IEA §61 → BSA §57
Proof of contents of documents
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Comparison
61. Proof of contents of documents. –– The contents of documents may be proved either by primary or by secondary evidence.
57. 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. Facts admitted need not be proved. Proof of facts by oral evidence. Oral evidence to be direct. Proof of contents of documents. Primary evidence. 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.
What changedAI-inferred
Proof of contents of documents — BSA 57 expanded for electronic/digital records.
Old position
IEA 61 is concerned with Proof of contents of documents. Proof of contents of documents
New position
BSA 57 modifies the framework. Topic: Primary evidence means the document itself produced for the inspection of the.. Primary evidence means the document itself produced for the inspection of the Court
IEA 61's primary / secondary evidence dichotomy for documents is preserved in BSA 57, with explicit extension to electronic / digital records. The pre-BSA framework had this only by reference through 65A / 65B; BSA 57 makes it textually integral.
Editorial deltaAI-indicated (source-linked)
BSA 57 is significantly more substantive than IEA 61. IEA 61 was a one-line rule that contents of documents may be proved either by primary or by secondary evidence. BSA 57 expressly defines 'primary evidence' as the document itself produced for the inspection of the Court, with three Explanations: (1) where a document is executed in several parts, each part is primary evidence; (2) where a document is executed in counterpart, each counterpart is primary evidence against the parties executing it; (3) where a number of documents are made by one uniform process (printing, lithography, photography), each is primary evidence of the contents of the rest. The primary/secondary distinction is preserved but the primary-evidence concept is now textually anchored.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 61 continues to apply. For matters from that date forward, BSA 57 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 57 (Primary evidence means the document itself produced for the inspection of the.). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §61 → BSA §57 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/61.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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