Site navigation

Under the Bharatiya Sakshya Adhiniyam, 2023, Gaurav, an accused, wants to tender an accurately proved…

Section 59 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 64 of the Indian Evidence Act, 1872) ordinarily requires primary evidence but recognizes statutory…

Choose your answer

Under the Bharatiya Sakshya Adhiniyam, 2023, Gaurav, an accused, wants to tender an accurately proved carbon copy of a relevant suicide note as secondary evidence. The original is in the opposite party's possession, and that party has failed to produce it after valid notice under section 64. Assume the copy meets section 58 and all other requirements of relevance, authenticity and admissibility are established. Which statement is correct?

Select one answer
Answer and explanation

Correct answer A

Section 59 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 64 of the Indian Evidence Act, 1872) ordinarily requires primary evidence but recognizes statutory exceptions. Section 60(a) permits secondary evidence where the adverse holder fails to produce the original after notice under section 64. With the copy and other evidentiary foundations established, this copy can be admitted.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic