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Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Proof of Documents by Primary Evidence [Section 59]
Section 59: General Rule
Section 59 of the Bharatiya Sakshya Adhiniyam 2023 lays down the fundamental rule that documents must be proved by primary evidence, except in cases where the Act expressly permits proof by secondary evidence.
(a) Scope and Principle of Section 59
This section embodies the general principle of documentary proof, namely that the original document itself must be produced before the court for inspection. The concept of primary evidence has been explained under Section 57, which treats the original document as the best evidence of its contents.
However, the legislature has recognized that strict adherence to technical rules should not defeat the ends of justice. Accordingly, Section 60 provides specific exceptions where secondary evidence may be admitted. Secondary evidence is not a matter of right and is permitted only in the circumstances expressly mentioned in the Adhiniyam.
Before secondary evidence can be admitted, the party relying upon it must first prove the existence of one of the statutory grounds justifying the non-production of the original document. In the absence of such proof, secondary evidence is inadmissible. For instance, a certified copy of a registered document cannot be admitted unless a satisfactory explanation is given for the absence of the original document.
(b) Stage for Raising Objections
Any objection relating to the mode of proof of a document, particularly regarding the admissibility of secondary evidence, must be raised at the trial stage itself. If no objection is taken at the time when the document is tendered in evidence, such objection cannot ordinarily be raised for the first time at the appellate stage.
Judicial pronouncements have consistently held that an objection raised for the first time at the appellate stage is belated and would generally not be entertained where no objection was raised before the trial court.
(c) Primary Evidence and Secondary Evidence – Note Form1. Meaning
2. Rule and Exception
3. Best Evidence Rule
4. Requirement of Notice
5. Evidentiary Value
6. Admissibility
Conclusion
Section 59 reinforces the principle that primary evidence is the normal and preferred mode of proof of documents, while secondary evidence is an exception allowed only upon strict fulfillment of the conditions prescribed under the Bharatiya Sakshya Adhiniyam, 2023.
Section 59: General Rule
Section 59 of the Bharatiya Sakshya Adhiniyam 2023 lays down the fundamental rule that documents must be proved by primary evidence, except in cases where the Act expressly permits proof by secondary evidence.
(a) Scope and Principle of Section 59
This section embodies the general principle of documentary proof, namely that the original document itself must be produced before the court for inspection. The concept of primary evidence has been explained under Section 57, which treats the original document as the best evidence of its contents.
However, the legislature has recognized that strict adherence to technical rules should not defeat the ends of justice. Accordingly, Section 60 provides specific exceptions where secondary evidence may be admitted. Secondary evidence is not a matter of right and is permitted only in the circumstances expressly mentioned in the Adhiniyam.
Before secondary evidence can be admitted, the party relying upon it must first prove the existence of one of the statutory grounds justifying the non-production of the original document. In the absence of such proof, secondary evidence is inadmissible. For instance, a certified copy of a registered document cannot be admitted unless a satisfactory explanation is given for the absence of the original document.
(b) Stage for Raising Objections
Any objection relating to the mode of proof of a document, particularly regarding the admissibility of secondary evidence, must be raised at the trial stage itself. If no objection is taken at the time when the document is tendered in evidence, such objection cannot ordinarily be raised for the first time at the appellate stage.
Judicial pronouncements have consistently held that an objection raised for the first time at the appellate stage is belated and would generally not be entertained where no objection was raised before the trial court.
(c) Primary Evidence and Secondary Evidence – Note Form1. Meaning
- Primary Evidence
- Refers to the original document itself produced before the court.
- Defined under Section 57 of the Adhiniyam.
- It is the most authentic and reliable form of documentary evidence.
- Secondary Evidence
- Refers to copies or substitutes of the original document.
- Enumerated under Section 58, subject to the conditions under Section 60.
- Admissible only when the original cannot be produced for legally recognized reasons.
2. Rule and Exception
- Primary Evidence
- Proof by primary evidence is the general rule under Section 59.
- Documents must ordinarily be proved by producing the original.
- Secondary Evidence
- Proof by secondary evidence is an exception to the general rule.
- Permissible only in cases expressly provided under Section 60.
3. Best Evidence Rule
- Primary Evidence
- Forms an integral part of the Best Evidence Rule.
- The original document is regarded as the best proof of its contents.
- Secondary Evidence
- Does not form part of the Best Evidence Rule.
- It is inferior and derivative in nature.
4. Requirement of Notice
- Primary Evidence
- No prior notice is required to be given to the opposite party before producing primary evidence.
- Secondary Evidence
- Prior notice to the opposite party is generally required before leading secondary evidence, as contemplated under Section 60(a).
5. Evidentiary Value
- Primary Evidence
- Possesses higher evidentiary value due to its originality and authenticity.
- Secondary Evidence
- Possesses comparatively lesser evidentiary value as it depends upon the accuracy and existence of the original.
6. Admissibility
- Primary Evidence
- Admissible as a matter of course once produced before the court.
- Secondary Evidence
- Admissible only after establishing the statutory grounds for non-production of the original document.
Conclusion
Section 59 reinforces the principle that primary evidence is the normal and preferred mode of proof of documents, while secondary evidence is an exception allowed only upon strict fulfillment of the conditions prescribed under the Bharatiya Sakshya Adhiniyam, 2023.
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