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Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Proof of Contents of Documents [Section 56]
Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Proof of Contents of Documents [Section 56]
Section 56: Rule Regarding Proof of ContentsSection 56 of the Bharatiya Sakshya Adhiniyam, 2023 provides that the contents of documents may be proved either by primary evidence or by secondary evidence. There is no other legally recognised mode for proving the contents of a document.
(a) Scope and Object of Section 56
The purpose of producing a document before the Court is to rely upon the truth of the statements contained in it. Whenever a document is produced in evidence, the Court is required to consider three distinct questions:
Threefold Analysis Explained
Suppose a letter written by A is produced before the Court stating that B murdered C. The issues arising would be:
Distinction Between Proof of Contents and Proof of Truth
Illustration: Newspaper Report
The production of newspapers reporting that a cricket match was played does not prove that the match was actually played. It merely proves what the newspaper contains. To prove that the match was played, a person who witnessed the match must give evidence.
This principle flows from a combined reading of Section 54 and Sections 56 to 66 of the Adhiniyam.
Mode of Proving Contents of Documents
The contents of documents can be proved only in the following two ways:
Case LawIn Chander Kanta Ben v. Vadilal Baplal, the Court held that where entries in account books were sought to be proved but:
Exam-Ready Conclusion
Section 56 clearly draws a distinction between proof of the contents of a document and proof of the truth of its contents, permitting the former to be proved only through primary or secondary evidence, and the latter through independent substantive evidence.
Section 56: Rule Regarding Proof of ContentsSection 56 of the Bharatiya Sakshya Adhiniyam, 2023 provides that the contents of documents may be proved either by primary evidence or by secondary evidence. There is no other legally recognised mode for proving the contents of a document.
(a) Scope and Object of Section 56
The purpose of producing a document before the Court is to rely upon the truth of the statements contained in it. Whenever a document is produced in evidence, the Court is required to consider three distinct questions:
- Whether the document is genuine?
- What are the contents of the document?
- Whether the statements contained in the document are true?
Threefold Analysis Explained
Suppose a letter written by A is produced before the Court stating that B murdered C. The issues arising would be:
- Whether the letter was written by A
- This concerns the genuineness of the document.
- It can be proved by oral evidence, such as examining A.
- What does the letter contain
- This concerns the contents of the document.
- It can be proved only by producing the document itself or its legally admissible copy.
- If the original letter is produced, primary evidence is given.
- If a permitted copy is produced, secondary evidence is given.
- Whether the statement that B murdered C is true
- This concerns the truth of the contents, not the contents themselves.
- It must be proved by independent oral or other substantive evidence, not merely by producing the document.
Distinction Between Proof of Contents and Proof of Truth
- Contents of a document are proved only by primary or secondary evidence.
- Truth of the statements contained in the document is proved by oral or other substantive evidence.
- Producing a document does not prove the truth of its contents; it only proves what the document states.
Illustration: Newspaper Report
The production of newspapers reporting that a cricket match was played does not prove that the match was actually played. It merely proves what the newspaper contains. To prove that the match was played, a person who witnessed the match must give evidence.
This principle flows from a combined reading of Section 54 and Sections 56 to 66 of the Adhiniyam.
Mode of Proving Contents of Documents
The contents of documents can be proved only in the following two ways:
- By Primary Evidence – by producing the original document
- By Secondary Evidence – by producing a legally admissible copy
- There is no third method recognised under law for proving the contents of documents.
Case LawIn Chander Kanta Ben v. Vadilal Baplal, the Court held that where entries in account books were sought to be proved but:
- No person appeared to support the entries, and
- No basic vouchers or supporting documents were produced,
Exam-Ready Conclusion
Section 56 clearly draws a distinction between proof of the contents of a document and proof of the truth of its contents, permitting the former to be proved only through primary or secondary evidence, and the latter through independent substantive evidence.
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