Section 273 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
🔹 Section 273 — Proof of Documents by Primary Evidence
This section states:
"Documents must be proved by primary evidence except in the cases hereinafter mentioned."
🔍 Detailed Explanation:
✅ 1. What is the Section Saying in Simple Terms?
Whenever a document needs to be used as evidence in court, it must be proved using the original document itself — this is called primary evidence.
The law requires original documents to be produced, unless there is an exception (which is provided later in the law).
📌 2. What is "Primary Evidence"?
Primary evidence refers to the original document — the first and authentic piece of paper (or digital record) that was created or executed.
If the document is physically or digitally original, that is what must be shown in court.
For example, if you sign a contract, the signed paper is primary evidence.
🚫 3. What Happens If Primary Evidence Is Not Produced?
You generally cannot rely on copies, photographs, or summaries — these are secondary evidence.
Exceptions may be provided in later sections (such as when the original is lost or destroyed, or held by the opposing party and not produced).
But by default, the law prioritizes the original document to prevent fraud, forgery, or misinterpretation.
⚖️ 4. Why This Rule Exists — Purpose and Importance:
Ensures accuracy and authenticity in legal proceedings.
Reduces chances of manipulated or tampered documents being submitted.
Protects the integrity of evidence — especially in disputes involving contracts, wills, agreements, financial records, etc.
🧠 5. How Courts Apply This:
Suppose a party submits a photocopy of an agreement — the court will ask, "Where is the original?"
Only if valid reasons are shown (e.g., original lost, or in possession of someone who refuses to produce it), will the court consider allowing secondary evidence, as per the exceptions (covered in later sections like Section 274 of BSA).
📝 Summary:
| Aspect | Explanation |
|---|---|
| Main Rule | Documents must be proved by primary (original) evidence. |
| Why? | To ensure authenticity and prevent fraud. |
| Exceptions? | Yes, but they are mentioned later in the Act. |
| Example | A signed original contract is primary evidence. A photocopy is not, unless justified. |
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