Under Section 16 of the Bharatiya Sakshya Adhiniyam

Solution

This provision is governed by Section 16 of the BSA, 2023 (which corresponds to Section 22 of the repealed Indian Evidence Act, 1872). 1. The "Best Evidence" Rule The law of evidence is founded on the principle that the best evidence must be produced. For a document, the "best evidence" is the document itself (Primary Evidence). Oral accounts of what is written in a document are considered inferior and prone to error or manipulation. 2. The Statutory Rule (Section 16 BSA) Section 16 creates a general bar on oral admissions regarding documents, but provides two specific exceptions: • Exception 1: Right to Secondary Evidence: If a person can prove that the original document is lost, destroyed, or in the possession of an adverse party (conditions mentioned in Section 64 BSA), they may be allowed to give oral admissions as secondary evidence. • Exception 2: Genuineness is in Question: If a document is produced in court, but one party claims it is a forgery or not genuine, oral evidence can be admitted to settle the question of its authenticity.