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

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.

• 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.

• 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 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.

• 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 An unregistered family partition deed

Key Points

• Under Section 74 of the Indian Evidence Act, 1872, public documents include:
  • Acts or records of acts of:
  • Sovereign authority
  • Official bodies and tribunals
  • Public officers (legislative, judicial, and executive)
  • Public records kept in any State or Central Government office.
• Now, evaluate each option:
  • An unregistered family partition deed
    • Not a public document
    • It is a private agreement and not in official or public records.
• A registered sale deed
  • Public document
  • Once registered under the Registration Act, it becomes a part of public records.
• A decision of the High Court
  • Public document
  • Judicial decisions are official acts of a public authority.
• A decision of the Civil Court
  • Public document
  • Judgments delivered by courts are public records.

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.