primary evidence

Primary evidence means the document itself produced for inspection. Where a document is executed in several parts, each part is primary evidence; where executed in counterparts, each counterpart is primary evidence against the party who signed it; and documents made by one uniform process, such as printing, are each primary evidence of the contents of the rest.

The contents of a document must be proved by primary evidence, except in the cases where secondary evidence is allowed, for example when the original is lost or in the possession of the opposite party who fails to produce it after notice. The BSA adds that an electronic record produced from proper custody is primary evidence.

Example

Since the original sale deed was produced as primary evidence, no question of admitting a photocopy arose.

In Indian law

• s.57 BSA (old s.62 Evidence Act): primary evidence
• s.58 BSA (old s.63 Evidence Act): secondary evidence

See also

secondary evidence · documentary evidence · best evidence rule · electronic record

Read more in the study notes

• Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
• Documentary evidence: primary and secondary evidence, and electronic and digital records (sections 56 to 63) (Bharatiya Sakshya Adhiniyam)
• Examination-in-chief, cross-examination and re-examination (Bharatiya Sakshya Adhiniyam)
• First hearing, framing of issues, discovery, admissions, affidavits and adjournments (Civil Procedure Code and Limitation Act)
• Electronic evidence under the BSA (Cyber Law)
• Cyber law: quick revision and practice (Cyber Law)