Scanned with CamScanner2 Proceedings before tribunals, Proceedings before the arbitrator ©) licial roceed iy A)all the abobe 8. Law of evidence ig a) lex tallemis, b) lex fori ©) lex loci solutionis 4d) lex situs 9. Law of evidence is a) a substantive law. ) an adjectival law. ¢ ©) both, a), and by, 4) neither a), nor b). * 10. Facts can be — a) physical facts, b) psychological facts ©) physical, as well as, psychological facts, 4) only physical facts and not psychological facts, 1. Under The Indian Evidence Act, 1872, fact means — a) factum probandum, b) factum probans. ) both, factum probandum and factum probans, d) none of the above. 12. Fact in issue means — is : 4) fact, existence or non-existence of which is admitted by the parties. b) fact, existence or non-existence of which is disp i a fact, existence or non-existence of which is not disputed by the parties. d) all the above. 13, Evidence under The Indian Evidence Act, 1872 means and includes — a) oral evidence. - ; 'b) documentary evidence. ) oral and documentary evidence, both. _d) oral evidence based on documents only. anita f of a fact depends on — en accuracy of the statement and not upon the p ‘upon the accuracy or the stat ‘b) ive value assignedtoafact. ¢) artificial probative value assigni See asthemstial demonstration. Scanned with CamScannerer Section Scanned with CamScanner129 = b) must be subsequent ©) may be either pre Drevious or subsequent @) only subsequent and not previous. itnder Section s 23, ee poston > of The Indian Evidence Act, 1872 = 1) ihe identification parades of suspects are relevant. ) the identification parades of chattels are relevant ©) both, a), and b) are 4d) only a), and not by Levant 24, Identification ofa sus of a suspect by photo is ~ ) admissible in evider : b) not admissible in evid ©) Section 9 of Evidence Act exchides identification by photo. ) Section 8 of Evidence Act excludes identification by photo. 25. Alibi is governed by Section 4) 6 of The Indian Evidence Act, 1872. b) 8 of The Indian Evidence Act, 1872. ©) 12 of The Indian Evidence Act, 1872. d) 1 of The | e Act, 1872. he Indian E 26. Section 14 of The Indian Evidence Act, 1872 makes relevant the facts which show the existence of a) any state of mind b) any state of body or bodily feelings. g ©) either state of mind or of body 27. Under Section 15 of The Indian Evidence Act, 1872, facts showing series of similar occurrences, involving the same person are relevant ~ a) when it is uncertain whether the act is intentional ) when it is certain that the act is with guilty knowledge. ) when it is certain that the act is done innocently. d) either b) or c) 28, Admissions - a) must be examined as a whole and not ) can be examined in parts, ¢) can be examined in whole or in parts. d) both, b), and c) are correct. ni Admissions bind the maker = a) itrelates p 'b) in so far as it relates to question of law. c) both, on questions of fact, and of law. : d) neither a), nor b). Scanned with CamScannerScanned with CamScanneren 131 thor — Prof. Prs ae a) must relate to the same crime for which he is charged. b) must relate to another crime, ©) may relate to the same crime or another eri 4) only a) is correct, and b) is incorrect. 39. A confession made while in police custody is admissible under Section 26 of The Indian Evidence Act, 1872 — 4) if made in the presence of a doctor. ») if made in the presence of a captain ofa vessel. ©) if made in the presence ofa Magistrate, d) all of the above. 40. Section 27 of The Indian Evidence Act, 1872 controls Section — a) 24 of The Indian Evidence Act, 1872. b) 25 of The Indian Evidence Act, 1872. ¢) 26 of The Indian Evidence Act, 1872. ) all of the above. 41, Section 27 of The Indian Evidence Act, 1872 applies to ~ a) discovery of some fact which the police had not previously learnt o sources and was first derived from the information given by the accused. b) discovery of some fact which the police had previously learnt from other sources. ¢) discovery of some fact which the police had previously leat from other sources and the accused has also given information regarding the same. d) all the above. 42. Under Section 27 of The Indian Evidence Act, 1872 ‘discovery of fact’ includes — a) the object found. b) the place from where it is produced. c) both, a), and b 4d) neither a), nor b). 43. Section 27 of The Indian Evidence Act, 1872 applies when — 4) the person giving information is an accused but not in police custody. }) the person giving information is an accused and is in poli 6) the person is in police custody but not an accused. 4d) the person is neither in police custody nor an accused. 44. Under Section 27 of The Indian Evidence Act, 1872 — ‘ 4) the whole statement is admissible. }) only that portion which distinctly relates to ¢) both are admissible depending on the facts and d) only a), and not b). Scanned with CamScannerScanned with CamScannermissible under Section ~ Evidence Act, 1872 ¢ Act, 1872, idence Act, 1872, vidence Act, 1872. e! are relevant retion — *) $5 of The Indian Evidenes Act 1872 b) 46 of The. Indian Evidence Act, 1872, ©) 47 of The Indian Evidence Act, 1872, 4d) 48 of The Indian Evidence Act, 1872. . Under Section 45 of 7 on the question of a) Indian law. b) Foreign law. ) both, a), and b) 4) only a), and not b). he Indian Evidence Act, 1872, the opinion of expert can be 55. Opinion of an expert under S. 45 of The Indian Evidence Act, 1872 — a) is a conclusive proof. b) is not a conclusive proof. ) is supportive and corroborative in nature. ) either a), orc). 