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

Anita sues to prove the contents of a written lease. She has no original or copy but wants to prove contents by the oral admission of the defendant Vikas about what the lease said. Under the Adhiniyam, when are oral admissions as to contents of a document relevant?

Oral admissions about a document's contents are relevant only if the party proposing them first shows entitlement to give secondary evidence of those contents, or if the genuineness of a produced document is in question. Otherwise they are not relevant, as section 20 provides.

  1. AAlways, because an admission is the best evidence
  2. BOnly if Vikas is the author of the document
  3. CUnless and until the proposing party shows entitlement to give secondary evidence of the contents, or the genuineness of a document produced is in questionCorrect
  4. DOnly when the admission was made before a court

Explanation

Section 20 makes oral admissions as to contents of a document irrelevant unless the party proposing them shows entitlement to give secondary evidence under the rules, or the genuineness of a produced document is in question. Anita must first bring herself within section 60, for example by showing loss of the original.

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