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Under section 60 of the Bharatiya Sakshya Adhiniyam, 2023, in which of the following situations may secondary evidence be given, subject to applicable statutory conditions? 1. The original is not…

Question and options

Under section 60 of the Bharatiya Sakshya Adhiniyam, 2023, in which of the following situations may secondary evidence be given, subject to applicable statutory conditions?

1. The original is not easily movable
2. The original has been destroyed or lost
3. The original is with a person legally bound to produce it who does not produce it after the required notice

  1. 1 and 2 only

  2. 2 and 3 only

  3. 1 and 3 only

  4. 1, 2 and 3

Answer and explanation

Correct answer: D - 1, 2 and 3

Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 permits secondary evidence where the original cannot easily be moved, is destroyed or lost, or is held by a person legally bound to produce it who fails to produce it after the required notice, so all three situations (1, 2 and 3) qualify. Section 64 governs notice and its exceptions. Mere possession by such a person is insufficient without the applicable notice and nonproduction conditions.

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