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CS Professional · Internal and Forensic Audit · Cyber Forensics

A forensic auditor at Nair Pharma Ltd finds that the original electronic file was lost in a fire, through no default or neglect of the company. The company wants to prove the file's contents using a copy. Under Section 60 of the Bharatiya Sakshya Adhiniyam, 2023, what applies?

Secondary evidence may be given because the original was lost without the party's default, and under Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 any secondary evidence of the contents is admissible in such a case. The certified-copy restriction applies only to public documents and similar cases.

  1. ASecondary evidence may be given, and any secondary evidence of the contents is admissibleCorrect
  2. BSecondary evidence is barred because the original was electronic
  3. COnly a certified copy is admissible
  4. DOnly the written admission of the opposing party is admissible

Explanation

Section 60(c) permits secondary evidence when the original has been destroyed or lost, or cannot be produced for reasons not arising from the party's own default. Explanation (i) says that for clauses (a), (c) and (d) any secondary evidence of the contents is admissible. The certified-copy limit applies only to clauses (e) and (f).

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