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Q1.

The accused in police custody provides information to the Investigation Officer (IO) under
Section 27 of the Indian Evidence Act. The IO, to ensure its sanctity, soon thereafter calls
independent public witness and records the same in their presence. Whether such information is
admissible in evidence?
Ans. Understanding Section 27 of the Indian Evidence Act: Admissibility of Statements Made by
Accused in Police Custody: Introduction to Section 27
Section 27 of the Indian Evidence Act, 1872, addresses the admissibility of statements made by an
accused person during police custody. It is founded on the principle that when an accused discloses
information that leads to the discovery of a relevant fact, such a statement should be considered
admissible evidence in court. However, the admissibility of such statements is contingent upon certain
conditions to ensure fairness and protect the rights of the accused.
Voluntariness: A Fundamental Requirement
One of the primary conditions for the admissibility of a statement under Section 27 is voluntariness. The
statement must be made voluntarily by the accused, without any coercion, duress, or inducement from
law enforcement authorities. This requirement ensures that the accused’s rights are respected and that the
statement reflects their true intentions and knowledge. Voluntariness also safeguards the integrity of the
criminal justice system, ensuring that evidence obtained through improper means is not admitted in
court.
Relevance: Leading to the Discovery of Material Facts
Another crucial condition for admissibility is relevance. The statement must lead to the discovery of a
fact that is pertinent to the investigation or the case at hand. This ensures that the information disclosed
by the accused contributes meaningfully to the resolution of the case and the pursuit of justice. For
example, the statement may reveal the location of stolen property, the identity of accomplices, or other
material facts relevant to the investigation. The requirement of relevance prevents the misuse of
irrelevant or extraneous material in court proceedings and ensures that only information with probative
value is admitted into evidence.
Presence of Independent Witnesses: Ensuring Credibility
To bolster the credibility and integrity of the statement, Section 27 mandates the presence of
independent public witnesses during its recording. These witnesses serve as impartial observers,
ensuring that the statement is made voluntarily and without any external influence. Their presence adds
an extra layer of credibility and transparency to the recording process, enhancing the trustworthiness of
the evidence presented in court. Moreover, the investigating officer is required to accurately document
the circumstances surrounding the recording of the statement, including details about the presence of
witnesses and the nature of the disclosed information. This documentation helps establish the
authenticity and integrity of the evidence, providing a clear record of the events leading to the discovery
of the relevant facts.

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Recording and Documentation: Maintaining Transparency
The accurate recording and documentation of the statement are essential aspects of ensuring its
admissibility under Section 27. The investigating officer must diligently record the statement made by
the accused, along with the circumstances surrounding its recording. This includes details about the
presence of witnesses, the nature of the statement, and its relevance to the case. The recording should be
conducted in a manner that preserves the integrity of the evidence and allows for its effective
presentation in court. Additionally, the documentation of the statement serves as a safeguard against any
potential challenges to its admissibility, providing a comprehensive record of the events leading to its
disclosure.
Judicial Scrutiny: Assessing Reliability and Credibility
Once a statement meets the conditions outlined in Section 27, it can be admitted into evidence during the
trial. However, the court subjects such statements to thorough scrutiny to assess their reliability,
credibility, and probative value. Factors such as the voluntariness of the statement, the presence of
witnesses, and any inconsistencies or contradictions are carefully examined by the court to determine the
weight to be accorded to the evidence. This ensures that only trustworthy and reliable evidence is
considered in the adjudication of the case, safeguarding the fairness and integrity of the judicial process.
Conclusion
Yes, the information provided by the accused in the police custody is admissible in evidence if such
information is given and recorded in the presence of independent public witness.
Section 27 of the Indian Evidence Act serves as a cornerstone of the legal framework governing the
admissibility of statements made by an accused person during police custody. By establishing stringent
conditions for admissibility, such as voluntariness, relevance, and the presence of independent witnesses,
Section 27 seeks to protect the rights of the accused while ensuring the fair and effective administration
of justice. This provision strikes a delicate balance between the need for obtaining relevant information
and the imperative of upholding the principles of fairness, transparency, and integrity in the criminal
justice system.
Q2. What is the meaning of dying declaration? Let such a declaration admissible in evidence? If
so, under what circumstances? ‘A’ who was hit by bullet, stated in the hospital in the presence of a
magistrate that ‘B’ had fired at him. But ‘A’ did not die of the injury. Let the statement of ‘A’
made in the presence of the magistrate admissible in evidence against ‘B’? Can it be of any other
use?
Ans. Understanding Dying Declaration: Meaning and Admissibility
Meaning of Dying Declaration
A dying declaration is a statement made by a person who believes they are about to die, regarding the
cause or circumstances of their impending death. This statement is considered highly credible and

