Question

Which of the following is not 'Secondary evidence' as per Section 63 of Indian Evidence Act, 1872?

• A. Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies.
• B. Copies made from or compared with the original.
• C. Oral accounts of the contents of a document given by some person who has himself seen it.
• D. Copies not certified under Section 63.

Hint:

For secondary evidence to be admissible under the Indian Evidence Act, the copies must be certified or meet other specific criteria.

Answer 1

The Correct Option is D

Step 1: Understanding the Question.
Section 63 of the Indian Evidence Act discusses secondary evidence. Secondary evidence refers to copies or reproductions of original documents. However, copies that are not certified do not qualify as secondary evidence.
Step 2: Analysis of Options.
- (A) Copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy: This is correct and considered secondary evidence.
- (B) Copies made from or compared with the original: This is correct and considered secondary evidence.
- (C) Oral accounts of the contents of a document given by some person who has himself seen it: This is correct, as it is another form of secondary evidence.
- (D) Copies not certified under Section 63: This is incorrect, as un-certified copies cannot be considered secondary evidence.
Step 3: Conclusion.
Thus, the correct answer is (D) Copies not certified under Section 63.