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A witness personally reads an original paper document and later gives an oral account of its contents.…

Section 58(v) classifies this firsthand oral account as secondary evidence of contents. Its admissibility depends on whether the Act permits secondary evidence in the…

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A witness personally reads an original paper document and later gives an oral account of its contents. How does the Bharatiya Sakshya Adhiniyam, 2023 classify that account as evidence of the document’s contents?

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Answer and explanation

Correct answer A

Section 58(v) classifies this firsthand oral account as secondary evidence of contents.

Its admissibility depends on whether the Act permits secondary evidence in the circumstances.

Option feedback

Option A

Section 58(v) expressly includes the oral account of a person who has seen the document.

Option B

The witness's recollection is not production of the document itself.

Option C

Personal observation of a document does not turn the account into an expert opinion.

Option D

The witness saw the original firsthand and is not reporting someone else’s observations.

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