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

The correct answer is All of these options 

Key Points

• The law governing secondary evidence is provided under Section 65 of the Indian Evidence Act, 1872. This section states that secondary evidence may be given in certain circumstances when the original document cannot be produced.
• When the original is of such a nature as not to be easily movable (Section 65(a)): If a document is physically immovable or difficult to move (e.g., inscriptions on a monument, large registers, or public records), secondary evidence may be given.
• When the original has been destroyed or lost (Section 65(c)): If the original document is destroyed, lost, or otherwise unavailable, secondary evidence may be given, provided the loss is not intentional and efforts have been made to find it.
• When the original is shown or appears to be in the possession or power of any person legally bound to produce it (Section 65(b)): If a document is in the possession of a person who refuses to produce it, secondary evidence can be given after proving that a legal notice to produce the document was served on that person.

The correct answer is Secondary evidence.

Key PointsUnder the Indian Evidence Act, 1872, a document transcribed from a copy of another document and compared with the copy of the original document is considered secondary evidence as per Section 63.

Additional Information

• Section 62 of Indian Evidence Act is Primary evidence refers to the original document itself.
• A transcription (even if compared with the copy of the original) does not qualify as primary evidence because it is not the original document.
• Such a transcription would fall under the definition of secondary evidence, as it derives from another source and is not the original.

The correct answer is Option 1

Key Points This case addresses the admissibility of evidence recorded via video conferencing under the Indian Evidence Act, 1872. With the rapid advancement of technology, the court was faced with the question of whether electronic evidence could be accepted within the legal framework.

• The complainant’s wife was diagnosed with cancer. Dr. Greenberg, a medical expert, opined that surgery was unnecessary and that the condition could be managed with medication.
• However, upon seeking a second opinion, another surgeon advised an operation, which led to the removal of the uterus.
• Following the surgery, the complainant’s wife passed away, leading to the registration of a case under Sections 338, 109, and 114 of the Indian Penal Code, 1860.
• The Maharashtra Medical Council conducted an inquiry and found the respondent guilty.
• During the trial, the prosecution sought Dr. Greenberg’s expert opinion. While he agreed to testify, he was unwilling to travel to India and instead offered to provide evidence through video conferencing.
• The trial court permitted video conferencing, but the High Court ruled against it, insisting that evidence must be recorded in the physical presence of the accused.
  Key Issues:-
  Is evidence recorded via video conferencing admissible?
  Does the term ‘presence’ under Section 273 of the Code of Criminal Procedure, 1973, require only actual physical presence in court?

Supreme Court Observations:

• The High Court misinterpreted Section 273 CrPC, which does not strictly require physical presence but rather constructive presence.
• The Court clarified that evidence can be oral, documentary, or electronic, including video conferencing.
• The primary duty of the court is to ensure justice. An acquittal due to the failure to produce crucial evidence would amount to a miscarriage of justice.
• Law must evolve with technological advancements and should embrace new methods of recording evidence.
• Video conferencing fulfills the requirements of Section 273 CrPC, provided that:
  • The witness is comfortable giving testimony through video conferencing.
  • The accused and their counsel are present during the proceedings.
  • The Magistrate ensures that the witness testifies properly and the proceedings are conducted fairly.
• The Court held that Dr. Greenberg’s testimony was essential for delivering justice, and allowing video conferencing was justified.

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 option 1.Key Points

•  Section 76 of Indian Evidence Act 1872 deals with Certified copies of public documents.
• 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. 

The correct option is To ensure the adaptability of electronic records in courtrooms.

Key Points

• Digital evidence is defined as the “ information of probative value that is stored or transmitted in binary form.
• Evidence is not only limited to that found on computers but may also extend to include evidence on digital devices like telecommunication or electronic multimedia devices.
• The Indian legal system incorporates technology into its proceedings through the Amendment Act of 2000 to the Indian Evidence Act of 1872.
• The amendment was introduced on 17 October 2000 and added sections 65A and 65B to the Indian Evidence Act.
• Both sections are keeping the concerns regarding the authenticity of electronic records intact and to ensure their adaptability in courtrooms.
• Section 65B:- It is mandatory for the admissibility of electronic evidence.
• Section 65A:- It provides a special provision for electronic records to be considered as evidence.
• Section 65B (4):- Electronic records are submitted as evidence in the court they are treated as "documents" under the Evidence Act as the content of a memory card to a crime is considered a "document" rather than a "material object."

The correct answer is 2000

Key PointsIntroduction of technology in Indian legal proceedings via the 2000 Amendment Act to the Indian Evidence Act aimed at addressing authenticity concerns of electronic records.

• Addition of Sections 65A & 65B to ensure adaptability of electronic evidence in courtrooms.
• Admissibility of electronic evidence in Indian courts subject to extensive debate due to ambiguity in provisions.
• Classification of electronic evidence as secondary evidence raises questions on its admissibility.
• Key query: Is compliance with Section 65B mandatory for admitting electronic evidence?
• Uncertainty on when the certificate under Section 65B should be produced: before evidence submission or during legal proceedings.
• Validity of electronic evidence and its applicability in civil and criminal cases remains uncertain.

The correct answer is Electronic Signature Certificate.

Key Points

• Section 85-C of the Indian Evidence Act, 1872, provides for the Presumption as to Electronic Signature Certificates.
• It states that –– The Court shall presume, unless contrary is proved, that the information listed in a Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.

The correct answer is 2000.

Key Points

• Section 65 A and Section 65 B of the Indian Evidence Act, 1872, provides for Special provisions as to evidence relating to electronic record and Admissibility of electronic records respectively.
• Section 65A- 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- 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. 

The correct answer is Secondary evidence.

Key Points

• Section 63 of the Indian Evidence Act, 1872, provides for Secondary evidence.
• It states that–– Secondary evidence means and includes ––
  (1) certified copies given under the provisions hereinafter contained;
  (2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;
  (3) copies made from or compared with the original;
  (4) counterparts of documents as against the parties who did not execute them;
  (5) oral accounts of the contents of a document given by some person who has himself seen it.