​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Proof of Documents by Primary Evidence [Section 59 BSA / Section 64 IEA]

Introduction
​Section 59 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 64 of the Indian Evidence Act, 1872. This provision lays down the fundamental rule regarding proof of documents, namely that documents must ordinarily be proved by primary evidence.
The section embodies the “Best Evidence Rule,” which requires the original document itself to be produced before the Court unless the law specifically permits secondary evidence.

Meaning of Primary Evidence
Primary evidence means:

• The original document itself produced for inspection of the Court.

It is considered the best and most reliable evidence regarding the contents of a document.
Examples:

• Original contract,
• Original sale deed,
• Original letter,
• Original electronic record.

Provision under Section 59 BSA
Section 59 provides that:

• Documents shall be proved by primary evidence except in cases hereinafter mentioned.

The use of the expression:

• “Shall be proved”,
  shows that the provision is mandatory in nature.

Thus, the general rule is compulsory production of original documents.

Best Evidence Rule
The section is based on the principle that:

• The best available evidence must be produced before the Court.

Since documents are permanent records of facts, the original document is regarded as the most trustworthy proof of its contents.
The rule minimizes:

• Fraud,
• Alteration,
• Inaccuracy,
• Fabrication.

Mandatory Nature of the Provision
The expression:

• “Shall be proved”,
  indicates a mandatory obligation.

Therefore:

• Courts ordinarily require production of original documents,
  unless exceptional circumstances justify secondary evidence.

The provision ensures authenticity and reliability in documentary proof.

Exceptions to the Rule
Although primary evidence is the general rule, secondary evidence may be admitted in situations specified under Section 60 BSA, such as:

• Loss or destruction of original,
• Original in possession of opposite party,
• Public documents,
• Certified copies permitted by law,
• Voluminous documents.

Thus:

• Section 59 lays down the general rule,
• Section 60 provides exceptions.

Difference between Section 59 BSA and Section 64 IEA
Under the IEASection 64 stated:

• Documents must be proved by primary evidence except in cases mentioned subsequently.

Under the BSA
Section 59 retains the same principle but uses modernized drafting style.
The BSA emphasizes:

• Method of proof,
• Mandatory nature of primary evidence,
  while also functioning within a broader framework recognizing digital and electronic records.

Primary Evidence and Electronic Records
Under the BSA:

• Electronic and digital records may also constitute primary evidence.

This reflects modernization of documentary evidence in the digital age.
Examples:

• Original electronic file,
• Original digital recording,
• Native digital document.

Purpose of the Provision
The provision aims to:

• Ensure reliability of documentary evidence,
• Prevent tampering and forgery,
• Promote fairness in judicial proceedings,
• Preserve evidentiary integrity.

Illustration
If A seeks to prove a written agreement executed between A and B, the original agreement must ordinarily be produced before the Court as primary evidence.
A photocopy may be admitted only if conditions for secondary evidence are fulfilled.

Important Points 

• Section 59 BSA corresponds to Section 64 IEA.
• Documents must ordinarily be proved by primary evidence.
• Primary evidence means original document itself.
• Based on “Best Evidence Rule”.
• Use of “shall be proved” makes provision mandatory.
• Secondary evidence allowed only in exceptional cases under Section 60.
• BSA also accommodates electronic and digital records as primary evidence.

Conclusion
Section 59 of the Bharatiya Sakshya Adhiniyam, 2023 establishes the fundamental rule that documents must ordinarily be proved by primary evidence. The provision reflects the Best Evidence Rule and ensures authenticity, reliability, and integrity of documentary proof. While the principle remains substantially the same as under Section 64 of the Indian Evidence Act, 1872, the BSA modernizes its application by recognizing electronic and digital records within the framework of primary evidence.