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Which statement is incorrect under the Bharatiya Sakshya Adhiniyam, 2023? In the examples concerning written terms, assume there is no basis to give secondary evidence.

Question and options

Which statement is incorrect under the Bharatiya Sakshya Adhiniyam, 2023? In the examples concerning written terms, assume there is no basis to give secondary evidence.

  1. If the terms of a contract are contained in several letters, each letter containing part of the terms must be proved.

  2. If the terms of a contract are contained in a bill of exchange, that bill must be proved.

  3. If a bill of exchange is drawn in a set of three, proof of one part suffices.

  4. If a person gives a receipt for a payment, oral evidence of the fact of payment is barred.

Answer and explanation

Correct answer: D - If a person gives a receipt for a payment, oral evidence of the fact of payment is barred.

Section 94 distinguishes proof of the terms of a written contract from proof of an event that a document happens to record. Its illustrations cover contracts in multiple letters, a contract in a bill of exchange, and a bill in a set. The receipt illustration allows oral evidence of the payment itself.

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