It seems there's a misunderstanding. The Indian Evidence Act, 1872 is a statute, not a court case. Section 63(3) is a provision within that Act. Therefore, there isn't a specific "case" to summarize in the way you've requested. However, I can explain Section 63(3) and its relevance.
Explanation of Section 63(3) of the Indian Evidence Act, 1872
Short Summary Section 63(3) of the Indian Evidence Act, 1872, defines one type of secondary evidence. It states that copies made from or compared with the original are admissible as secondary evidence. This means a copy of a document can be presented as evidence in court if the original document is unavailable, provided the copy's accuracy can be demonstrated.
Facts The Indian Evidence Act, 1872, deals with the admissibility of evidence in Indian courts. Section 63 outlines different kinds of secondary evidence. The relevant fact is that Section 63(3) specifically addresses copies of original documents. The underlying principle is that the best evidence is the original document itself (primary evidence). However, when the original is unavailable or its production is impractical, secondary evidence becomes admissible under certain conditions.
Issues The core issue addressed by Section 63(3) is: Under what circumstances can a copy of a document be admitted as evidence in court when the original document is not available? The related issue is establishing the reliability and accuracy of the copy.
Arguments (Hypothetical) Since this is a statutory provision, there are no specific petitioner/respondent arguments in the same way as a court case. However, in a hypothetical scenario where a party is attempting to admit a copy under Section 63(3):
Party Admitting the Copy (Hypothetical Petitioner): Would argue that the original document is unavailable (e.g., lost, destroyed, in possession of the opposing party who refuses to produce it). They would also argue that the copy being presented is a true and accurate representation of the original, perhaps by providing testimony from someone who compared the copy to the original.
Opposing Party (Hypothetical Respondent): Would argue that the original document is, in fact, available and should be produced. They might also challenge the accuracy of the copy, arguing that it has been altered or does not accurately reflect the contents of the original.
Court's Reasoning (Hypothetical) In a hypothetical court scenario, the court would need to determine:
Conclusion Section 63(3) allows copies of original documents to be admitted as secondary evidence, provided certain conditions are met, and the copy's accuracy is established. The admissibility is ultimately determined by the court based on the specific facts and circumstances of the case, considering the provisions of Section 65 regarding when secondary evidence is admissible.
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