Indian evidence law | Updated 20 October 2026

Section 64 of the Indian Evidence Act: Proof of Documents by Primary Evidence

Section 64 of the Indian Evidence Act, 1872 established the general rule that documents must be proved through primary evidence, subject to legally recognised exceptions. The corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 is Section 59.

Text of Section 64 - Indian Evidence Act, 1872

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

This short provision stated the normal method of proving the contents of a document in court. It was read with Section 62 (primary evidence), Section 63 (secondary evidence) and Section 65 (when secondary evidence may be given).

Section 59 of Bharatiya Sakshya Adhiniyam, 2023

Heading: Proof of documents by primary evidence.

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

Section 59 continues the central rule of the former Section 64. Ordinarily, the original document or other material qualifying as primary evidence must be produced to prove documentary contents. Exceptions permitting secondary evidence are governed by the applicable provisions, particularly Section 60 of the Bharatiya Sakshya Adhiniyam.

What is primary evidence?

Primary evidence generally means the document itself produced for inspection of the court. Under Section 57 of the Bharatiya Sakshya Adhiniyam, the concept also addresses documents executed in several parts or counterparts, documents made by a uniform process, and specified electronic or digital records.

For example, when a party relies on a signed agreement, producing the original signed agreement is the ordinary way of proving its contents. Producing the document does not automatically establish that a disputed signature is genuine or that every statement in it is true; separate requirements for authenticity, execution, relevance and admissibility may apply.

When can secondary evidence be used?

Section 60 of the Bharatiya Sakshya Adhiniyam specifies circumstances in which secondary evidence of a document may be given. Depending on the statutory conditions, examples include:

• The original is in the possession or power of another person who fails to produce it after the required notice, where applicable.
• The original has been lost or destroyed, or cannot be produced for a reason not arising from the party's own default or neglect.
• The original is not easily movable.
• The original is a public document, or a certified copy is permitted by law.
• The originals comprise numerous accounts or other documents and the fact to be proved is their general result, subject to statutory safeguards.

The kind of secondary evidence permitted depends on the particular statutory ground. A photocopy is not automatically admissible merely because it is available.

Electronic and digital documents

The Bharatiya Sakshya Adhiniyam expressly addresses electronic and digital records. Section 57 recognises specified electronic records as primary evidence, while Sections 61 to 63 contain provisions relevant to electronic or digital records, including conditions for admissibility of computer output. Whether a particular printout, recording, file or device output can be relied upon depends on the statutory requirements and the manner in which it is produced.

For historical context, see Section 65A and Section 65B of the Indian Evidence Act.

Old and current provisions at a glance

Practical implications

1. Identify the document and the particular fact it is offered to prove.
2. Determine whether the original or another form qualifying as primary evidence is available.
3. If relying on secondary evidence, identify and establish the applicable statutory ground.
4. For electronic records, assess the specific statutory conditions and any certificate requirement.
5. Consider separate proof of signatures, execution, authenticity and relevance where disputed.

Application to pending proceedings

The Bharatiya Sakshya Adhiniyam repealed the Indian Evidence Act, 1872, subject to the saving clause in Section 170. Where a trial, application, inquiry, investigation, proceeding or appeal was pending immediately before 1 July 2024, the saving provision must be considered in determining the applicable evidence law. The former Act therefore remains important for relevant pending matters and historical legal analysis.

Official legislative sources

• Bharatiya Sakshya Adhiniyam, 2023 - India Code (see Sections 57 to 63 and 170).
• India Code - Central Acts database (search for the Indian Evidence Act, 1872 and Bharatiya Sakshya Adhiniyam, 2023).
• e-Gazette of India (official notifications and commencement information).

This article provides general legal information, not advice on the admissibility of evidence in a particular case.