Section 57 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) defines primary evidence and elaborates on its scope, particularly concerning electronic and digital records.
๐ Definition of Primary Evidence
Primary evidence is the original document itself, produced for inspection by the court.
๐ Explanations Under Section 57
Multiple Parts: If a document is executed in several parts, each part is considered primary evidence of the entire document.
Executed in Counterparts: When a document is executed in counterparts, each counterpart executed by one or some of the parties is primary evidence against the parties executing it.
Uniform Process: Documents made by a uniform process (e.g., printing, lithography, photography) are primary evidence of the contents of the rest. However, copies of a common original are not primary evidence of the original's contents.
Electronic or Digital Records: An electronic or digital record created or stored, and such storage occurs simultaneously or sequentially in multiple files, each file is primary evidence.
Proper Custody: An electronic or digital record produced from proper custody is primary evidence unless disputed.
Video Recordings: A video recording simultaneously stored in electronic form and transmitted or broadcast is primary evidence.
Multiple Storage Spaces: An electronic or digital record stored in multiple storage spaces in a computer resource, including temporary files, is primary evidence.
๐งพ Illustration
A person is shown to have been in possession of several placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but none is primary evidence of the contents of the original.
๐ง Implications
Digital Evidence: The Act recognizes electronic and digital records as primary evidence, provided they are produced from proper custody and are not disputed.
Chain of Custody: For electronic records to be considered primary evidence, establishing a proper chain of custody is essential.
Technological Adaptation: The inclusion of digital records reflects the legal system's adaptation to technological advancements and the increasing reliance on electronic documentation.
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