Under Chapter V of the Bharatiya Sakshya Adhiniyam, 2023, which of the following qualifies as primary evidence?
Show answer & explanation
Correct answer: A
Explanation
Answer: A counterpart document executed by one of the parties
Explanation: Under Chapter V of the Bharatiya Sakshya Adhiniyam, 2023, primary evidence refers to the original document itself or its legally recognized equivalent.
A counterpart document executed by one of the parties is considered primary evidence because it is part of the original execution of the agreement and has independent legal validity.
Other options like photocopies, typed copies, or summaries are considered secondary evidence, which are admissible only under specific conditions (such as loss or unavailability of original documents).
Additional Key Facts
Primary evidence includes:
Original documents
Parts of a document executed in counterparts
Documents produced by uniform process (in certain legal interpretations)
Secondary evidence includes:
Photocopies
Oral accounts of document contents
Copies made later without legal execution
The Bharatiya Sakshya Adhiniyam, 2023 replaces the earlier Indian Evidence Act, 1872.
It modernizes rules of evidence for digital and electronic records as well.
Potential Exam-Oriented Questions & Answers
Question: Which law did the Bharatiya Sakshya Adhiniyam replace?
Answer: Indian Evidence Act, 1872
Question: What is a counterpart document?
Answer: A document executed in parts by different parties but forming one agreement