SECTION 57 – Primary evidence.

The Bharatiya Sakshya Adhiniyam, 2023

SECTION 57

Primary evidence.

Primary evidence.—Primary evidence means the document itself produced for the inspection of
the Court.
Explanation 1.—Where a document is executed in several parts, each part is primary evidence of the
document.
Explanation 2.—Where a document is executed in counterpart, each counterpart being executed by
one or some of the parties only, each counterpart is primary evidence as against the parties executing it.
Explanation 3.—Where a number of documents are all made by one uniform process, as in the case
of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where
they are all copies of a common original, they are not primary evidence of the contents of the original.
Explanation 4.—Where an electronic or digital record is created or stored, and such storage occurs
simultaneously or sequentially in multiple files, each such file is primary evidence.
Explanation 5.—Where an electronic or digital record is produced from proper custody, such
electronic and digital record is primary evidence unless it is disputed.
Explanation 6.—Where a video recording is simultaneously stored in electronic form and transmitted
or broadcast or transferred to another, each of the stored recordings is primary evidence.
Explanation 7.—Where an electronic or digital record is stored in multiple storage spaces in a
computer resource, each such automated storage, including temporary files, is primary evidence.
Illustration.
A person is shown to have been in possession of a number of placards, all printed at one time from
one original. Any one of the placards is primary evidence of the contents of any other, but no one of them
is primary evidence of the contents of the original.