Proof of documents by primary evidence.
What this section does
As a general rule, documents must be proved by primary evidence — i.e., by producing the document itself before the Court. Secondary evidence is admissible only in the cases specifically provided for in the Act.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Documents must ordinarily be proved by primary evidence; secondary evidence is admissible only in the cases expressly permitted.
When it applies
- A party seeking to rely on a written contract must produce the original document unless a specific exception permitting secondary evidence applies.
- A registered will must be proved by producing the original unless it falls within one of the enumerated exceptions allowing secondary evidence.
Derived from IEA s.64.
Read the official text
For the binding statutory text of BSA Section 59, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 59 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.