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Under Section 63 of the Indian Evidence Act, which of the following is included as **secondary evidence**?
A{'text': 'The original document signed by the parties produced for inspection of the Court of competent jurisdiction at the time of hearing of the case under any provision of any law in force', 'label': 'A'}
B{'text': 'A confession recorded by a Magistrate of competent jurisdiction under Section 164 of the Code of Criminal Procedure in respect of any offence alleged to have been committed by the accused', 'label': 'B'}
C{'text': 'Oral accounts of the contents of a document given by some person who has himself seen the original document', 'label': 'C'}
D{'text': 'An admission made by the party in his pleading in any civil suit before any Court of competent jurisdiction in respect of any claim of any nature under any law in force in India', 'label': 'D'}
Answer & Solution
Correct answer: C. {'text': 'Oral accounts of the contents of a document given by some person who has himself seen the original document', 'label': 'C'}
1. Section 63 of the Indian Evidence Act lists five categories of **secondary evidence**:
(1) certified copies;
(2) copies made from the original by mechanical processes ensuring accuracy;
(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**.
2. The original document is **primary evidence** (Section 62), not secondary.
3. Confessions and admissions are different categories of evidence altogether.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 11 (Indian Evidence Act, 1872), pp. 251-272._
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