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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Anita Exports sues on a written agreement, the original of which is a public document. It seeks to give secondary evidence of its contents. Under the Adhiniyam, which kind of secondary evidence is admissible in this case?

Only a certified copy is admissible. Where the original is a public document, secondary evidence is permitted, but the Adhiniyam restricts it to a certified copy and excludes every other kind of secondary evidence such as oral accounts.

  1. AAny kind of secondary evidence of its contents
  2. BOral account by a person who has seen the original
  3. CA certified copy only, and no other kind of secondary evidenceCorrect
  4. DA copy compared with the original by a clerk of the party

Explanation

Under section 60(e), secondary evidence is allowed when the original is a public document, and the Explanation (iii) limits this to a certified copy, with no other kind of secondary evidence admissible. Option A applies to clauses (a), (c) and (d).

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