Documentary Evidence MCQ Quiz - Objective Question with Answer for Documentary Evidence - Download Free PDF

The correct answer is Document other than a public document

Key Points

• Private Document is defined implicitly under Section 75 of the Indian Evidence Act, 1872.
• It states:
• All documents other than public documents are private documents.
  • So, if a document is not declared public under Section 74, it is considered private.
  • Examples include: contracts, wills, rent agreements, personal letters, etc.

Additional Information

• Document executed in a family – May or may not be private; not a defining criterion.
• Secret document – Irrelevant term in Evidence Act; secrecy isn’t a basis for classification.
• Document in custody of private person – Custody does not define whether a document is public or private.

The correct answer is Secondary Evidence - 62 of the Evidence Act

Key Points

• Section 62 of the Indian Evidence Act, 1872:
• Refers to Primary Evidence, not secondary.
• Primary evidence means the original document itself produced in court.
• Secondary Evidence is actually defined under Section 63:
  • It includes certified copies, photostats, oral accounts of contents, etc.
  • Used when original (primary) evidence is lost, destroyed, or otherwise unavailable.
  • So, the match "Secondary Evidence – Section 62" is incorrect as it confuses primary and secondary evidence.

Additional Information

• Opinions of Experts – Section 45 – Deals with the admissibility of expert opinions in matters like science, handwriting, and foreign law.
• Leading Question – Section 141 – Defines what constitutes a leading question during examination of witnesses.
• Number of Witnesses – Section 134 – States that no particular number of witnesses is required to prove any fact.

The correct answer is 05 years old

Key Points

• Under Section 90A of the Indian Evidence Act, 1872 (inserted by the Information Technology Act, 2000):
  • "Where any electronic record purporting or proved to be five years old is produced from proper custody, the Court may presume that the digital signature affixed to such record was affixed by the person by whom it purports to have been affixed."
• This is similar to the presumption under Section 90 for physical documents (30 years).
• For electronic records, the age required is 5 years.
• The presumption is discretionary (i.e., the Court may presume), not mandatory.

Additional Information

• 30 years old – Applies to physical documents, not electronic ones.
• 3 years old – Too recent for presumption under Section 90A.
• 6 years old – No specific provision exists for 6 years; 5 years is the threshold.

The correct answer is Court may presume its execution

Key Points

• Presumption as to Documents Thirty Years Old (Section 90, Indian Evidence Act) This section applies to documents that are thirty years old or more.
• When such a document is produced in court from proper custody, the court may presume:
  • That the signature on the document is genuine.
  • That every part of the document in handwriting is actually written by the person whose handwriting it purports to be.
  • That if the document is executed or attested, it was duly executed and attested by the persons who appear to have done so.
• Proper custody means the document is kept:
  • In the place where it would naturally be found, and
  • Under the care of the person who would normally have it.
• Improper custody is not automatically invalid if:
  • It has a legitimate origin, or
  • Circumstances make such custody probable.
• The rule of proper custody applies to Section 81 also.

Additional Information

• Court shall presume its execution – Wrong; the word used is "may presume", not "shall".
• Presumption not involved – Incorrect; presumption does apply under Section 90.
• None of the above – Incorrect; the correct legal position is clearly stated in the first option.

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 option 1.Key Points

• Section 73 of Indian Evidence Act 1872 deals with Comparison of signature, writing or seal with others admitted or proved.
• In order to ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing, or seal has not been produced or proved for any other purpose.
• The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.
• This section applies also, with any necessary modifications, to finger-impressions.

The correct answer is option 1.Key Points

• Section 65A of Indian Evidence Act 1872 deals with Special provisions as to evidence relating to electronic record.
• The contents of electronic records may be proved in accordance with the provisions of section 65B.
• Section 65B of Indian Evidence Act 1872 deals with Admissibility of electronic records.
• (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible.
• (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: ––
  • (a) The computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;
  • (b) During the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
  • (c) Throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and
  • (d) The information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.

The correct answer is: Certified copy

Key PointsSection 76 of the Indian Evidence Act, 1872: Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees there for, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies.

Explanation. -- Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.

Additional Information Section 76 of the Indian Evidence Act, 1872 gives us the method of getting certified copies of public documents from the public officer. It states that if a public document is open to inspection, its copy may be issued to any person who is demanding it. The copy of the public document is issued on payment of legal fees and a certificate shall be attached thereof, containing the following particulars:

1. That it is a true copy.
2. The date of the issue of the copy.
3. The name of the officer and his official title.
4. The seal of the office, if there is any.
5. It must be dated.
6. When these particulars are mentioned in the copy, then only it is considered as a Certified Copy.

The correct answer is option 2.

