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

Sunil, a suitor in a civil case, fails to bring a bond on which he relies to the first hearing. He later seeks to produce it. What is the effect of Section 3 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 3 does not allow Sunil to produce the bond later as of right. He can do so only in accordance with the conditions prescribed by the Code of Civil Procedure, 1908, because the section cannot enable proof barred by civil procedure law.

  1. AThe section lets him produce the bond at any later stage since it proves a fact in issue
  2. BThe section does not enable him to produce it at a later stage except as the Code of Civil Procedure, 1908 allowsCorrect
  3. CThe bond is automatically inadmissible forever under the Adhiniyam
  4. DThe section lets the court admit it only if the opposite party consents in writing

Explanation

The Explanation to Section 3 says it does not enable a person to prove a fact he is disentitled to prove under the law relating to civil procedure. Illustration (b) says the bond may be produced later only in accordance with the conditions in the Code of Civil Procedure, 1908. Option A ignores this limit.

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