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Which of the following is not a secondary evidence under the Bharatiya Sakshya Adhiniyam, 2023 ?
Explanation
The Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Evidence Act, 1872, significantly expands the definition of evidence to include modern digital formats. Under Section 57 of the BSA, which defines Primary Evidence, Explanation 7 explicitly states that where a digital record is stored in multiple storage spaces in a computer resource, each such automated storage, including temporary files, shall be primary evidence.
In contrast, Section 58 defines Secondary Evidence, which includes:
- Oral admissions and written admissions (Section 58(vi) and (vii)).
- Copies made from the original by mechanical processes or compared with the original (Section 58(ii) and (iii)).
Since the scenario described in Option D is legally classified as primary evidence under the new Act, it is not secondary evidence. This provision ensures parity between physical originals and digital records stored across various system layers.