Section 62: Primary evidence

Now in the BSA

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)A certificate under Section 65B(4), Evidence Act is a condition precedent to admitting secondary evidence of an electronic record; Anvar P.V. was affirmed as clarified, and Shafhi Mohammad and Tomaso Bruno were held not to state the law correctly.
• Anvar P.V. v. P.K. Basheer (2014)Secondary evidence of an electronic record is admissible only with a certificate under Section 65B(4) of the Evidence Act; Navjot Sandhu was overruled on this point, and the election petition based on uncertified CDs failed.

Questions on this section

4 questions in 17 of our papers cite Section 62. Try these from the free papers:

1. 1. Z is found in possession of fifty identical posters, all printed at one time from one original design. In a prosecution relating to the content of the posters, any one of these posters is:

   A.primary evidence of the contents of the other posters, but not of the contents of the originalB.no evidence of any contents unless it is first compared with the original designC.secondary evidence of the contents of the other posters, as all of them are copiesD.primary evidence of the contents of the original design from which all the posters were printed
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2. 2. Under Section 57 of the BSA, where a document is executed in several parts:

   A.only the part signed first is primary evidence of the documentB.each part is primary evidence of the documentC.no part is primary evidence until all the parts are produced togetherD.each part is secondary evidence of the contents of the others
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3. 3. Match List I (section of the BSA) with List II (subject): List I A. Section 57 B. Section 58 C. Section 60 D. Section 64 List II 1. Rules as to notice to produce 2. Primary evidence 3. Cases in which secondary evidence relating to documents may be given 4. Secondary evidence

   A.A-4, B-2, C-3, D-1B.A-3, B-4, C-2, D-1C.A-2, B-4, C-1, D-3D.A-2, B-4, C-3, D-1
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