§ SECTION 59 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Proof of documents by primary evidence

The pivot of the chapter. Documents shall be proved by primary evidence — the original itself — except in the cases mentioned in § 60. In one line, this is the best-evidence rule: original first, substitute only when the law allows.

How to read Section 59

One rule, one door.

The rule

Documents shall be proved by primary evidence — the original.

The door

Except in the cases § 60 lists — where secondary evidence is allowed.

The idea

The best-evidence principle — prefer the original, always.

The bare Act

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

Section 59 · verbatim

Documents shall be proved by primary evidence except in the cases hereinafter mentioned.

In short: this single sentence is the hinge of the documentary-evidence chapter. Having defined primary (§ 57) and secondary (§ 58) evidence, the Act now sets the order of preference: the original is required. The words “except in the cases hereinafter mentioned” are not a loophole — they point precisely to § 60, which lists the defined situations in which secondary evidence may be given (loss or destruction, the document being in the opponent’s or a stranger’s hands, public documents, and so on). Until such a ground is shown, primary evidence it must be.

→ This carries forward IEA 1872 § 64 — the best-evidence rule for documents.

Glossary

primary evidence

The original document itself — § 57.

shall

Mandatory — not a matter of the party’s choice.

secondary evidence

A substitute — allowed only under § 60 (§ 58 lists the kinds).

hereinafter mentioned

The cases set out later — principally § 60.

best-evidence rule

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

ground

The § 60 fact that must be proved before secondary evidence is received.

The picture

The rule, and the one door out of it.

The section, part by part

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

The ruleRule & exceptions

the ruleThe original is the rule — substitutes are the exception

In one lineA document must be proved by primary evidence (the original) — except in the specific cases the next section (§ 60) allows.

Documents shall be proved by primary evidencethe RULE: prove by the originaldocuments must, as a rule, be proved by primary evidence — the original itself…

except in the cases hereinafter mentioned.except where § 60 allows…except in the cases the following section (§ 60) sets out — where secondary evidence is permitted.

ExampleTo prove a will, produce the original will (primary). Only if it is shown to be lost or destroyed may a copy be given — and only because § 60 permits it.

✗ Not this‘Shall be proved by primary evidence’ is mandatory. You cannot simply hand up a photocopy for convenience — secondary evidence needs a § 60 ground first.

rule & exceptionsHow § 59 works with § 60

In one line§ 59 states the rule (primary evidence); § 60 lists the exceptions. Secondary evidence is never a free choice — a § 60 ground must be shown first.

primary is the defaultproduce the originalthe ordinary way to prove a document is to produce the original in court.

secondary is the exceptiononly in the § 60 casesa substitute (secondary evidence) is allowed only in the enumerated § 60 situations — lost, in the opponent’s hands, public documents, and so on.

the ground comes firstprove the ground, then the copythe party offering secondary evidence must first establish the § 60 ground — only then is the copy received.

ExampleThe original lease is in the opponent’s possession and, though given notice, he does not produce it — that § 60 ground once shown, a copy becomes admissible.

✗ Not thisThis is the best-evidence principle in one line. Do not read ‘except in the cases hereinafter mentioned’ as a general escape — it points to the closed list in § 60.

Connected provisions

§ 57

IEA 1872, § 64

Carried forward — proof of documents by primary evidence.

Bharatiya Sakshya Adhiniyam, 2023 — Section 59: Proof of documents by primary evidence