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

Meera produces a photocopy of a sale agreement made by a mechanical process that itself ensures accuracy of the copy. Under the Bharatiya Sakshya Adhiniyam, 2023, how is this copy classified?

The photocopy is secondary evidence. Section 58 of the Bharatiya Sakshya Adhiniyam, 2023 expressly includes copies made from the original by mechanical processes that themselves ensure accuracy, so such a copy is not primary evidence, though it may be admitted when the law permits secondary evidence.

  1. APrimary evidence, because a photocopy is the same as the original
  2. BSecondary evidence, because copies made by mechanical processes that ensure accuracy are included in secondary evidenceCorrect
  3. CHearsay evidence, which is never admissible
  4. DOral evidence, because it is not the original document

Explanation

Section 58 lists copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy as secondary evidence. It is therefore not primary evidence. It is a document, not oral evidence, and it is not excluded as hearsay.

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