56. A disputed handwriting can be proved ~ by calling an expert. a F » by ins a person acquainted with the handwriting of the writer of the juestioned document. j ; 3 by comparison of the two, admitted and disputed. d)all of the above. : i of business are ies in the books of accounts regularly Kept in the course e. ae under S. 34 of The Indian Evidence Act, 1872 — a) if they by themselves create a liability. b)ifthey by themselves do not create liability, | ¢) irrespective of whether they themselves crea rae: 4) either a), or b). 2 58. Facts which need not be proved by the parties, include~ a a) facts of which judicial notice has to be taken. Paree ee ) facts which have been admitted by the parties at or c) bor nd b). ‘before the hearing, 3 neither a) nor b). Scanned with CamScannerScanned with CamScanner. 135 uthor ~ Prof, Prakas} The presum a int rs mtn 1 nAer Section 90 of The Indian Kividence Act, 1872 ean be a) original . b) centfied copies ©) uncertified copies, 4) all ofthe above. 67. Peri / a fit ¥°8ts under Section 90 of The Indian Evidence Act, 1872is to be 4) the date on which the document is eli lied upon. b) the date on which the document is fled itis Court. c) the date on which the document is tendered in evidence, when its genuineness becomes a subject of proof. 4) all of the above. 68. Section 90 of The Indian Evidence Act, 1872 applies to ~ a) non-testamentary documents. b) testamentary documents, c) both, testament id non-testamentary document ) none of the above. 69. In cases of Wills, the period of thirty years shall run ~ a) from the date of the Will, b) from the date of the death of the testator. z ©) from the date of registration of the Will, ifregistered. d) either a), or b). ; 70, Electronic record in proper custody gives rise to a presumption as to the digital signature, to be affixed by that particular person under Section 90A of The Indian Evidence Act, 1872, if the electronic record produced is — a) 20 years old. b) 15 years old. c) 10 years old. d) S years old. 71. Section 91 of The Indian Evidence Act, 1872 applies to documents which are ~ a) unilateral. b) bilateral. - ¢) tripartite. ; d) all of the above. . 72. ‘Burden of proof’ means ~ ts a) the burden of proof as a matter of law and fp the burden of proof as introduction of evidence, db). c) both, a), and b). ‘Scanned with CamScannergation or justificw Scanned with CamScannerence Prof. 80. For presumption under Section 107 of The Indian Evidene® Act 1872, the Pefson is to be shown to be alive a) within 7 years b) within 12 years, ©) within 3 yeai 4) within 30 years, 81. The possesion contemplated under Section 110 of The Indian Evidence Act, is — a) juridical possession, b) symbolic possession, ¢) actual physical possession. d)all of the above. 82. In cases a child is bom within 280 days of dissolution of marriage, mothet remaining unmarried, the presumption of legitimacy of child under Section 112 of The Indian Evidence Act, 1872, arises — a) ifthe father is alive on the day child is born. ) if the father is not alive on the day child is born. ) irrespective of whether the father is alive or dead on the day child is born. 4) either a), or b). 83. An accomplice is — a) not a competent witness against an accused. b) a competent witness against an accused. c) may be a competent witness against an accused. 4d) cither a), orc). 84. Presumption — a) is an evidence. b) is a proof. c) shows on whom the burden of proof lies. d) all the above. 85, Presumption under Section 113 of The Indian Evidence Act, 1872 can be raised if the suicide by the married woman is committed — < ae a) within 7 years of marriage. ) within 5 years of marriage. ¢) within 3 years of marriage. 4) within 1 year of marriage. neyenes dace. 2° . oo eheaesbay it tidy presumption as to dowry death is contained in Section ... of The Act, 1872. — a a) IIIA. b) 113A. Scanned with CamScannerW notice to qu' a Scanned with CamScanneriT nor in criminal proceedings 95. S. 121 of The Indian F Bi err lege in respect 0 a) Husband and Winn EWence Act, 1872 provides for privilege in respe ) Judges and M. ©) Affairs of the tion, 96. A husband or wife is permitted to disclose any communication between them during marriage ~ a) in civil proceedings between the parties. b) in criminal proceedings between the parties ¢) in matrimonial proceedings between the parties. d) all of the above. 97. S. 124 of The Indian Evidence Act, 1872 provides for privileges in respect of — a) professional communi ») official communicatio ¢) communication as to information. 4d) none of the above 98. Legal advisor — a) can disclose the communications after his client’s death. b) can disclose the communications after the relation with his client has ceased. c) cannot disclose the communications even when the relation is ended or the client is dead. d) both, a), and b) are correct. 99, An accomplice is a person - a) who participates in the commission of the crime for which the accused has ed. been charged. 'b) who is prefended confederate c) who is an informer. 4d) all of the above. 