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Q138 (CISF/2017) Polity & Governance › Governance, Policies & Social Justice

As per the provisions of the Indian Evidence Act, 1872, secondary evidence relating to a document cannot be given when the original

Explanation

Under the Indian Evidence Act, 1872, Section 64 establishes that documents must be proved by primary evidence (the original document) except in specific cases. Section 65 outlines the exceptions where secondary evidence is admissible:

  • Section 65(d): When the original is of such a nature as not to be easily movable (Option A).
  • Section 65(c): When the original has been destroyed or lost (Option C).
  • Section 65(g): When the original consists of numerous accounts or documents which cannot conveniently be examined in Court (Option D).

Section 65(e) specifically allows secondary evidence for public documents. There is no provision allowing secondary evidence simply because a document is a private document; such documents generally require primary evidence unless they fall under other specific exceptions (like being lost or held by an adverse party).

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