Key Points

•  The special provision regarding evidence relating to electronic records in the Indian Evidence Act, 1872, is mentioned in Section 65A.
• This section introduces the recognition and admissibility framework for electronic records within the legal evidence structure, acknowledging the growing prevalence and importance of digital data and communication in the modern era. Section 65A states:
  • "Contents of electronic records may be proved in accordance with the provisions of Section 65B."

• Section 65A thus serves as a gateway provision, indicating that the contents of electronic records are subject to a specific method of proof as detailed in the subsequent Section 65B, which lays down the conditions under which electronic records are admissible as evidence.

​ Additional Information

• The justification for including Section 65A within the Indian Evidence Act, 1872, and its significance can be understood through the following:

• Acknowledgment of Technological Advancements: In the digital age, information and communication technology have become integral to all aspects of life, including the legal domain. With the advent of electronic commerce, digital communication, and electronic storage of information, it became necessary to evolve the legal framework to effectively recognize and process electronic forms of evidence. Section 65A acknowledges this transition and formally incorporates electronic records into the legal evidence framework.

• Legal Certainty and Framework: Section 65A provides legal certainty regarding the admissibility of electronic records, ensuring that parties relying on such evidence have a clear foundation in law. This is crucial in disputes where vital information is stored or communicated electronically, requiring a specific legal basis for its acceptance and examination in court.

• Standardizing Evidence Authentication: By referring to Section 65B for the detailed process, Section 65A ensures that electronic records are subject to a standardized method of authentication and verification. This is vital for maintaining the integrity and reliability of evidence presented in legal proceedings, considering the ease with which digital data can be altered or manipulated.

• Aligning with International Practices: The inclusion of provisions like Section 65A signifies the Indian legal system's alignment with global practices regarding electronic evidence. Many legal systems worldwide have adapted to include electronic records as part of evidence law, recognizing their significance and the necessity for a formal framework to regulate their admissibility and evaluation in court.

• In essence, Section 65A of the Indian Evidence Act, 1872, justifies its existence and significance by establishing the legal acceptability of electronic records, setting the stage for detailed conditions under Section 65B. It acknowledges the reality of the digital era, ensuring that the legal evidence framework remains comprehensive, relevant, and equipped to handle contemporary forms of communication and record-keeping.

The correct answer is option 3.

Key Points

• Public Documents are documents or records that are authenticated by the public officer.
• Public documents, as per 74 of Indian Evidence Act include:
  • Acts or records of acts of sovereign authority.
  • Acts or records of official bodies and tribunals.
  • Acts or records of public officers, whether legislative, judicial, or executive, in any part of India, the Commonwealth, or a foreign country.
  • Public records kept in any State related to private documents.
• They are made available to the public for reference and use.

• Public documents hold a special status in legal proceedings due to their presumed authenticity and reliability.

• They are often admissible as evidence without the need for further proof of their authenticity.

Additional Information

• ​ Here's a breakdown of Section 74:

• 1. Documents forming the acts or records of the acts of:

  • (i) Sovereign authority,
  • (ii) Official bodies and tribunals,
  • (iii) Public officers, legislative, judicial, and executive, either in any part of India or the Commonwealth, or of a foreign country.

• 2. Public records kept in any State of private documents:

  • Public records kept in any State of private documents are also considered public documents.
  • Kinds of public documents and how they are proved: sec 78:

1. 1. Acts, notifications or orders and they are proved by certified records certified by head of department.
2. 2.The Proceedings of the legislatures proved by proceeding published by government.
3. 3.Proclamation, orders or regulations proved by gazette notification.
4. 4.This Acts of the executive or the proceedings of the legislature of foreign legislatures proved by official journals published by their authority and by certified copy of legal keeper.
5. 5.Proceedings of municipal bodies in a state proved by printed published books of authority.
6. 6.Public documents of any other class in a foreign country proved by duly or of an diplomatic agent or by Indian consul, certified by notary public that the copy is duly certified by legal keeper.
7.  

• Examples of public documents:
• Census Report of India, Birth and death registers of Municipalities, Confessions recorded by magistrate u/s. 164 of Cr.P.C., Notice u/s 106 of Cr.P.C. etc.

The correct answer is option 2.

Key Points

• No evidence will be admissible unless it is the best evidence that nature will allow.
• Best evidence includes the best evidence which is available to a party and procurable under the existing situation, and all evidence falling short of such standard, and which in its nature suggests there is better evidence of the same fact, is secondary evidence.
• According to the Best Evidence Rule, highest available degree of proof must be produced.
• Rule of Best Evidence are as follows-
  • Exclusion of oral by documentary evidence
  • Exclusion of secondary evidence by primary evidence
  • Exclusion of hearsay evidence
  • Power of Court u/s 165 of Indian Evidence Act, S 311,313 of Code of Criminal Procedure, Order 18 Rule 17, Order 16 Rule 15 Code of Civil Procedure.
• The Best Evidence Rule gains an important place in Criminal Law. As the criminal justice system in India is based on the concept of beyond reasonable doubt, hence the Best Evidence Rule is the best match.
• Best Evidence Rule was introduced with the aim to prevent fraud and adhere to the idea of Natural Justice.
• Section 64 outlines the best evidence rule for documentary evidence in the Indian Evidence Act, stating that the best evidence of the contents of the document is the original document itself. The contents of the document must be proved by producing the original in court. Section 65 acts as an exception to this rule.