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reliable, as it is assumed that a person facing imminent death would have no motive to lie. Dying
declarations are given significant weight in legal proceedings due to their perceived truthfulness and the
inability of the declarant to testify in court.
Admissibility of Dying Declarations
Dying declarations are admissible in evidence under certain circumstances. In India, Section 32(1) of the
Indian Evidence Act, 1872, provides for the admissibility of dying declarations as an exception to the
rule against hearsay evidence. According to this provision, a statement made by a person who is
deceased, or unable to testify due to their physical or mental condition, is admissible if it pertains to the
cause of their death or the circumstances leading to their death.
Circumstances for Admissibility
For a dying declaration to be admissible in evidence, certain conditions must be met:
1. Statement Made Under Belief of Impending Death: The declarant must have made the
statement under a settled belief that their death is imminent. This belief is essential to ensure the
credibility and reliability of the declaration.
2. Relevance to the cause or circumstances of death: The statement must pertain to the cause or
circumstances surrounding the declarant's impending death.
3. Voluntariness: The declaration must be made voluntarily without any undue influence or
coercion.
4. Capacity and competence of the declarant: The declarant must be competent and of sound
mind when making the statement.
5. Made to a neutral party or reliable witness: The declaration should ideally be made to a
neutral party such as a magistrate, doctor, or other authorized officials, who can attest to the
circumstances surrounding the statement.
6. Absence of hope of recovery: The declarant must have no hope of recovery at the time of
making the statement.
7. Statement is clear and specific: The statement should be clear and specific, without ambiguity,
regarding the facts it presents.
8. Corroboration: Although not always required, corroborating evidence or circumstances can
strengthen the admissibility of the dying declaration.
Application to the Case of ‘A’ and ‘B’
In the scenario described, ‘A’ was hit by a bullet and made a statement in the hospital in the presence of
a magistrate, implicating ‘B’ as the perpetrator. However, ‘A’ did not die from the injury and survived.
The question arises whether ‘A’s statement made in the presence of the magistrate is admissible in
evidence against ‘B’, and if it can serve any other purpose.
Admissibility of ‘A’s Statement

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The statement made by ‘A’ in the presence of the magistrate does not qualifies as a dying declaration
under Section 32(1) of the Indian Evidence Act. Although ‘A’ did not ultimately die from the injury, the
fact that he believed his death was imminent at the time he made the statement does not render it
admissible as a dying declaration. If ‘A’ had a settled belief that he was about to die due to the injury
inflicted by ‘B,’ his statement would meet the criteria for admissibility.
Other Uses of ‘A’s Statement
While ‘A’s statement may be admissible as a dying declaration against ‘B’, it can also serve other
purposes in legal proceedings:
1. Corroborative Evidence: Even if ‘A’s statement is not considered sufficient to establish ‘B’s
guilt on its own, it may be used as corroborative evidence in conjunction with other evidence
presented in the case. For example, if there is forensic evidence linking ‘B’ to the crime scene or
eyewitness testimony implicating ‘B’, ‘A’s statement can provide additional support for the
prosecution’s case.
2. Motive or Intent: ‘A’s statement may also be relevant to establishing ‘B’s motive or intent in
committing the offense. If ‘A’ provided any additional details about the circumstances leading to
the shooting, such as prior altercations or disputes between ‘A’ and ‘B’, this information could be
used to infer ‘B’s state of mind at the time of the incident.
3. Impeachment of Witness Credibility: On the other hand, if ‘A’s statement is inconsistent with
other evidence or if there are doubts about ‘A’s credibility as a witness, it may be used by the
defence to impeach ‘A’s testimony. This could undermine the prosecution’s case and raise
reasonable doubt about ‘B’s guilt.
Conclusion
In conclusion, dying declarations are highly credible and admissible evidence in legal proceedings under
certain circumstances. ‘A’s statement implicating ‘B’ in the shooting incident, made in the presence of a
magistrate under a belief of impending death, qualifies as a dying declaration and may be admissible
against ‘B’. However, ‘A’s statement can also serve other purposes in the case, such as providing
corroborative evidence, establishing motive or intent, or impeaching witness credibility. Ultimately, the
admissibility and weight of ‘A’s statement will depend on the specific facts and circumstances of the
case, as determined by the court.
Q3. Are books of accounts maintained in the ordinary course of business themselves sufficient to
fasten liability upon a defendant in a suit for recovery of moneys? No or yes?
Ans. The Role of Books of Accounts in Legal Proceedings: Fastening Liability in Money Recovery
Suits
Introduction
Books of accounts maintained in the ordinary course of business serve as crucial pieces of evidence in
legal proceedings, particularly in suits for the recovery of money. These records play a significant role in

