When you go to court, you need to prove your case. And one of the most important ways to do that is through documents. A contract, a letter, a photograph, an email — all of these can be documents used as evidence in court.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the old Indian Evidence Act, 1872. It now governs how documents are proved in court. Understanding BSA 2023 proof of documents is very important for judiciary aspirants because this topic appears regularly in both Prelims and Mains exams.

This blog covers everything you need to know about documentary evidence under BSA 2023, including primary evidence, secondary evidence, public and private documents, certified copies, and the conditions for admissibility — all under Sections 56 to 73.

What is a Document Under BSA 2023?

Section 2(d) of BSA defines a document as any matter expressed, described, or otherwise recorded upon any substance by means of letters, figures, marks, or any other means, intended to be used for recording that matter. This definition also includes electronic and digital records.

This is a broad definition. It covers written contracts, printed notices, photographs, and even data stored on a computer or phone.

Structure of Chapter V: Documentary Evidence

Chapter V of BSA 2023 deals with all provisions related to documentary evidence. It is divided into three broad parts:

 

This blog focuses on Sections 56 to 73, which form the core of BSA 2023 evidence law for judiciary preparation.

Section 56: How to Prove Contents of a Document

Section 56 of BSA lays down the basic rule. It says that the contents of a document may be proved in one of two ways:

• Through primary evidence, or
• Through secondary evidence

There is no third method. This section makes it clear that only these two modes of proof are legally recognized.

Exam Tip (Pre + Mains): Section 56 is often tested as an MCQ. Remember: only two modes of proof are allowed — primary and secondary.

Section 57: Primary Evidence

Primary evidence means the original document itself, presented before the court for inspection.

What Counts as Primary Evidence?

• The original document itself
• Each part of a document that was executed in multiple parts
• Each counterpart of a document executed in counterparts (against the parties who executed it)
• Documents produced by uniform processes like printing or photography — each copy is primary evidence of the others, but not of the original
• Electronic or digital records stored simultaneously or in sequence across multiple files
• Video recordings in electronic form when stored and transmitted simultaneously
• Digital records stored in multiple spaces, including temporary files

Illustration (from BSA)

If a person has several placards, all printed from the same original at the same time, each placard is primary evidence of what is written on any other placard. But none of these placards can serve as primary evidence of the original document.

Key Points About Electronic Records as Primary Evidence

• Electronic or digital records stored concurrently or sequentially are treated as primary evidence
• Records in proper custody are primary evidence unless challenged
• Proper custody of electronic records strengthens their legal validity
   

Exam Tip (Mains): Be ready to explain the essentials of primary evidence under Section 57 with examples, especially for digital and electronic records.

Section 58: Secondary Evidence

Secondary evidence refers to substitutes or copies of an original document. It is used when the original cannot be presented before the court.

What Counts as Secondary Evidence?

• Certified copies given by authorized personnel
• Copies made by mechanical processes such as photocopies, ensuring accuracy
• Copies made from the original by people who have directly compared them with the original
• Counterparts of documents as against the parties who did not execute them
• Oral accounts of the document's contents by a person who has personally seen it
• Oral and written admissions of document contents
   

Illustration (from BSA)

A copy of a letter made by a copying machine, then compared with another copy, is considered secondary evidence — provided it is shown that the copying machine originally copied from the original letter.

Exam Tip (Pre): In MCQs, remember that certified copies are secondary evidence, not primary.

Difference Between Primary and Secondary Evidence
 

 

Section 60: When Can Secondary Evidence Be Given?

Section 60 of BSA lists the cases where secondary evidence of a document is permissible. Secondary evidence can be given in the following situations:

• When the original is in the possession of the other party and that party has been given notice to produce it but has not done so
• When the original has been lost or destroyed
• When the original is of such a nature that it cannot conveniently be moved to court

Section 64: Notice Required Before Using Secondary Evidence

Section 64 says that before giving secondary evidence of a document, the party must give prior notice to the party in whose possession the original document is. The notice asks that party to produce the original.

However, Section 64 also lists cases where notice is not required:

• When the document to be proved is itself a notice
• When the adverse party clearly knows they will be required to produce it
• When the adverse party obtained the original by fraud or force
• When the adverse party or their agent has the original in court
• When the adverse party has admitted the loss of the document

Sections 62 and 63: Electronic Evidence

BSA 2023 has dedicated provisions for electronic records, making it very relevant for BSA 2023 evidence law for judiciary preparation.

Section 62 says that contents of electronic records shall be proved as per Section 63.

Section 63 deals with the admissibility of electronic records. It says that computer output (information printed, stored, or copied in electronic form) shall be treated as a document and is admissible if the following conditions are met:

• The computer was regularly used during the period the output was produced
• Information of the kind contained in the record was regularly fed into the computer during that period
• The computer was operating properly during the relevant period
• The information in the electronic record was derived from data regularly fed into the system

Section 63(4) requires a certificate to accompany the electronic record whenever it is submitted as evidence. This certificate must:

• Identify the electronic record and how it was produced
• Give details of the device involved in production
• Be signed by a person in charge of the computer or the management of activities
• Include certification by an expert

Exam Tip (Mains): The certificate requirement under Section 63(4) is a high-priority topic. Understand what it must contain and who must sign it.

Sections 65 to 73: Proof and Attestation of Documents

Simply presenting a document in court is not enough. You must also prove that the document is genuine. Sections 65 to 73 deal with this.

Quick Revision Table: Sections 56 to 73 at a Glance

Conclusion

Understanding BSA 2023 proof of documents is essential for any judiciary aspirant. The provisions under Sections 56 to 73 of the Bharatiya Sakshya Adhiniyam 2023 form a complete framework for how documents are proved in court. Primary evidence is the most reliable form and is always preferred. Secondary evidence is allowed only in specific conditions where the original cannot be produced.

For your BSA 2023 evidence law for judiciary preparation, focus on Sections 56, 57, 58, 60, 63, 64, 72, and 73. These sections are the most commonly tested in both Prelims and Mains exams. Pay special attention to electronic evidence provisions, as this is where BSA 2023 differs significantly from the old Indian Evidence Act.