Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 57: Primary evidence
Primary evidence means the document itself produced for the inspection of the Court.
Explanation 1: Where a document is executed in several parts, each part is primary evidence of the document.
Explanation 2: Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.
Explanation 3: Where a number of documents are all made by one uniform process, as in the case of printing, lithography, or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original.
Explanation 4: Where an electronic or digital record is created or stored, and such storage occurs simultaneously or sequentially in multiple files, each such file is primary evidence.
Explanation 5: Where an electronic or digital record is produced from proper custody, such electronic and digital record is primary evidence unless it is disputed.
Explanation 6: Where a video recording is simultaneously stored in electronic form and transmitted or broadcast or transferred to another, each of the stored recordings is primary evidence.
Explanation 7: Where an electronic or digital record is stored in multiple storage spaces in a computer resource, each such automated storage, including temporary files, is primary evidence.
Illustration: A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.
Brefe Detail
Section 57 of the Bhartiya Sakshya Adhiniyam, 2023 defines primary evidence as the original document presented for the court's inspection. It outlines various scenarios where documents, whether physical or digital, qualify as primary evidence. This includes cases where documents are executed in parts, counterparts, or through uniform processes like printing. The section also addresses electronic records, video recordings, and how they may be regarded as primary evidence under certain conditions.
Question & Answers
Q1: What does Section 57 define as primary evidence?
A1: Primary evidence is defined as the document itself produced for the inspection of the Court.
Q2: What happens if a document is executed in several parts?
A2: Each part is considered primary evidence of the document.
Q3: How is a counterpart document treated under this section?
A3: Each counterpart executed by one or some of the parties is primary evidence against the parties executing it.
Q4: Are copies of documents made by uniform processes considered primary evidence?
A4: Yes, each document made by uniform processes like printing is primary evidence of the contents of the rest, but not of the original if they are copies.
Q5: What qualifies as primary evidence for electronic or digital records?
A5: Electronic records stored in multiple files or produced from proper custody are considered primary evidence unless disputed.
Q6: How are video recordings regarded in terms of primary evidence?
A6: Each stored recording is primary evidence if it is simultaneously stored in electronic form and transmitted or broadcast.
Q7: Can temporary files in a computer be primary evidence?
A7: Yes, each automated storage space, including temporary files, is considered primary evidence.
Example
- Example 1: If a document is printed in multiple copies, any copy can serve as primary evidence for the content of the others, but not for the original.
- Example 2: An electronic file created and stored on a computer is primary evidence of its contents as long as it comes from proper custody.
- Example 3: If a person possesses multiple placards printed from one original document, any placard can be used as primary evidence for the content of the others.
Summary
Section 57 of the Bhartiya Sakshya Adhiniyam, 2023 clarifies that primary evidence refers to original documents presented in court. It outlines various cases, including how parts, counterparts, and digital records qualify as primary evidence, emphasizing the importance of original documents in legal proceedings.