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establishing the financial transactions and obligations of parties involved in the dispute. However, the
mere existence of such books does not automatically fasten liability upon a defendant. In this discussion,
we will explore the importance of books of accounts in money recovery suits and the factors that
determine their admissibility and reliability in court proceedings.
Understanding Books of Accounts
Books of accounts are formal records maintained by businesses to systematically record their financial
transactions, including income, expenses, assets, and liabilities. These records are essential for
monitoring the financial health of a business and for complying with regulatory requirements such as
taxation and auditing. Common types of books of accounts include ledgers, journals, cash books, and
financial statements like balance sheets and profit and loss accounts.
Role in Money Recovery Suits
In money recovery suits, books of accounts serve as primary evidence to establish the existence and
details of financial transactions between the parties involved. The plaintiff, who is seeking to recover
money owed to them, may rely on their own books of accounts to demonstrate the debt owed by the
defendant. Similarly, the defendant may present their own books of accounts to challenge the plaintiff’s
claims or to assert any counterclaims or defences.
Admissibility of Books of Accounts
While books of accounts are generally considered admissible evidence in court proceedings, their
admissibility is subject to certain conditions. These conditions are aimed at ensuring the reliability and
accuracy of the records presented. Some key factors affecting the admissibility of books of accounts
include:
1. Regular Maintenance: Books of accounts must be maintained in the ordinary course of
business, following established accounting principles and practices. Records that are haphazardly
kept or inconsistently maintained may not be considered reliable evidence.
2. Accuracy and Completeness: The entries in the books of accounts should be accurate,
complete, and reflective of the actual financial transactions of the business. Any discrepancies or
inconsistencies in the records may raise doubts about their reliability.
3. Authentication: The books of accounts should be properly authenticated to verify their
authenticity and integrity. This may involve obtaining certifications from qualified accountants
or auditors, or providing other corroborating evidence to support the accuracy of the records.
4. Relevance to the Dispute: The entries in the books of accounts must be relevant to the issues in
dispute in the legal proceedings. Irrelevant or extraneous information may be excluded by the
court as inadmissible.
Fastening Liability

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The mere existence of books of accounts alone may not be sufficient to fasten liability upon a defendant
in a money recovery suit. Instead, the court will consider various factors to determine the weight and
significance of the evidence presented. Some key considerations include:
1. Corroboration with Other Evidence: The entries in the books of accounts should be
corroborated by other evidence, such as invoices, receipts, bank statements, or testimony from
witnesses. Corroborative evidence helps to strengthen the reliability and credibility of the records
presented.
2. Consistency and Plausibility: The entries in the books of accounts should be consistent with
other evidence and should be plausible given the context of the transaction. Any inconsistencies
or discrepancies may undermine the credibility of the records and raise doubts about their
accuracy.
3. Credibility of the Parties: The court will assess the credibility of the parties involved in the
dispute, including their reputation, integrity, and past conduct. If there are doubts about the
honesty or reliability of either party, this may affect the weight given to the evidence presented.
4. Burden of Proof: The burden of proof rests with the plaintiff to establish their claim for money
recovery. While books of accounts may serve as prima facie evidence of the debt owed, the
defendant may rebut this presumption by providing contrary evidence or by raising valid
defences.
Conclusion
In conclusion, books of accounts maintained in the ordinary course of business play a crucial role in
money recovery suits by providing evidence of the financial transactions and obligations of the parties
involved. While such records are generally admissible in court proceedings, their admissibility and
reliability depend on various factors such as regular maintenance, accuracy, completeness,
authentication, and relevance to the dispute. Ultimately, the court will assess the weight and significance
of the evidence presented, taking into account factors such as corroboration with other evidence,
consistency and plausibility, credibility of the parties, and the burden of proof. While books of accounts
can be valuable tools for establishing liability in money recovery suits, they must be supported by other
evidence and meet the standards of admissibility and reliability required by the court.
Q4. “Facts showing the existence of any state of mind such as intention, knowledge, good faith,
negligence, rashness, ill-will or good-will towards any particular person, or showing the existence
of any state of body or bodily feeling are relevant, when the existence of any such state of mind or
body or bodily feeling, is in issue or relevant.” Explain and exemplify this statement with the help
of illustrations and judicial decisions.
Ans. Relevance of State of Mind and Body in Legal Context
In legal proceedings, the determination of a person’s state of mind or body is often crucial in
establishing liability or innocence. The admissibility of evidence pertaining to one’s intention,
knowledge, good faith, negligence, and other mental or physical states is governed by principles of

