Welcome to LawTutorial.in – Your Partner in Understanding Law
Join Now

Bharatiya Sakshya Adhiniyam, 2023 — Section 56: Proof of contents of documents

§ SECTION 56 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Proof of contents of documents

Chapter V opens — the home of the exception § 54 carved out. The contents of a document are proved in one of two ways: by primary evidence (the original) or by secondary evidence (a copy or account) — the original being the rule.

How to read Section 56

The gateway to documentary proof — two routes, one preferred.

Primary

The original document itself — the ordinary rule (§ 57).

Secondary

A copy or account of the contents — allowed only in set cases (§ 58).

The preference

Produce the original; secondary is a fallback, not a free choice.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 56 · verbatim

The contents of documents may be proved either by primary or by secondary evidence.

In short: this section is the index to the whole documentary-evidence chapter. What a document says — its contents — can reach the court by only two channels: primary evidence (the original, § 57) or secondary evidence (copies and accounts, § 58). They are not equal alternatives: the law follows the best-evidence principle, so the original is required unless one of the defined grounds for secondary evidence applies.

→ This carries forward IEA 1872 § 61, and opens Chapter V (Documentary Evidence, §§ 56–93).

Glossary

contents of a document

What the document says — the matter to be proved here.

primary evidence

The original document itself, produced in court — § 57.

secondary evidence

A copy or account of the contents — § 58, admissible in set cases.

original

The document actually executed — the thing primary evidence refers to.

certified copy

An officially attested copy — a common form of secondary evidence.

best-evidence rule

Prefer the original; accept substitutes only when it is unavailable.

The picture

One destination — contents proved — by two roads.

contents of a documentwhat the paper saysPRIMARYthe original document itself§ 57 · the ordinary ruleSECONDARYcopies or accounts of contents§ 58 · only when allowedthe contents are proved

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

the ruleTwo ways to prove what a document says

In one lineThe contents of a document may be proved in two ways — by primary evidence (the original) or by secondary evidence (a copy or account, when allowed).
1A document’s contentswhat the paperactually says2Two routes to provethe original, ora substitute3Primary OR secondaryoriginal itself, ora copy/accountprove what a document says by the original — or, when allowed, by a substitute
The contents of documentswhat a document SAYSthe contents of a document — what it actually says…
may be proved either by primaryby PRIMARY evidence…may be proved by primary evidence (the original document itself)…
or by secondary evidence.or by SECONDARY evidence…or by secondary evidence (copies or accounts of the contents) — in the cases the law allows.
ExampleTo prove the terms of a lease, produce the original lease (primary). If the original is lost, or held by the opponent and not produced, a certified copy or other secondary evidence may be given — in the cases the law permits.
✗ Not this‘Either…or’ is not a free choice. The general rule is the original (primary); secondary evidence is allowed only in the specific situations the next sections set out (§ 58).

the two kindsPrimary vs secondary — a preview

In one linePrimary = the original document. Secondary = a copy or account of it. The law prefers the original; secondary is a fallback, allowed only in defined cases.
PRIMARYthe original document itself(§ 57) — the ordinary ruleSECONDARYcopies or accounts of contents(§ 58) — only when allowedPrimary evidence is the original (§ 57); secondary evidence is a copy or account, admissible only when the law allows (§ 58).
primary = the originalthe document itselfprimary evidence is the original document produced in court — defined in § 57.
secondary = a substitutecopies & accountssecondary evidence is a copy or account of the contents — defined in § 58.
the original is preferred‘best evidence’you normally must produce the original; secondary is allowed only in the situations the law lists.
ExampleThe original signed contract is primary evidence. A photocopy or a certified copy is secondary — receivable only if, say, the original is lost or wrongfully withheld.
✗ Not thisSecondary evidence is not freely interchangeable with the original. Its admissibility is gated by § 58 — produce the original unless one of those grounds applies.

Connected provisions

§ 57 · next

Primary evidence

Defines the original — the first of the two routes.

§ 58

Secondary evidence

Defines copies/accounts and the cases in which they are allowed.

§ 54

Oral evidence’s exception

§ 54 excluded document contents from oral proof — they are proved here.

lineage

IEA 1872, § 61

Carried forward — proof of the contents of documents.