As per the Bharatiya Sakshya Adhiniyam, 2023, in which of the following circumstances cannot secondary…
Under sections 59 and 60 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly sections 64 and 65 of the Indian Evidence Act, 1872), documents must ordinarily be proved by…
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As per the Bharatiya Sakshya Adhiniyam, 2023, in which of the following circumstances cannot secondary evidence of a document be given?
Answer and explanation
Correct answer B
Under sections 59 and 60 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly sections 64 and 65 of the Indian Evidence Act, 1872), documents must ordinarily be proved by primary evidence, and secondary evidence may be given only in the specified cases. Mere possession of the original by the party seeking to prove it does not justify replacing it with secondary evidence. Section 60 permits secondary evidence where, among other cases, the original is in the possession or power of the person against whom it is sought to be proved and is not produced after notice under section 64, where it has been destroyed or lost or cannot be produced for any other reason not arising from the proponent's default or neglect, and where it is not easily movable.
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