Evidence Act · Chapter V · Of documentary evidence

Evidence Act section 64 in the BSA

Evidence Act 64BSA 59

Evidence Act section 64, “Proof of documents by primary evidence”, is now BSA section 59 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 64 to BSA 59

Now BSA section 59, with the same rule.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 64 Proof of documents by primary evidence

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

Bharatiya Sakshya Adhiniyam, 2023

Section 59 Proof of documents by primary evidence

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

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).