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    Question

    Which of the following do not constitute evidence

    within the meaning of Section 3 of the Evidence Act?
    A Contents of Panchnama Correct Answer Incorrect Answer
    B All documents produced for inspection of the Court Correct Answer Incorrect Answer
    C Tape recording of Conversation Correct Answer Incorrect Answer
    D Electronic record produced for inspection of the Court Correct Answer Incorrect Answer

    Solution

    Evidence— “ Evidence” means and includes— (1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence; (2) all documents including electronic records produced for the inspection of the Court, such documents are called documentary evidence. A Panchanama is a record of what the Panchs (Witness) see and the same can be proved only when the said Panchs stand in the witness box and testify on oath as to what they saw during the Panchanama. The main intention behind conducting Panchanama is to guard the case from unfair dealings on the Part of the Officers. The Panchanama can be used as a corroborative piece of evidence. It cannot be said to be a substantive piece of evidence, and hence relying only on the Panchanama in absence of any substantive evidence cannot attract conviction.

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