According to Section 57 of the Bharatiya Sakshya Adhiniyam, 2023, Primary Evidence consists of original documents or materials that are directly submitted in court. Section 62 of the Indian Evidence, 1872 defines Primary Evidence to mean the documents itself produced for the inspection of the court.

• Explanation 1: When a document is executed in multiple parts, each part serves as primary evidence of the entire document.
• Explanation 2: In cases where a document is executed in counterparts, and each counterpart is signed by one or more of the parties involved, each counterpart is considered primary evidence against the parties that executed it.
• Explanation 3: When several documents are created through the same uniform method, such as printing, lithography, or photography, each serves as primary evidence of the others' contents. However, if they are merely copies of a shared original, they do not serve as primary evidence of the original's contents.

New Explanations in Section 57 BSA which were absent in Section 62 IEA:

• Explanation 4: When an electronic record is created or stored with the simultaneous or sequential execution of multiple functions, that record is not effective against any individual other than the one who acquires ownership rights, having been informed of such activities.
• Explanation 5: If the production of any electronic record or digital copy from someone's possession is demonstrated, that electronic record or digital copy is not considered primary evidence unless the custody of that record is contested.
• Explanation 6: If a video recording is created electronically while it is being transmitted, broadcast, or communicated to the public, every resulting recording is deemed as primary evidence.
• Explanation 7: When an electronic or digital record is saved in different places on a computer, every copy of that storage, including temporary files, is considered primary evidence.

Explanation of Primary Evidence with Examples:

Primary Evidence is the actual document presented for examination. Examples include a signed contract in a breach of contract lawsuit, original property deeds in land disputes, or CCTV footage that directly records a crime. For example, in cases of forgery, the original cheque featuring the purported forged signature acts as primary evidence. Likewise, in criminal cases, a weapon used in the crime that is brought before the court is regarded as primary evidence, which is vital for establishing the facts.

Primary evidence is generally favoured since it provides the most direct and genuine demonstration of the matter at hand. Under specific situations, secondary evidence may be acceptable, particularly when the original document is missing, damaged, or otherwise inaccessible. Nevertheless, secondary evidence tends to be examined more rigorously for its authenticity and precision.

Under this Section, carbon copies can be regarded as primary evidence. However, a xerox copy cannot be accepted as evidence if the original document is unavailable. Additionally, a letter authored by a witness after the investigation has commenced is not admissible in court. Conversely, a letter composed by a police officer to their superior could be accepted as evidence provided the author of the letter is called for examination and cross-examination. Furthermore, an unregistered partition deed is not permissible as evidence.

Lastly, a document submitted by the prosecution that has not been exhibited or formally established may be used by the defence to challenge the prosecution's claims.

In the case of Neeraj Dutta v. State of (Govt. of N.C.T. of Delhi) AIR 2023 Supreme Court 330, it was ruled that secondary evidence should not be accepted without a sufficient reason being given for non-production of the original (primary evidence).

Electronic Records as Primary Evidence

• Original emails complete with full metadata and timestamps.
• Electronically signed contracts stored in secure electronic formats.
• System logs that provide details on user access and transactions.
• SMS or instant messages retained in their original format.
• Electronic voting records maintained in their original electronic format.

Digital Records as Primary Evidence

• Original digital images featuring timestamps from a camera or smartphone.
• Website content accompanied by metadata detailing the publication time.
• Unchangeable blockchain transactions logged on a distributed ledger.
• Database records such as financial transactions, complete with time stamps.
• Securely stored digitally signed contracts that guarantee authenticity.