Documentary Evidence MCQ Quiz in मल्याळम - Objective Question with Answer for Documentary Evidence - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is secondary evidence

Key Points

• A photostat copy (xerox copy) of a document like a family settlement deed is not the original document.
• According to the Indian Evidence Act, 1872, particularly Sections 61 to 65, when the original document is not available, and certain conditions are fulfilled, secondary evidence may be allowed.
• Section 63 defines secondary evidence, which includes:
  • Photographic copies
  • Certified copies
  • Copies made from the original by mechanical processes
• Section 65 lays down conditions under which secondary evidence can be admitted, such as:
  • When the original is lost or destroyed.
  • When the original is in possession of the opposite party and they fail to produce it despite notice.
  • Therefore, a photostat copy can be admitted as secondary evidence, but only if the court is satisfied that:
  • The original cannot be produced for a valid reason, and
  • The authenticity of the copy is not disputed.

Additional Information

• Primary evidence – Refers to the original document itself (Section 62).
• Original evidence – Not a recognized legal term under the Indian Evidence Act.
• Relevant facts – Refers to facts that are logically connected to the issue, not the form of documentary evidence.

The correct answer is Private document – Section 75 

 Key Points

• Section 75 of the Indian Evidence Act, 1872:
  • Defines Private Documents as all documents other than public documents.
  • Public documents are defined in Section 74, and all others are categorized as private under Section 75.

Additional Information

• Judicial notice – Section 87: Incorrect; Judicial notice is covered under Sections 56 to 57, not 87.
• Admission – Section 48:  Incorrect; Admissions are covered under Sections 17 to 23. Section 48 deals with opinions on customs or usages.
• Accomplice – Section 132: Incorrect; Section 132 deals with witnesses being compelled to answer, while accomplice testimony is addressed in Section 133.

The correct answer is Section 67-A 

Key Points

• Section 67-A of the Indian Evidence Act, 1872 was inserted by Section 92 and Schedule II of the Information Technology Act, 2000.
• Section 67-A reads:
  • "Except in the case of a secure electronic record or a secure digital signature, if the electronic record is alleged to have been signed by any person, the fact that such electronic record was so signed must be proved."
• Key Points:
  • It deals with the proof of digital signature on an electronic record.
  • It makes it necessary to prove that the electronic record was signed by the alleged person, unless it is a secure digital signature, in which case presumption applies under Section 85-B.
  • This section bridges the gap between traditional evidence law and digital/electronic records

Additional Information

• Section 65 – Deals with secondary evidence, not inserted by the IT Act, 2000.
• Section 154(2) – Not a valid section of the Indian Evidence Act; likely a confusion with CrPC.
• Section 67 – Pertains to the proof of signature and handwriting, not specifically digital or electronic signatures.

The correct answer is shall presume

Key Points

• Under Section 85-C, the law states:
  • "The Court shall presume, unless contrary is proved, that the information listed in an Electronic Signature Certificate is correct, if the certificate was accepted by the subscriber."
• This means:
  • If an electronic signature certificate is presented and shown to have been accepted by the user, the court must presume it to be genuine and correct.
  • This is a rebuttable presumption — it can be challenged, but the initial burden is on the opposing party

Additional Information

• may presume – Incorrect, as the language of the section mandates presumption, not discretion.
• shall not presume – Incorrect, this would contradict the provision’s intention.
• may not presume – Incorrect, the section clearly uses the word "shall presume", making it obligatory.

The correct answer is Hand written letter

Key Points

• Under Section 62 of the Indian Evidence Act, 1872, Primary Evidence means the document itself produced for the inspection of the Court. It is the original document.
• A handwritten letter is the original piece of writing, and hence qualifies as primary evidence.

Additional Information

• Photograph of original – It's secondary evidence, not the original document.
• Certified copies – These are secondary evidence under Section 65.
• Oral account of a document – It is not admissible as primary evidence, except in certain exceptional cases.

The correct answer is only each part is a primary evidence of the document

Key Points

• Section 62 (Explanation 2):
  • According to Section 62 of the Indian Evidence Act, which defines primary evidence, Explanation 2 states:
  • "Where a document is executed in several parts, each part is primary evidence of the document."
• What is Meant by "Several Parts"?
  • When a document (like an agreement or contract) is executed in multiple originals (e.g., one copy signed and kept by each party), each signed part is treated as an original.
• Why All Parts Are Treated Equally:
  • This ensures fairness in evidence, as each party holding a part should be able to present primary evidence.
• Illustration:
  • If A and B sign two identical copies of a contract and each retains one, both copies are primary evidence of the same agreement.

Additional Information

• Each part cannot be primary evidence of the document: False — contradicts Explanation 2 of Section 62.
• Each counterpart is secondary evidence: False — counterparts signed by parties are treated as primary, not secondary.
• Only main part is primary while rest is secondary evidence: Incorrect — law makes no such distinction; every signed part is primary.

