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

Dhruv's company denies the existence of a written agreement, but Dhruv's own letter admits in writing that the original agreement existed and states its contents. The original is not produced. Under section 60, what may be admitted as secondary evidence in this situation?

The written admission itself is admissible. Section 60(b) allows secondary evidence where the person against whom the document is proved has admitted its existence, condition or contents in writing, and the Explanation states that, for that clause, the written admission is admissible.

  1. AAny kind of secondary evidence of the contents
  2. BOnly a certified copy of the original
  3. COral evidence of a witness who saw the original
  4. DThe written admission itselfCorrect

Explanation

Section 60(b) permits secondary evidence when the existence, condition or contents of the original are proved to be admitted in writing by the person against whom it is proved. The Explanation to that section says that for clause (b) the written admission is admissible. Any secondary evidence applies only to clauses (a), (c) and (d), and certified copies to clauses (e) and (f).

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