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relevance. This essay will delve into the significance of such evidence, providing examples and citing
relevant judicial decisions to illustrate its importance.
Understanding Relevance in Legal Context
Relevance is a fundamental principle in the law of evidence. Evidence is considered relevant if it tends
to make the existence of any fact that is of consequence to the determination of the action probable than
it would be without the evidence. In this context, evidence regarding a person’s state of mind or body
becomes pertinent when it directly relates to the issues in dispute.
State of Mind: Intention
The intention of an individual is often central to determining their culpability in criminal and civil
matters. In R v Cunningham (1957), the court held that recklessness may be equivalent to intention in
certain circumstances. For instance, in cases of theft, evidence demonstrating that the accused intended
to permanently deprive the owner of their property is crucial in establishing guilt.
Illustration: In a case of arson, evidence showing that the defendant purchased accelerants and had a
history of making threats against the property owner would indicate an intention to commit the crime.
State of Mind: Knowledge
Knowledge refers to awareness or understanding of certain facts or circumstances. In DPP v Smith
(1961), it was established that knowledge of the presence of drugs or contraband could lead to liability
for possession. Therefore, evidence demonstrating a person’s awareness of illegal substances is relevant
in drug possession cases.
Illustration: In a narcotics investigation, evidence showing that the defendant received training on
identifying drugs and had prior experience in drug trafficking would suggest knowledge of the illegal
substances found in their possession.
State of Mind: Good Faith and Negligence
Good faith refers to an honest belief or intention, while negligence pertains to a lack of reasonable care.
In Blyth v Birmingham Waterworks Co (1856), it was held that negligence is the omission to do
something which a reasonable person would do or acting in a manner that a reasonable person would
not.
Illustration: In a medical malpractice case, evidence indicating that a surgeon followed established
protocols and acted in the best interest of the patient would demonstrate good faith. Conversely,
evidence showing that the surgeon deviated from standard procedures without justification would
indicate negligence.
State of Mind: Ill-will or Good-will

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The presence of ill-will towards a particular individual may be relevant in cases involving defamation,
harassment, or assault. Conversely, evidence demonstrating good-will may mitigate liability or serve as
a defence in certain situations.
Illustration: In a workplace harassment case, evidence of hostile emails sent by the defendant to the
plaintiff would indicate ill-will. Conversely, evidence showing that the defendant regularly praised the
plaintiff’s work and had a cordial relationship with them would suggest good-will.

