Question

Oral accounts of the contents of a document given by some person who has himself seen it is

• A. Direct evidence
• B. Circumstantial evidence
• C. Best evidence
• D. Secondary evidence

Hint:

Be clear on the five types of secondary evidence listed in Section 63. Oral accounts under Section 63(5) are the only form of oral evidence that can be used to prove the contents of a document. All other types of secondary evidence are themselves documents (e.g., certified copies, photocopies).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks to classify a specific type of evidence: a verbal testimony about what a document contained, given by someone who has personally read or seen that document. This falls under the rules for documentary evidence in the Indian Evidence Act, 1872.
Step 2: Detailed Explanation:
We need to refer to the definition of "Secondary Evidence" under the Act. \begin{itemize} \item Section 63 of the Indian Evidence Act defines the kinds of secondary evidence. \item Clause (5) of Section 63 explicitly states that secondary evidence includes "oral accounts of the contents of a document given by some person who has himself seen it." \end{itemize} Therefore, such testimony is not direct evidence of the facts in the document, nor is it the "best evidence" (which would be the original document itself). It is a recognized form of secondary evidence, which may be admissible if the conditions for giving secondary evidence under Section 65 are met (e.g., the original document is lost or destroyed).
Step 3: Final Answer:
An oral account of a document's contents by a person who has seen it is classified as Secondary evidence.