Primary evidence.
What this section does
Primary evidence means the document itself produced for the Court's inspection. The section provides detailed explanations covering documents executed in parts or counterparts, documents produced by uniform processes such as printing, and — significantly expanding on the old IEA — electronic and digital records, including records stored in multiple files, records from proper custody, video recordings stored and transmitted simultaneously, and automated storage including temporary files, each of which constitutes primary evidence.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Primary evidence is the document itself produced before the Court; for electronic/digital records, each file stored simultaneously or sequentially, each stored video recording, and each automated storage (including temporary files) is primary evidence.
When it applies
- An original signed agreement produced before the Court is primary evidence of its contents.
- Where a video recording is simultaneously stored in electronic form and broadcast, each stored copy of that recording is primary evidence.
Practitioner note
BSA s.57 significantly expands the concept of primary evidence to cover electronic and digital records through Explanations 4–7, reflecting the digital era — a major departure from IEA s.62.
Derived from IEA s.62.
Read the official text
For the binding statutory text of BSA Section 57, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 57 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.