the whole.
• Authenticity Matters: The party presenting the document must prove it’s genuine.