State of Body or Bodily Feeling


Evidence regarding a person’s physical condition or sensations may also be relevant in legal
proceedings. This includes instances where the individual’s physical state directly impacts their ability to
perform certain actions or affects their perception of events.
Illustration: In a personal injury case, evidence of the plaintiff’s medical records detailing the extent of
their injuries and the associated pain and suffering would be relevant in determining the appropriate
compensation.
Conclusion
In conclusion, evidence pertaining to an individual’s state of mind or body holds significant relevance in
legal proceedings. Whether establishing intention in criminal cases, demonstrating negligence in civil
matters, or proving knowledge in regulatory offenses, such evidence plays a crucial role in the
administration of justice. By understanding the principles of relevance and citing relevant judicial
decisions, it becomes evident that the admissibility of such evidence is essential for a fair and just legal
system.
Q5. “An expert is not a witness of fact. His evidence is really of an advisory character.” In the light
of the statement, examine the provisions relating to expert evidence under Evidence Act, 1872.
Ans. Expert Evidence under the Evidence Act, 1872
Expert evidence plays a crucial role in legal proceedings by providing specialized knowledge and
opinions on matters beyond the understanding of the average person. However, it is important to
recognize that expert witnesses are not witnesses of fact; rather, their testimony serves an advisory
function. This essay will explore the provisions relating to expert evidence under the Evidence Act,
1872, in light of the statement provided.
Understanding Expert Evidence
Expert evidence refers to the testimony of individuals who possess specialized knowledge, skills, or
experience in a particular field relevant to the case at hand. Unlike eyewitnesses who testify about facts
they have personally observed, expert witnesses offer opinions or interpretations based on their
expertise. As such, their evidence is considered advisory rather than factual.

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Provisions under the Evidence Act, 1872
The Evidence Act, 1872, governs the admissibility and treatment of evidence in legal proceedings in
India. Sections 45 to 51 specifically address the admissibility of expert evidence and lay down certain
provisions regarding its nature and scope.

Section 45: Opinions of Experts


Section 45 of the Evidence Act, 1872, allows the court to receive opinions of experts on certain matters
which require expertise beyond the understanding of the ordinary person. This section acknowledges the
value of expert testimony in assisting the court to understand complex issues.
Illustration: In a medical malpractice case, the court may admit the opinion of a qualified medical
expert regarding the standard of care expected from a competent physician in similar circumstances.
Section 46: Facts Bearing on Opinion of Experts
Section 46 of the Evidence Act, 1872, provides that when the opinion of an expert is relevant, the facts
or data upon which the opinion is based must also be disclosed. This ensures transparency and enables
the court to evaluate the reliability of the expert’s opinion.
Illustration: In a case involving the authenticity of a document, the court may require the handwriting
expert to provide the basis for their opinion, such as comparisons with known samples or examination of
relevant characteristics.
Section 47: Opinion as to Handwriting
Section 47 of the Evidence Act, 1872, deals specifically with opinions regarding handwriting. It allows
experts to express their opinions on whether a particular document was written by a certain individual
based on their examination and analysis of the handwriting.
Illustration: In a forgery case, a handwriting expert may testify regarding the similarities or
discrepancies between the disputed signature and the known handwriting samples of the alleged forger.
Section 48: Opinion as to Digital Signatures
With the advent of technology, Section 48 was inserted into the Evidence Act, 1872, to address opinions
on digital signatures. This provision enables experts to offer their opinions on the authenticity and
validity of digital signatures and electronic records.
Illustration: In a cybercrime case involving the alteration of electronic records, a forensic expert may
provide an opinion on the integrity of the digital signatures and the possibility of tampering with the
data.

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Section 49: When Opinion of Third Person Relevant
Section 49 of the Evidence Act, 1872, allows for the admission of opinions of third parties on matters
such as customs, usages, and specific issues of local or technical knowledge.
Illustration: In a dispute over the interpretation of a traditional religious ritual, the court may consider
the opinion of a religious scholar or cultural expert familiar with the customs and practices of the
community involved.

Conclusion
Expert evidence under the Evidence Act, 1872, serves as a valuable tool in aiding the court’s
understanding of complex issues beyond the scope of ordinary knowledge. While expert witnesses are
not witnesses of fact, their opinions play an advisory role in assisting the court to arrive at a just
decision. By adhering to the provisions outlined in the Act and ensuring transparency in the presentation
of expert opinions, the legal system can effectively leverage the expertise of qualified professionals to
uphold the principles of justice and fairness.
Q6. Two wills in identical language were prepared by the process of typing in which the second
copy was obtained by carbon impression. Both were executed and attested. The testator inserted a
remark “true copy” on one of them. Can both the wills be treated to be original and as primary
evidence?
Ans. The Legal Status of Duplicate Wills in Identical Language: A Comprehensive Analysis
Introduction
The scenario presented involves the creation of two wills in identical language, one produced through
the process of typing and the other obtained through carbon impression. Both wills were executed and
attested, with the testator inscribing a remark of “true copy” on one of them. The central question is
whether both wills can be treated as original and as primary evidence. In this analysis, we will explore
the legal principles and precedents surrounding duplicate wills, the admissibility of carbon copy wills,
and the implications of the testator’s inscription.
Understanding Duplicate Wills
Duplicate wills are multiple copies of the same will, typically created to ensure that the testator’s wishes
are preserved and can be accessed in different locations or circumstances. The creation of duplicate wills
is not uncommon, and the legal treatment of such documents depends on various factors, including the
method of duplication and the intentions of the testator.
Legal Principles and Precedents
1. Originality and Primary Evidence: Under the law of evidence, original documents are
generally given greater weight and authenticity compared to copies. However, the concept of

