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CS Professional · Internal and Forensic Audit · Forensic Audit and Indian Evidence Law

A forensic auditor reviews a case file where a document is produced before the Court purporting to be a confession by an accused person, taken in accordance with law and purporting to be signed by a Magistrate. Which statement correctly reflects Section 79?

Section 79 covers a confession or statement by an accused person taken in accordance with law and purporting to be signed by a Judge, Magistrate or authorised officer. The Court shall presume it is genuine and was duly taken, without requiring the accused to admit the signature.

  1. AThe Court shall presume the confession was duly taken, as the document purports to be signed by the MagistrateCorrect
  2. BThe Court may presume the confession was duly taken only if the accused admits the signature
  3. CThe presumption applies only to witness evidence and not to statements or confessions of accused persons
  4. DThe presumption applies only if the document is an electronic record at least five years old

Explanation

Section 79 expressly covers a statement or confession by a prisoner or accused person, taken in accordance with law and purporting to be signed by a Judge, Magistrate or authorised officer. The Court shall presume genuineness and due taking. The five-year rule belongs to Section 93, which deals with electronic signatures.

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