Only one copy of a multi-signed document can be the 'real' original.

Courts treat every signed part of a document executed in multiple originals as primary evidence, not just one.

A photocopy is always as good as the original.

A photocopy is generally treated as secondary evidence, not primary evidence, unless specific legal exceptions apply.

Bharatiya Sakshya Adhiniyam, 2023

Section 57

Primary evidence

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. 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. Illustration. A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.§

Why this exists

Courts have long preferred original documents over copies because originals are less likely to be altered, mistranscribed, or misrepresented. This rule, carried forward from the old Indian Evidence Act, 1872 (Section 62) into the Bharatiya Sakshya Adhiniyam, 2023, sets out what counts as the 'best evidence' of a document's contents, while later explanations extend this idea to modern realities like electronic records, counterparts, and mass-printed materials.

How courts read it

Indian courts, under the earlier Evidence Act, consistently held that where a document is executed in multiple identical originals (such as agreements signed in duplicate), each signed original is primary evidence, not merely the 'first' one. This established principle has been retained and expanded in the 2023 Adhiniyam to explicitly cover electronic and digital records.

Common misconceptions

Myth: Only one copy of a multi-signed document can be the 'real' original.
Fact: Courts treat every signed part of a document executed in multiple originals as primary evidence, not just one.
Myth: A photocopy is always as good as the original.
Fact: A photocopy is generally treated as secondary evidence, not primary evidence, unless specific legal exceptions apply.