The correct answer is Electronic agreement

Key Points

• Section 85A of the Indian Evidence Act, 1872:
  • This section was introduced by the Information Technology Act, 2000 to recognize the presumption of validity for electronic agreements.
• Presumption by Court:
  • The court may presume that an electronic record containing an electronic agreement has been concluded and signed by affixing an electronic signature.
• Recognition:
  • The section gives legal recognition to electronic contracts, provided they fulfill conditions like authentication by a Digital Signature Certificate.
• Purpose:
  • It streamlines the process of proving electronic agreements by allowing courts to presume their authenticity, thus supporting e-commerce and digital transactions.
• Example:
  • If two parties sign a contract digitally using verified digital signatures, the court can presume under Section 85A that the electronic agreement is valid and duly executed.

Additional Information

• Option 1. Written Agreement: Dealt with under general contract law and Sections 61–65 of the Evidence Act, not Section 85A.
• Option 2. Oral Agreement: Oral agreements are not governed by Section 85A, which is specific to electronic records.
• Option 4. None of the Above: Incorrect because electronic agreement is explicitly mentioned in Section 85A.

The correct answer is Documentary evidence

Key Points

• Documentary Evidence:
  • Documentary evidence refers to any document or record produced for inspection by the court to prove a fact.
  • It includes written documents, electronic records, photographs, maps, charts, and other tangible records.
• Electronic Records as Documentary Evidence:
  • Under the Indian Evidence Act, 1872, electronic records are classified as documentary evidence.
  • They are presented in court as digital documents or printed copies, supported by certificates under Section 65B for admissibility.
• Why Electronic Records Are Documentary Evidence:
  • Because electronic data represents information recorded or stored in a tangible form (even if digital).
  • It is not oral evidence (spoken testimony) but evidence in recorded/document form.
• Recognition:
  • The law treats electronic records as documentary evidence to ensure they can be scrutinized, verified, and authenticated like physical documents.

Additional Information

• Option 1. Electronic Evidence: Not a distinct legal category under the Indian Evidence Act; electronic records fall under documentary evidence.
• Option 3. Oral Evidence: Oral evidence means verbal statements made by witnesses in court, not documents or records.
• Option 4. Modern Evidence: A non-legal term; the Act does not classify evidence as "modern."

The correct answer is Section 65 B

Key Points 

• Section 65 B – Special Provision for Electronic Records:
  • Section 65B deals specifically with the admissibility of electronic records as evidence.
  • It provides a procedure and certification requirement for proving electronic documents (like emails, digital files, computer records) in court.
• Key Features of Section 65B:
  • Requires a certificate from a person responsible for the electronic record.
  • Certificate must state that the record was produced by a computer or electronic device in the regular course of business.
  • This certificate acts as proof of authenticity and is mandatory for admissibility.
• Purpose:
  • To address the challenges of proving digital evidence due to its intangible and easily alterable nature.
  • Ensures that electronic evidence is reliable and trustworthy before being accepted by the court.
• Importance:
  • Without compliance with Section 65B, electronic evidence may be rejected or challenged as inadmissible.

Additional Information 

• Option 1. Section 65 C: Does not exist in the Indian Evidence Act, 1872.
• Option 3. Section 66 B: Refers to an offense under the Information Technology Act, 2000 (punishment for dishonestly receiving stolen computer resources), not related to evidence.
• Option 4. Section 66 C: Also an IT Act provision (identity theft), unrelated to the evidence admissibility rules.

The correct answer is "based on logic, human experience and natural events and law of nature".

Key Points

• Presumption of fact:
  • Under the Indian Evidence Act, 1872, a "presumption of fact" refers to inferences or conclusions that a court may draw based on logic, human experience, natural events, and the general course of nature.
  • It is not mandated by law but arises from rational thinking and practical knowledge derived from human behavior and circumstances.
  • These presumptions are not conclusive and are rebuttable. This means the opposing party can provide evidence to contradict or disprove these presumptions.
  • Examples of presumptions of fact include the assumption of regularity in official acts, continuity of life, or that a person found in possession of stolen goods shortly after a theft is either the thief or has received the goods knowing them to be stolen.

Additional Information

• Why the other options are incorrect:
  • Option 2 - Based on provisions of law: This applies to "presumptions of law" rather than "presumptions of fact." Presumptions of law are explicitly provided for by statutes and are mandatory unless rebutted, unlike presumptions of fact that are discretionary and based on human reasoning.
  • Option 3 - Cannot be ignored by the court: Presumptions of fact are not binding on the court. The court has the discretion to accept or reject these presumptions based on the circumstances and evidence presented in the case.
  • Option 4 - Is of certain and uniform position: Presumptions of fact are not certain or uniform because they depend on the specific facts and context of each case. Different courts may draw different inferences from similar facts.