§ SECTION 57 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Primary evidence

The first route from § 56. Primary evidence is the document itself, produced for the Court’s inspection. Seven Explanations extend it — three for paper (parts, counterparts, uniform process) and four new ones for electronic and digital records.

How to read Section 57

The original itself — and everything the law treats as an original.

The core

Primary evidence = the document itself, produced for the Court.

Paper (Exp 1–3)

Several parts, counterparts, and uniform-process copies.

Digital (Exp 4–7)

Each stored file / copy / temp store of an e-record is primary.

The bare Act

The section in its own words — the definition, seven Explanations, and the illustration.

Section 57 · verbatim

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.

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.

IllustrationA 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.

In short: primary evidence is the real document in the judge’s hands. The Explanations tell you when the law treats more than one thing as ‘the original’: paper executed in parts or counterparts, and items struck off by a single uniform process. The BSA then adds a modern layer — an electronic or digital record is primary in each of its stored forms (multiple files, video copies, automated and even temporary storage), and one from proper custody is primary unless disputed. Throughout, a copy of a common original is never primary of that original.

→ This carries forward IEA 1872 § 62, expanded by the BSA with Explanations 4–7 for electronic and digital records.

Glossary

primary evidence

The document itself, produced for the Court’s inspection.

executed in several parts

An original made as more than one part — each part is primary.

counterpart

A copy signed by one side only — primary against that side.

uniform process

Printing, lithography, photography — items each primary of the rest.

common original

A master that others copy — the copies are not primary of it.

proper custody

Legitimate keeping of an e-record — primary unless disputed (Exp 5).

temporary files

Automated / cache storage of an e-record — also primary (Exp 7).

electronic / digital record

Data in electronic form — primary in each stored form (Exp 4–7).

The picture

One idea — the original — stretched across paper and pixels.

The section, part by part

Three groups — tap each. Every Explanation and the illustration is shown in its own words with a plain meaning.

Definition + Exp 1–3Exp 4–7 (electronic)The illustration

definition + Exp 1–3Primary evidence — the original, and its paper variants

In one linePrimary evidence is the document itself, produced for the Court. The first three Explanations cover paper variants: several parts, counterparts, and uniform-process copies.

Primary evidence means the document itself produced for the inspection of the Court.PRIMARY = the original itselfprimary evidence = the original document itself, brought to court for the judge to inspect.

Explanation 1.– Where a document is executed in several parts, each part is primary evidence of the document.Exp 1 · several parts → each parta document 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.Exp 2 · counterpart → vs its signera document in counterpart (each side signs its own copy) — each counterpart is primary evidence against the party who signed 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.Exp 3 · uniform process (print/litho/photo)documents made by one uniform process — each is primary of the others’ contents; but if all are copies of a common original, none is primary of the original’s contents.

ExampleThe signed original of a deed, laid before the court, is primary. If it was executed in two identical parts, each part is equally primary (Exp 1); and placards printed together are each primary of one another (Exp 3).

✗ Not thisA photocopy of the original is not primary — it is secondary. Uniform-process documents (Exp 3) are primary of each other, but never of the common original they copy.

Exp 4–7 (new)Electronic & digital records — the BSA additions

In one lineThe BSA’s new Explanations 4–7 make an electronic or digital record primary in each of its stored forms — and one from proper custody primary unless disputed.

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.Exp 4 · multiple files → each filean electronic/digital record stored in multiple files (at once or in sequence) — each 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.Exp 5 · proper custody (unless disputed)an electronic/digital record from proper custody 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.Exp 6 · video: each stored copya video recording stored electronically and also transmitted/broadcast/transferred — each stored recording 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.Exp 7 · multiple storage incl. temp filesan electronic/digital record in multiple storage spaces of a computer resource — each automated storage, including temporary files, is primary evidence.

ExampleA CCTV clip saved to two drives at once — each saved file is primary (Exp 4 / 6). A database record produced from proper custody is primary unless its authenticity is challenged (Exp 5).

✗ Not this‘Primary’ for e-records does not mean unchallengeable — Explanation 5 expressly yields “unless it is disputed”. A disputed record may still require further proof of authenticity.

illustrationThe placards — primary of each other, not of the original

In one lineIdentical placards printed from one original are each primary evidence of one another — but none is primary of the original’s contents.

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.the placardsplacards all printed at one time from one original — any placard is primary of any other placard’s contents, but none is primary of the original’s contents.

ExampleHold up placard #3 to prove what placard #7 says — fine, both are primary of each other. But you cannot use a placard to prove the wording of the master/original — for that the original is needed.

✗ Not thisDo not confuse ‘printed together’ (each primary of the rest, Exp 3) with ‘a copy of an original’ (secondary as to that original). The line is exactly what the illustration draws.

Connected provisions

§ 56

Primary or secondary

§ 56 named the two routes; § 57 defines the first.

§ 58 · next

Secondary evidence

The fallback — copies and accounts, and when they are allowed.

§ 61

Electronic records

Explanations 4–7 sit alongside the BSA’s electronic-record provisions.

lineage

IEA 1872, § 62

Carried forward — expanded for electronic and digital records.