All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

Practice Mode:
19.

The contents of documents may be proved either by

A: Primary evidence or by secondary evidence
B: Direct evidence or circumstantial evidence
C: Primary evidence or documentary evidence
D: Primary evidence or direct evidence

The answer is: A

Explanation

The correct option is A: Primary evidence or by secondary evidence.

This is based on Section 61 of the Indian Evidence Act, 1872, which states that the contents of documents may be proved either by primary or by secondary evidence. Primary evidence means the document itself produced for the inspection of the court. Secondary evidence means and includes certified copies, copies made from or compared with the original, counterparts of documents, and oral accounts of the contents of a document given by some person who has seen it. Primary evidence is preferred over secondary evidence, but when primary evidence is not available, secondary evidence may be permitted by the court to prove the contents of the document.

The other options are incorrect because they do not correspond to the terms used in Section 61 of the Indian Evidence Act, 1872. Direct evidence and circumstantial evidence are types of evidence that relate to the facts in issue, not to the contents of documents. Documentary evidence is a broader term that includes both primary and secondary evidence, as well as other kinds of documents such as public records, electronic records, etc. Direct evidence is also a broader term that includes primary evidence, as well as other kinds of evidence that directly prove or disprove a fact in issue, such as eyewitness testimony, confessions, etc.