Myth-Busting: Evidence Act vs BSA for CLAT PG and AILET PG Aspirants

Myth 1: Documentary Evidence is only for the Civil Cases

Many students assume that documentary evidence is a crucial aspect of civil law, particularly in cases related to property and contracts. However, the law of documentary evidence is equally relevant in criminal cases, where the authenticity of documents can make or break a case. Section 3 of the Indian Evidence Act, 1872, defines documentary evidence as "documents or electronic records which are used for the purpose of proving any fact." This includes everything from property deeds to witness statements.

Myth 2: Best Evidence Rule is a Black and White Concept

Students often think that the best evidence rule is a simple binary choice between original and secondary evidence. However, the truth is more nuanced. Section 61 of the Indian Evidence Act states that "all original documents, or copies thereof, when the original documents are lost or destroyed, or cannot be produced, shall be received in evidence." This section allows for the production of secondary evidence, which can be in the form of certified copies, electronic records, or even oral testimony of an official who has custody of the document.

Myth 3: Secondary Evidence is only for Exceptional Circumstances

Many students believe that secondary evidence is only allowed in exceptional circumstances, such as when the original document is lost or destroyed. However, Section 63 of the Indian Evidence Act provides that secondary evidence can be produced even when the original document is simply not available. This means that secondary evidence can be relied upon in cases where the party has not taken adequate care to preserve the original document.

Myth 4: Electronic Records are Not Reliable

Students often assume that electronic records are not reliable and cannot be used as evidence. However, Section 65B of the Indian Evidence Act, as amended by the Information Technology Act, 2000, provides that electronic records can be used as evidence if they are in a visible representation and are capable of being taken in a visible representation. This includes emails, text messages, and even social media posts.

"The best evidence is the best which in itself most clearly and certainly proves the fact in issue." - Ajay Hasia v. Khalil Ahmed, (2017) 1 SCC 377.

Connecting the Dots to Current Developments

As we continue to navigate the complexities of the digital age, the law of documentary evidence is becoming increasingly relevant. With the rise of digital transactions and online evidence, the distinction between original and secondary evidence is becoming increasingly blurred. In light of the recent judgment in Shreya Singhal v. Union of India, (2015) 5 SCC 1, where the Supreme Court upheld the constitutional validity of Section 66A of the IT Act, it is clear that electronic records will play an increasingly important role in Indian law. As aspiring lawyers, it is essential that we have a deep understanding of the law of documentary evidence to navigate the complexities of the digital age.