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Report No. 185

Section 63

We are of the view that clauses (b) and (g) of section 65 cannot be included in the definition of 'secondary evidence' by adding them to section 63 because they do not bring in the whole document. But, as clauses (b) and (g) of section 65 make evidence admissible, otherwise then of the original document, such evidence must be 'secondary evidence', if it is not 'primary evidence' because we do not have a third category. Thus section 63 cannot ignore the concepts behind clauses (b) and (g) of section 65. The only way this can be achieved, and further scope for scientific developments can also be given, is to drop the word "means and" from the opening portion of the section 63.

In the 69th Report, three clauses were separately considered (see paras 29.23 to 29.28) and it was stated that no amendment was called for except in clauses (3) and (5) of section 63. In clause (3) of section 63, for the words 'made from or compared', the words 'made from and compared' will have to be substituted. Similarly in clause (5), for the words 'given by some person who has himself seen it', the words 'given by some person who has himself read it', shall be substituted.



Review of the Indian Evidence Act, 1872 Back




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