Source: Jharkhand High Court 

Why in News? 

The Jharkhand High Court overturned a lower court's decision in the matter of Budhuwa Oraon v. Ghura Oraon, allowing the introduction of documentary evidence after the initial filing of written statements. This ruling clarifies that courts have the discretion to admit late evidence if it's crucial for just adjudication and the delay is justified. 

• The High Court's ruling favors a flexible interpretation of civil procedure, permitting the late submission of crucial documentary evidence despite procedural timelines. 

What was the Background of Budhuwa Oraon v. Ghura Oraon? 

• Ghura Oraon filed Suit against Budhwa Oraon and others, seeking to nullify certain deeds and mutation orders. 
• Budhwa Oraon (defendant) filed a written statement, but later sought to introduce additional documents during the plaintiff's evidence stage. 
• 21st September 2016, the Civil Judge (Junior Division)-I, Gumla rejected the defendant's application to produce these additional documents. 
• Budhwa Oraon filed a writ petition in Jharkhand High Court challenging this order. 

What were the Court’s Observations? 

• The trial court erred in rejecting the defendant's application solely because no reason was given for not producing the documents earlier. 
• Documentary evidence can be admitted at a later stage if: 
  • Due diligence was exercised in attempting to produce it earlier 
  • The documents are necessary for adjudicating the issues between parties 
• This allowance persists even after the deletion of Order XVIII Rule 17A of the Civil Procedure Code. 
• To maintain fairness, the plaintiff should be given an opportunity to present rebuttal evidence if new documents are admitted. 
• The court emphasized that procedural rules should not impede the just resolution of cases when parties have valid reasons for delayed document production. 

What is Documentary Evidence? 

• Definition 
  • The word document has been defined under Section 2(d) of the Bharatiya Sakshya Adhiniyam, 2023.(BSA) 
    • Any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records 
  • Under BSA Chapter 5 deals with documentary evidence Section 56 to 73 of the Act. 
• Position under Indian Evidence Act, 1872:  
  • Under the Indian Evidence Act 1872(IEA), a document includes writings, maps, and caricatures BSA adds that electronic records will also be considered as documents.  
• Types:  
  • Documentary evidence includes primary and secondary evidence. 
    • Primary evidence includes the original document and its parts, such as electronic records and video recordings. 
    • Secondary evidence contains documents and oral accounts that can prove the contents of the original. 
      • The BSA expands secondary evidence to include: (i) oral and written admissions, and (ii) the testimony of a person who has examined the document and is skilled to examine the documents. 
• Doctrine: 
  • This principle comes from the doctrine of vox Audita Perit, literra Scripta Manet which means spoken words vanish whereas only the written words remain.  
  • This means when there is evidence in front of the court, one is the oral evidence, and the other is the documentary evidence supremacy will be given to the documentary Evidence. 
• Admissibility of Electronic or Digital Records as Evidence:  
  • Documentary evidence includes information in electronic records that have been printed or stored in optical or magnetic media produced by a computer. 
  • Such information may have been stored or processed by a combination of computers or different computers. 
• Documentary evidence has been categorized in three parts (as per BSA): 
  • General rules concerning proving documentary evidence in various cases are dealt with under sections 56 to 73. 
  • Second is the public documents which are dealt with under sections 74 to 77 and 
  • Finally, it is Section 78 to 93 which deals with presumptions as to the documents. 

What are the Important Legal Provisions? 

• Section 57 deals with Primary evidence. 
  • It states that Primary evidence means the document itself produced for the inspection of the Court. 
    • Explanation 1. —Where a document is executed in several parts, each part is primary evidence of the document.  
    • Explanation 2. —Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. 
    • Explanation 3. —Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original. Facts admitted need not be proved. Proof of facts by oral evidence. Oral evidence to be direct. Proof of contents of documents. Primary evidence.  
    •  Explanation 4. —Where an electronic or digital record is created or stored, and such storage occurs simultaneously or sequentially in multiple files, each such file is primary evidence.  
    • Explanation 5. —Where an electronic or digital record is produced from proper custody, such electronic and digital record is primary evidence unless it is disputed. 
    • Explanation 6. —Where a video recording is simultaneously stored in electronic form and transmitted or broadcast or transferred to another, each of the stored recordings is primary evidence. 
    • Explanation 7. —Where an electronic or digital record is stored in multiple storage spaces in a computer resource, each such automated storage, including temporary files, is primary evidence. 
• Section 58 deals with Secondary evidence. 
  • It includes: - 
    • (i) certified copies given under the provisions hereinafter contained; 
    • (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies;  
    • (iii) copies made from or compared with the original;  
    • (iv) counterparts of documents as against the parties who did not execute them;  
    • (v) oral accounts of the contents of a document given by some person who has himself seen it;  
    • (vi) oral admissions;  
    • (vii) written admissions;  
    • (viii) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents. 
• Sections 65 to 73 of BSA deal with the documents to be attested. This means that whenever you go to court you also need to prove the genuine nature of the document you presented before it. Hence mere presentation of the document in the court is not enough but must be proved as well. 
• Section 65 deals with proof of signature and handwriting of person alleged to have signed or written document produced. 
• Section 66 deals with proof as to electronic signature. 
• Section 67 deals with Proof of execution of document required by law to be attested. 
• Section 68 deals with proof where no attesting witness found 
• Section 69 deals with admission of execution by party to attested document 
• Section 70 deals with proof when an attesting witness denies execution. 
• Section 71 deals with proof of documents not required by law to be attested. 
• Section 72 deals with comparison of signature, writing or seal with others admitted or proved. 
• Section 73 deals with proof as to verification of digital signature.