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.
Section 57 of the Bhartiya Sakshya Adhiniyam, 2023 defines primary evidence as the original document presented for the court's inspection. It outlines various scenarios where documents, whether physical or digital, qualify as primary evidence. This includes cases where documents are executed in parts, counterparts, or through uniform processes like printing. The section also addresses electronic records, video recordings, and how they may be regarded as primary evidence under certain conditions.
A1: Primary evidence is defined as the document itself produced for the inspection of the Court.
A2: Each part is considered primary evidence of the document.
A3: Each counterpart executed by one or some of the parties is primary evidence against the parties executing it.
A4: Yes, each document made by uniform processes like printing is primary evidence of the contents of the rest, but not of the original if they are copies.
A5: Electronic records stored in multiple files or produced from proper custody are considered primary evidence unless disputed.
A6: Each stored recording is primary evidence if it is simultaneously stored in electronic form and transmitted or broadcast.
A7: Yes, each automated storage space, including temporary files, is considered primary evidence.
Section 57 of the Bhartiya Sakshya Adhiniyam, 2023 clarifies that primary evidence refers to original documents presented in court. It outlines various cases, including how parts, counterparts, and digital records qualify as primary evidence, emphasizing the importance of original documents in legal proceedings.
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