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    Question

    Consider the following statements regarding documentary

    evidence and secondary evidence under Sections 54-60 of the Bharatiya Sakshya Adhiniyam, 2023: Statement 1: Secondary evidence is only admissible when the original document has been lost or destroyed. Statement 2: When the original document is in the possession of the opposing party and they have been given notice to produce it but fail to do so, secondary evidence is admissible. Statement 3: Certified copies of documents are admissible as secondary evidence without needing to prove that the original is inaccessible. Statement 4: The testimony of a person who has examined a document and possesses skill in document examination can constitute secondary evidence. Which statements are correct?
    A Statements 1 and 3 only Correct Answer Incorrect Answer
    B Statements 2 and 4 only Correct Answer Incorrect Answer
    C Statements 2, 3, and 4 only Correct Answer Incorrect Answer
    D Statements 1, 2, and 3 only Correct Answer Incorrect Answer
    E All statements are correct Correct Answer Incorrect Answer

    Solution

    Section 58 and 60 of BSA provide multiple scenarios where secondary evidence is admissible beyond mere loss/destruction, making Statement 1 incorrect. Section 58 provides that when the original is in adverse possession and notice to produce is given but the document is not produced, secondary evidence is admissible, making Statement 2 correct. Section 58 also permits certified copies as secondary evidence, making Statement 3 correct. Section 60 of BSA explicitly provides that "oral and written admissions" and "the testimony of a person who has examined the document and is skilled in the examination of documents" constitute secondary evidence, making Statement 4 correct. Statements 2, 3, and 4 are correct, not 1.

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