Bharatiya Sakshya Adhiniyam, 2023 - Chapter V: Documentary Evidence

Section 56 BSA 2023: Proof of Contents of Documents

Section 56 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the basic rule for proving the contents of documents before a court. It provides that documentary contents may be proved either by primary evidence or by secondary evidence, subject to the detailed rules contained in the succeeding provisions.

Section 56 - Proof of contents of documents:
The contents of documents may be proved either by primary or by secondary evidence.

Meaning and scope of Section 56

Section 56 is the starting point for documentary evidence under Chapter V of the Bharatiya Sakshya Adhiniyam, 2023. The section does not, by itself, say that every document can automatically be proved by a copy or other substitute. Instead, it recognizes two legally permitted modes of proof: primary evidence and secondary evidence.

The nature of those two forms of evidence is explained in the immediately following provisions. Section 57 deals with primary evidence, while Section 58 deals with secondary evidence. Section 59 contains the general rule for proof by primary evidence, and Section 60 specifies the situations in which secondary evidence relating to documents may be given.

Primary evidence and secondary evidence

Primary evidence

In general terms, primary evidence is the document itself produced for the inspection of the Court. It is the normal and preferred mode of proving the contents of a document, subject to the statutory rules applicable to the particular document or record.

Secondary evidence

Secondary evidence refers to legally recognized substitutes for primary evidence. It becomes relevant only where the requirements of the Bharatiya Sakshya Adhiniyam are satisfied. The party relying on secondary evidence must therefore bring the case within the applicable statutory rule governing its admissibility.

Important: Section 56 states the two permissible modes of proof, but admissibility and the manner of proof depend on the later provisions of the BSA. For electronic or digital records, the special provisions in Section 61, Section 62 and Section 63 should also be read where applicable.

Practical effect of Section 56

The contents of a document cannot ordinarily be proved merely by oral assertion when the law requires documentary proof.
The original document is generally the primary means of proving its contents.
Secondary evidence is not an unrestricted alternative; the statutory conditions for relying on it must be met.
The rule applies to documentary evidence generally, while electronic and digital records are additionally governed by the special provisions of the BSA.
Questions about execution, signature, attestation, certified copies and public documents are governed by the later sections of Chapter V.

Section 56 and the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. It came into force on 1 July 2024. Section 56 appears in Chapter V, titled "Of Documentary Evidence". The provision should therefore be read as part of the complete statutory scheme governing proof of documents, including primary evidence, secondary evidence, electronic records, signatures, attestation and public documents.

Related BSA provisions

Updated: 13 September 2026. This page is intended as a general legal information resource. For a particular proceeding, the complete statutory text and applicable judicial decisions should be examined.