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A witness who has personally seen a document gives an oral account of its contents. How does section 58…

Section 58(v) classifies this firsthand oral account as secondary evidence. Section 57 identifies production of the document itself as primary evidence. Whether the account…

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A witness who has personally seen a document gives an oral account of its contents. How does section 58 of the Bharatiya Sakshya Adhiniyam, 2023, classify that account?

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Answer and explanation

Correct answer C

Section 58(v) classifies this firsthand oral account as secondary evidence. Section 57 identifies production of the document itself as primary evidence.

Whether the account may be admitted in a particular case is a separate question governed by the applicable conditions in section 60.

Option feedback

Option A

Section 57 ordinarily identifies primary evidence as the document itself produced for inspection.

Option B

A spoken description is a form of secondary evidence identified in section 58(v).

Option C

Section 58(v) includes an oral account given by a person who has seen the document.

Option D

A description based on seeing the document does not depend on the specialised expertise contemplated by section 39.

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