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Q127 (CISF/2021) Polity & Governance › Governance, Policies & Social Justice

Content of a document under Section 61 of the Indian Evidence Act, 1872 may be proved by

Explanation

Section 61 of the Indian Evidence Act, 1872 explicitly states that the contents of documents may be proved either by primary evidence or by secondary evidence. This section lays down the general rule for the mode of proof of documentary evidence.

  • Primary Evidence (defined in Section 62) refers to the document itself produced for the inspection of the Court.
  • Secondary Evidence (defined in Section 63) includes certified copies, copies made from the original by mechanical processes, or oral accounts of the contents of a document given by some person who has himself seen it.

While Section 64 generally requires documents to be proved by primary evidence, Section 65 provides specific circumstances under which secondary evidence may be given. Note: The 1872 Act has been replaced by the Bharatiya Sakshya Adhiniyam, 2023, where Section 57 corresponds to the former Section 61.

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