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Which of the following is not ‘evidence’ within the meaning of Section 2(1)(e) of the Bharatiya Sakshya…

Section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 3 of the Indian Evidence Act, 1872) defines ‘evidence’ to mean and include: (i) all statements,…

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Which of the following is not ‘evidence’ within the meaning of Section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023?

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Correct answer D

Section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 3 of the Indian Evidence Act, 1872) defines ‘evidence’ to mean and include: (i) all statements, including statements given electronically, which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry (oral evidence), and (ii) all documents, including electronic or digital records, produced for the inspection of the court (documentary evidence). Depositions of witnesses recorded at the trial fall under oral evidence, while documents and electronic records produced for the inspection of the court fall under documentary evidence. A report of a Commissioner appointed for local investigation under Order XXVI, Rule 9 of the Code of Civil Procedure, 1908 is neither a statement made by a witness before the court nor a document produced by a party for inspection under Section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023; instead, it is treated as evidence in the suit by virtue of the special provision in Order XXVI, Rule 10(2) of the Code of Civil Procedure, 1908.

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