​

Additional Information

•  Section 65 of the Indian Evidence Act outlines the circumstances in which secondary evidence related to documents can be presented in legal proceedings.
• Secondary evidence refers to evidence that is not the original document but is used to prove the content, existence, or condition of the original. 

• Here's a breakdown of the cases in which secondary evidence is admissible:

• Possession or Power:

  (a) When the original document is in the possession or power of the person against whom it is sought to be proved, or of a person out of reach of the court's process, or of a person legally bound to produce it, and that person, after proper notice, fails to produce it.

• Admission in Writing:

  (b) When the existence, condition, or contents of the original document have been proved to be admitted in writing by the person against whom it is proved or by their representative in interest.

• Loss or Destruction:

  (c) When the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for reasons not arising from their own default or neglect, produce it in a reasonable time.

• Immovable Nature of Original:

  (d) When the original document is of such a nature that it is not easily movable.

• Public Document:

  (e) When the original document is a public document within the meaning of Section 74.

• Certified Copy Permitted by Law:

         (f) When the original document is one for which a certified copy is permitted by the Indian Evidence Act or any other law in force in India to be given in evidence.

• Numerous Accounts or Documents:

        (g) When the originals consist of numerous accounts or other documents that cannot conveniently be examined in court, and the fact to be proved is the general result of the whole collection.

In cases (a), (c), and (d), any secondary evidence of the contents of the document is admissible. In case (b), the written admission is admissible. In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. In case (g), evidence may be given as to the general result of the documents by any person who has examined them and is skilled in the examination of such documents.

The correct option is Option 1.

Key Points

• Section 68: Proof of execution of document required by law to be attested.
• Under Section 68 of the Indian Evidence Act, when a document is required by law to be attested, it must be proved that it was properly attested by at least one credible witness.
• There is an exception mentioned in the section.
• Section 68 of the Indian Evidence Act of 1872 states:
  • "If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for purpose,, execution, if there is an attesting witness alive, and subject to the process of the Court and capable of giving evidence:
    • Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied."
• The proviso to Section 68 exempts the requirement of calling an attesting witness for documents (other than a will) that have been registered under the Indian Registration Act, 1908.
• In such cases, if the execution of the document is specifically denied, then it may be necessary to prove it through an attesting witness.
• However, if there is no specific denial, the registration itself serves as proof of the execution of the document, and there is no need to call an attesting witness.

The correct answer is option 4.Key Points

• Section 62 provides Primary evidence, under the Indian Evidence Act, refers to the original document itself.
• It is the best evidence that is available, and its production in court is generally required for the purpose of proving a fact. Primary evidence is considered more reliable and direct compared to any secondary evidence like copies or reproductions.
• Explanation 1 of Section 62 says Where a document is executed in several parts, each part is primary evidence of the document.
  • Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.
• Explanation 2 of Section 62 says Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest, but, where they are all copies of a common original, they are not primary evidence of the contents of the original.

Additional Information​ 

• Sections 62 to 67 of the Indian Evidence Act provide details about primary and secondary evidence. In essence, primary evidence is the actual document or object that is the subject of the dispute or the evidence required to prove a particular fact.
• Section 91 provides When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself.

Correct answer is option 3

Key Points

•  Section 68 of the Indian Evidence Act says if a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence.
•  A "will" refers to a formal document that outlines a person's wishes regarding the distribution of their property and the care of their minor children (if any) after their death. This legal document is also known as a "last will and testament." The person creating the will is called the "testator" (if male) or "testatrix" (if female).

The correct answer is Documentary Evidence.

Key Points

• Chapter V of the Indian Evidence Act, 1872, provides for Documentary Evidence.
• Chapter V constitutes Section 61 to Section 90 A.

Additional Information

• Section 3 of the Indian Evidence Act, 1872, provides for the definition of document.
• It states that ––“Document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. 
• Documentary evidence in the Indian Evidence Act refers to any material object that is presented to a court or tribunal as proof of a fact. It may include physical objects such as contracts, invoices, receipts, photographs, videos, audio recordings, emails, text messages and other types of written or recorded material. The purpose of documentary evidence in the Indian Evidence Act is to provide objective and reliable proof of the existence of facts that are relevant to a legal proceeding.