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

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20.

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

The answer is: D

Explanation

The correct option is D: Secondary evidence.

This is based on Section 63 of the Indian Evidence Act, 1872, which defines secondary evidence as follows:

Secondary evidence means and includes -


(1) Certified copies given under the provisions hereinafter contained;
(2) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;
(3) Copies made from or compared with the original;
(4) Counterparts of documents as against the parties who did not execute them;
(5) Oral accounts of the contents of a document given by some person who has himself seen it.

Therefore, oral accounts of the contents of a document given by some person who has himself seen it fall under the category of secondary evidence, as per clause (5) of Section 63. Secondary evidence is admissible when primary evidence, which means the document itself produced for the inspection of the court, is not available or cannot be obtained by the party who wants to prove its contents.

The other options are incorrect because they do not correspond to the terms used in Section 63 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. Direct evidence is evidence that directly proves or disproves a fact in issue, such as eyewitness testimony, confessions, etc. Circumstantial evidence is evidence that indirectly proves or disproves a fact in issue by inference from other facts, such as motive, opportunity, alibi, etc. Best evidence is another term for primary evidence, which means the document itself produced for the inspection of the court.