Section 59 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 59 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 establishes the principle that documents should be proved by primary evidence, unless specific exceptions apply.(
📜 Text of Section 59
Section 59 – Proof of documents by primary evidence
Documents shall be proved by primary evidence except in the cases hereinafter mentioned.
⚖️ Legal Significance
This section underscores the importance of presenting the original document in court to establish its authenticity and contents. Primary evidence is considered the most reliable form of evidence. However, the section acknowledges that there are circumstances where primary evidence may not be available, and in such cases, secondary evidence may be admissible.(law4u.in)
📚 Contextual Understanding
While Section 59 mandates the use of primary evidence, subsequent sections of the BSA, particularly Section 60, outline the specific situations where secondary evidence can be presented. These exceptions include scenarios where the original document is lost, destroyed, or in the possession of someone not subject to the court's process, among others.(legalspace.ai)
🧭 Practical Implications
Primary Evidence: The original document itself. For example, the original contract in a breach of contract case.(thelawadvice.com)
Secondary Evidence: Copies or reproductions of the original document, such as photocopies, oral accounts, or certified copies.(legalspace.ai)
In practice, if a party wishes to prove the contents of a document, they must first attempt to produce the original document. If the original is unavailable, they may then seek to introduce secondary evidence, provided they meet the criteria set forth in the BSA.
📝 Summary
Section 59 of the BSA, 2023, emphasizes the necessity of presenting original documents as evidence in legal proceedings, ensuring the authenticity and reliability of the information. While it allows for exceptions, these are clearly defined in subsequent sections to maintain the integrity of the judicial process.
RELATED Blog
0 comments