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A witness who personally saw an original document gives an oral account of its contents. How does…

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 personally saw an original document gives an oral account of its contents. How does section 58 of the Bharatiya Sakshya Adhiniyam, 2023, classify that account as evidence of the document's contents?

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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 treats the document itself produced for inspection as primary evidence.

Option B

The witness gives an oral account. An affidavit is a sworn written statement.

Option C

Section 58(v) expressly includes an oral account by someone who saw the document.

Option D

A certified copy is a different form of secondary evidence. An oral account is not a certified copy.

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