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Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023 -Introduction of Documentary Evidence
As per Section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023, unless the context otherwise requires, the term “evidence” means and includes:
(i) all statements, including statements given electronically, which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry; such statements are called oral evidence;
(ii) all documents, including electronic or digital records, produced for the inspection of the Court; such documents are called documentary evidence.
It is important to note that the inclusion of electronic or digital records in the definition of evidence is in light of the interpretation of Section 65B by the Supreme Court in Arjun Panditrao v. Kailash Kushanrao. The term document has also been defined under Section 2 of the Adhiniyam. In R. M. Malkani v. State of Maharashtra, the Supreme Court held that a tape-recorded conversation constitutes documentary evidence.
According to Section 56, the contents of a document may be proved either by primary evidence or secondary evidence. Section 59 lays down the general rule that the contents of documents must be proved by primary evidence, while secondary evidence is only an exception. Primary evidence refers to the original document itself and embodies the Best Evidence Rule.
The Best Evidence Rule operates under the following three heads:
(i) Oral Evidence and Documentary Evidence: When oral and documentary evidence are compared, documentary evidence prevails as the best evidence. This principle is derived from a combined reading of Sections 54, 94, and 95 of the BSA.
(ii) Direct Oral Evidence and Indirect Oral Evidence: Between these two forms, direct oral evidence is considered superior. This principle is based on Section 55 of the BSA.
(iii) Primary Documentary Evidence and Secondary Documentary Evidence: Primary documentary evidence is regarded as the best evidence, as provided under Section 59 of the BSA.
As per Section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023, unless the context otherwise requires, the term “evidence” means and includes:
(i) all statements, including statements given electronically, which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry; such statements are called oral evidence;
(ii) all documents, including electronic or digital records, produced for the inspection of the Court; such documents are called documentary evidence.
It is important to note that the inclusion of electronic or digital records in the definition of evidence is in light of the interpretation of Section 65B by the Supreme Court in Arjun Panditrao v. Kailash Kushanrao. The term document has also been defined under Section 2 of the Adhiniyam. In R. M. Malkani v. State of Maharashtra, the Supreme Court held that a tape-recorded conversation constitutes documentary evidence.
According to Section 56, the contents of a document may be proved either by primary evidence or secondary evidence. Section 59 lays down the general rule that the contents of documents must be proved by primary evidence, while secondary evidence is only an exception. Primary evidence refers to the original document itself and embodies the Best Evidence Rule.
The Best Evidence Rule operates under the following three heads:
(i) Oral Evidence and Documentary Evidence: When oral and documentary evidence are compared, documentary evidence prevails as the best evidence. This principle is derived from a combined reading of Sections 54, 94, and 95 of the BSA.
(ii) Direct Oral Evidence and Indirect Oral Evidence: Between these two forms, direct oral evidence is considered superior. This principle is based on Section 55 of the BSA.
(iii) Primary Documentary Evidence and Secondary Documentary Evidence: Primary documentary evidence is regarded as the best evidence, as provided under Section 59 of the BSA.
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