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originality has evolved to accommodate technological advancements and practical
considerations. In certain circumstances, duplicate documents may be treated as original if they
accurately reflect the testator’s intentions and are executed in accordance with legal
requirements.
2. Admissibility of Carbon Copy Wills: Carbon copy wills, produced through the use of carbon
paper or similar processes, have been accepted as valid legal instruments in many jurisdictions.
Courts have recognized the practical utility of carbon copy wills in preserving the testator’s
intentions and have upheld their validity, provided they meet the requisite formalities for
execution and attestation.
3. Intentions of the Testator: The primary consideration in determining the validity of duplicate
wills is the intentions of the testator. If the testator intended for both copies to be treated as
original and to have equal legal effect, courts may uphold the validity of both documents,
regardless of the method of duplication or any markings made by the testator.
Analysis of the Scenario
In the scenario described, two wills in identical language were prepared, one through typing and the
other obtained through carbon impression. Both wills were executed and attested, with the testator
inscribing a remark of “true copy” on one of them. To determine the legal status of both wills, several
factors must be considered:
1. Method of Duplication: Both wills were created using different methods of duplication – typing
and carbon impression. While the typed will is considered the original document, the carbon
copy will is a duplicate produced through the use of carbon paper. The legal treatment of carbon
copy wills may vary depending on jurisdiction and case law.
2. Execution and Attestation: Both wills were executed and attested in accordance with legal
formalities. The presence of witnesses and signatures ensures the validity of the documents as
legal instruments. However, the fact that one will bears the testator’s remark of “true copy”
raises questions about the testator’s intentions regarding the legal status of the duplicate will.
3. Testator’s Intentions: The testator’s inscription of “true copy” on one of the wills suggests an
acknowledgment of its duplicate nature. However, the implications of this remark on the legal
status and admissibility of the duplicate will require further examination. It is essential to
ascertain whether the testator intended for both wills to be treated as original and to have equal
legal effect.
Legal Implications and Recommendations
1. Validity of Duplicate Wills: If the testator’s intention was to create two equally valid and
enforceable wills, both documents may be treated as original and as primary evidence. The
presence of witnesses and compliance with legal formalities support the validity of both wills as
legal instruments.
2. Admissibility of Carbon Copy Will: The carbon copy will, obtained through carbon
impression, may be considered admissible as primary evidence if it accurately reflects the

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testator’s intentions and meets the requisite formalities for execution and attestation. Courts have
recognized the practical utility of carbon copy wills in preserving testamentary wishes and have
upheld their validity in various jurisdictions.
3. Interpretation of Testator’s Remark: The testator’s inscription of “true copy” on one of the
wills raises questions about their intentions regarding the legal status and admissibility of the
duplicate will. While the remark may suggest an acknowledgment of its duplicate nature, it is
essential to consider the context and circumstances surrounding its inscription to ascertain the
testator’s true intentions.
4. Judicial Interpretation and Precedents: In cases where the legal status of duplicate wills is
disputed, courts may rely on judicial interpretation and precedents to determine the validity and
admissibility of such documents. Decisions from similar cases and legal principles governing
testamentary instruments may provide guidance in resolving ambiguities and determining the
testator’s intentions.
Conclusion
In conclusion, the legal status of duplicate wills in identical language depends on various factors,
including the method of duplication, compliance with legal formalities, and the intentions of the testator.
If the testator intended for both wills to be treated as original and to have equal legal effect, both
documents may be considered valid and admissible as primary evidence. However, further examination
of the testator’s inscription and the circumstances surrounding its inscription is necessary to ascertain
their true intentions. By considering the legal principles and precedents governing duplicate wills, courts
can ensure the preservation of testamentary wishes and the administration of justice in accordance with
the law.

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