Introduction:
The Bharatiya Sakshya Adhiniyam, 2023 (BSA), has a comprehensive chapter dedicated to primary and secondary evidences in a trial.
Chapter 5 of the Act distinguishes between primary and secondary evidence and provide guidelines for their admissibility in court proceedings.
Primary Evidence:
Section 56 of BSA defines primary evidence as the document itself, produced for the inspection of the court. This includes documents executed in parts or counterparts, and those created through uniform processes like printing or photography. Notably, electronic or digital records are recognized as primary evidence when stored simultaneously or sequentially in multiple files, and video recordings stored in electronic form are also considered primary evidence.
Secondary Evidence:
Section 58 of BSA outlines secondary evidence, which includes various forms such as certified copies, mechanical process copies, oral and written admissions, and oral accounts of document contents. Secondary evidence becomes relevant when the original document cannot be produced for inspection in court.
For instance, if a person possesses placards printed at the same time from one original, any one of the placards serves as primary evidence for the contents of others.
Watch JudiX’s 1 minute video lecture on primary and secondary evidence under BSA
Proof of Documents by Primary Evidence:
Section 59 of BSA emphasizes the preference for proving documents through primary evidence. This is a cardinal principle of Sanhita that primary evidences should be preferred over secondary evidences. However, it acknowledges exceptions outlined in the subsequent sections, where secondary evidence may be permissible.
Cases for Secondary Evidence:
Section 60 of BSA enumerates situations in which secondary evidence can be presented. These include instances where the original document is in the possession of an individual who refuses to produce it, cases of destruction or loss, and situations where the document is of such a nature that it is not easily movable. Public documents and documents for which certified copies are permitted by law are also covered.
Exception for Electronic and Digital Records:
Section 61 of BSA introduces an exception, emphasizing that the provisions of the Act do not apply to deny the admissibility of electronic or digital records. Such records are granted the same legal effect, validity, and enforceability as other documents, subject to certain conditions outlined in Section 63.
FAQs on Bharatiya Sakshya Adhiniyam, 2023 (BSA) - Chapter 5: Primary and Secondary Evidence
Q1: What is the significance of Chapter 5 in the Bharatiya Sakshya Adhiniyam, 2023?
A1: Chapter 5 of BSA focuses on primary and secondary evidence in trials, providing guidelines for their admissibility in court proceedings.
Q2: How does Section 56 define primary evidence under BSA?
A2: Section 56 of BSA defines primary evidence as the document itself, produced for court inspection. It includes documents executed in parts, counterparts, and electronic or digital records stored simultaneously or sequentially.
Q3: In what scenarios are electronic or digital records considered primary evidence under BSA?
A3: Electronic or digital records are considered primary evidence when stored simultaneously or sequentially in multiple files, as outlined in Section 56 of BSA.
Q4: What does Section 58 of BSA cover regarding secondary evidence?
A4: Section 58 outlines secondary evidence, including certified copies, mechanical process copies, oral and written admissions, and oral accounts of document contents. It becomes relevant when the original document cannot be produced in court.
Q5: Can you provide an example of primary evidence as per BSA?
A5: A person possessing original copy of a contract will be said to possess a primary evidence regarding the execution of contract.
Q6: What is the cardinal principle regarding primary and secondary evidence in BSA?
A6: Section 59 emphasizes the preference for proving documents through primary evidence, stating that primary evidence should be preferred over secondary evidence as a cardinal principle of the Sanhita.
Q7: When can secondary evidence be presented according to Section 60 of BSA?
A7: Section 60 of BSA enumerates situations for presenting secondary evidence, including cases where the original document is not produced by an individual in possession, instances of destruction or loss, and scenarios where the document is not easily movable.
Q8: Are there exceptions for the admissibility of electronic or digital records under BSA?
A8: Yes, Section 61 of BSA introduces an exception, stating that BSA provisions do not deny the admissibility of electronic or digital records. Such records have the same legal effect, validity, and enforceability as other documents, subject to conditions in Section 63.
Q9: What types of documents are covered under Section 60 of BSA for presenting secondary evidence?
A9: Section 60 covers various situations, including public documents, documents for which certified copies are permitted by law, and instances where the original is not easily movable.
Q10: How do electronic and digital records fare under BSA in comparison to traditional documents?
A10: Electronic and digital records, as per Section 61 of BSA, enjoy the same legal effect, validity, and enforceability as traditional documents.
Primary and secondary evidence under BSA (Bharatiya Sakshya Adhiniyam)
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