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    Question

    Under Section 57 of the Bharatiya Sakshya Adhiniyam,

    2023, which statement correctly defines primary evidence and its scope?
    A Primary evidence means the best available evidence of any fact, such as witness testimony Correct Answer Incorrect Answer
    B Primary evidence means the document itself produced for the inspection of the Court Correct Answer Incorrect Answer
    C Primary evidence must always be supported by secondary evidence to be admissible Correct Answer Incorrect Answer
    D Primary evidence applies only to civil proceedings, not criminal trials Correct Answer Incorrect Answer
    E Only original documents qualify as primary evidence; copies are always secondary evidence Correct Answer Incorrect Answer

    Solution

    Section 57 of the BSA defines: "Primary evidence means the document itself produced for the inspection of the Court." The Explanations clarify: (1) Multi-part documents: each part is primary evidence of the whole; (2) Counterpart documents: each counterpart is primary evidence against the executing parties; (3) Documents made by uniform process (printing, lithography): each copy is primary evidence of other copies; but if all are copies of a common original, none is primary evidence of the original. The statutory framework prioritizes original documents as primary evidence. The counterpart principle (Explanation 2) addresses documents executed by different parties—each executed copy is primary evidence against that party because they executed it. This ensures document authenticity through original production.

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