What Is BSA Section 59?

Bhartiya Sakshya Adhiniyam, 2023 - Section 59: Proof of documents by primary evidence

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

Brefe Detail

Section 59 of the Bhartiya Sakshya Adhiniyam, 2023 states that documents must be proven by primary evidence unless specified otherwise in the subsequent provisions. This section emphasizes the importance of using original documents as the primary means of evidence in legal proceedings.

Question & Answers

Q1: What is the main requirement for proving documents under Section 59?

A1: Documents must be proved by primary evidence, except in specified cases mentioned later.

Q2: Are there any exceptions to the requirement for primary evidence?

A2: Yes, the section indicates that there are cases mentioned later where primary evidence may not be required.

Q3: What does primary evidence refer to in this context?

A3: Primary evidence refers to the original document itself that is presented in court.

Example

• Example 1: A party presents the original contract in court as primary evidence to prove its terms.
• Example 2: If a witness needs to prove the authenticity of a will, they must provide the original document rather than a copy.

Summary

Section 59 of the Bhartiya Sakshya Adhiniyam, 2023 establishes that the primary means of proving documents in legal proceedings is through primary evidence, underscoring the necessity of original documents unless stated otherwise in later sections.