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

All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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87.

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.

The answer is: D

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The correct option is D: Copies not certified under Section 63.

According to Section 63 of the Indian Evidence Act, 1872², secondary evidence means and includes:

- Certified copies given under the provisions hereinafter contained;

- Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;

- Copies made from or compared with the original;

- Counterparts of documents as against the parties who did not execute them;

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

Therefore, copies that are not certified under Section 63 do not fall under the definition of secondary evidence and are not admissible as such.