Documentary Evidence MCQ Quiz in தமிழ் - Objective Question with Answer for Documentary Evidence - இலவச PDF ஐப் பதிவிறக்கவும்

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 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.

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.