The Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Evidence Act, 1872 on 1 July 2024, classifies documentary evidence into two categories: primary evidence and secondary evidence. This distinction is foundational in the law of evidence because it determines the mode in which a document may be proved before a court.
Primary Evidence
Section 57 BSA: Primary evidence means the document itself produced for the inspection of the court.
Primary evidence is the original document. It is the best and most direct form of proof. Where a document is executed in several parts, each part constitutes primary evidence of the document as a whole. Similarly, where multiple copies of a document are made simultaneously by a mechanical or electronic process, each copy is primary evidence of the document. Under Section 57 BSA, electronic records certified under Section 63 are also treated as primary evidence when produced in the prescribed manner; a significant update from the older framework to accommodate digital documents.
Secondary Evidence
Section 58 BSA: Secondary evidence includes certified copies, copies made from the original by mechanical processes, counterparts of documents, and oral accounts of the contents of a document given by a person who has himself seen it.
Secondary evidence is permitted only when primary evidence cannot be produced. Section 59 BSA sets out the conditions under which secondary evidence is admissible: where the original is in the possession of the opposing party and has not been produced despite a notice to produce; where the original has been destroyed or lost; where the original is a public document of which a certified copy is admissible; where the original is not easily movable; or where the original is an entry in a banker’s book.
Key Distinction
| Parameter | Primary Evidence | Secondary Evidence |
| Definition | The original document itself. | Copies, transcripts, or oral accounts of the original. |
| Admissibility | Always admissible without precondition. | Admissible only when primary evidence is unavailable. |
| Evidentiary Weight | Highest probative value. | Lower; subject to scrutiny and conditions. |
| Relevant Provision | Section 57 BSA | Sections 58–59 BSA |
The BSA also incorporates electronic records more explicitly into this framework than the old Indian Evidence Act did, reflecting the reality that most modern documents exist in digital form. The distinction between primary and secondary evidence continues to be of great practical significance in civil and criminal proceedings alike.