documentary evidence

The Bharatiya Sakshya Adhiniyam, 2023 divides evidence into oral and documentary. Documentary evidence means all documents, including electronic or digital records, produced for the court's inspection (s.2(1)(e) BSA, old s.3). A document is any matter expressed or described on any substance by letters, figures or marks, and now expressly includes electronic and digital records.

The contents of a document are proved by primary evidence (the document itself, s.57 BSA, old s.62) or, in the cases allowed, by secondary evidence such as certified or mechanical copies (s.58, old s.63). The general rule is that a document must be proved by primary evidence. Oral evidence cannot be used to vary the terms of a written contract or grant once it is proved.

Example

The photocopy of the agreement is only secondary documentary evidence, admissible only after the party lays a foundation for not producing the original.

In Indian law

• Section 2(1)(e) BSA (old s.3 Evidence Act): definition of evidence
• Sections 57 and 58 BSA (old ss.62 and 63): primary and secondary evidence

See also

evidence · electronic record · direct evidence

Read more in the study notes

• Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
• Negotiable instruments: meaning, characteristics, promissory note, bill of exchange and cheque (Banking Law)
• Bail, anticipatory bail and bonds (Bharatiya Nagarik Suraksha Sanhita)
• Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
• Admissions: definition, persons whose admissions are relevant, and evidentiary value (Bharatiya Sakshya Adhiniyam)
• Facts which need not be proved, and oral evidence (sections 51 to 55) (Bharatiya Sakshya Adhiniyam)