CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence
A clerk copies a letter from a copy, and the new copy is afterwards compared with the original of the letter. Another clerk makes a further transcription from the first copy without comparing it with the original, though the first copy had been compared with the original. Which statement is correct under section 58 illustrations?
The copy that was afterwards compared with the original is secondary evidence, while the further transcription that was never compared with the original is not, even though its source copy had been compared. This follows from illustration (c) to section 58 of the Bharatiya Sakshya Adhiniyam, 2023.
- ABoth transcriptions are secondary evidence
- BNeither transcription is secondary evidence
- COnly the copy not compared with the original is secondary evidence
- DThe copy afterwards compared with the original is secondary evidence, but the copy not so compared is not, even though the copy from which it was transcribed was comparedCorrect
Explanation
Illustration (c) to section 58 states that a copy transcribed from a copy but afterwards compared with the original is secondary evidence. A copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared. Hence the second transcription fails the test, and the first copy qualifies.
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