100. Testimony of an accomplice, before it is accepted and acted upon — ‘a) must be corroborated from the testimony of another accomplice, b) must be corroborated from an independent source. ¢) need not be corroborated at all, d) either a), or ¢)- witness — ‘ . Examination-in-chiet ofa) e 1c eek 4) shall be by the Scanned with CamScannerswe! iter is intro" Scanned with CamScanner108, Leading ‘Auestions can be asked during = a) examination-in-chiet b) cross-examination, €) re-examination, d) all of the above 109. "Court can permit leading questions during examination-in-ehief or Fe examination — 4) if they refer to matters which are introductory. b) if they refer to the matters are undisputed. ©) if they refer to the matters which are sufficiently proved. 4d) ifthey refer to either a), orb), ore), 110. Objections as to the admissibility of a document in evidence — a) can be made at any stage during the trial. b) can be made at the first opportunity when the is ©) can be raised for the first time in appeal. d)all of the above. 111. Court question under S. 165 of The Indian Evidence Act, 1872, can be put ee a) any witness. b) any party ) both, a), and b). 4d) neither a), nor b). 112, The right to cross-examine on an answer to Court question is available 2) to the adverse party only. : ) to the party calling the witness only. ) to either of the parties if the answer is adverse to either of the parties. 4) only a), and not b). ; 113. The burden of proof lies on one — a) who asserts a fact. b) who denies a fact. wea ‘c) who omits a fact. eae S 4) none of the above. 114, Which of the following evidence is not normally admissible 2 a) Oral evidence. i es 'b) Circumstantial evidence. rt os ee vidence. Scanned with CamScannerSection - Scanned with CamScannermay be ‘of the following 123. Explain with relevant ions and Case Law, the . : provisions and Case Law, raised; and identify on whom the burden of proof lies in eacl situations ) A confession recorded by a Magistrate, b) A person is not seen by his own peop people. ; private ©) An accused pleads that he committed the affence in excuse of right of Prt defence. ©) An accomplice makes an admission before the Court. id 4) The defendant produces an agreement of sale which is 40 years old. i a ; in a theft case. 124. Examine whether the following are admissible as evidence in a Explain relevant provisions — i sed for a) The prosecution wants to adduce evidence that the accused was earlier charg Committing theft in another house in the same locality. J Ped ') The advocate wants to give evidence that the accused came to foe Tequ him to plead his case, and also admitted to him that he had committed theft. Pee ©) Accused stated to the police that he was present at the scene of offence at at which the offence is alleged to have been committed. Oa Rice d) Accused stated during trial that he was present at the scene of offence just _ the time at which the offence is alleged to have been committed. held by €) The eye witness has identified the accused during an identification parade the police, immediately after the offence is committed. Scanned with CamScanner—__Law of Evidence (Revised Course, With Solutions Section I on the question Paper itself, Sheets and additional sheets for Section IL. nI shall be collected at the end of the first hour. SECTION ~1 (40 : Marks) the correct option. (ii) answer on the question sheet, of the Indian Evidence Act, 1872 is — ntive. ) Procedural. onal. nptions are of two types — and grievous. document is lost or damaged, copy of it could be used in evidence, is a e of adducing — Scanned with CamScannerfalse in equired for the spt in Sectio” ‘Scanned with CamScannerleva yet admissible tally inadmissible one of the above, attracting the presumption under § to have been heard of for jon 108 that a person is dead, he ought ible. ds upon view of the Court. ‘the above. ‘of a woman of bad character, before a Court, is ~ Scanned with CamScanneridence about i; made by the Scanned with CamScanner5 ee Author tral, Prakash ke Mokat 4 marriage cannen be Buriig wbrietonce of of such born child Of frets leading ty © be proved by him, Hon under IVC wyaitabhe tu aeew CaN Wve oral evidence aysinst an aceused person being his ex-ellent in the same ease. , is the meaning of secondary evidence ? lary evidence means and ine by mechanical proves, fon 115-— When 2 person by his oF permitted another perwon to believe 2 neither he, Bot his representative shall be allo plice, a competent witness ? mnder Section he is competent witness. can isting questions be asked ? course of cross-examination on does the burden of proof lie to prove ownership of a person in 2 person who avse iat the ownership is not vested in the said own perion it "he is not the owne period from the date of marriage, to attract presumption in favour of on illiterate and driven to commit suicide by her in-laws” admissblty of evidence ? » Court whi gri.e, before the Court who is to try Scanned with CamScannerym. an opinion id Government relating ‘Scanned with CamScannerPri thash K. Mokal 4G party refuses to produce a document which he has had notice 10 produce, pt afterwards use the document as evidence without the consent of the other party or ‘of the Court, preparation and previous or subsequent conduct, are facts in issue are relevar “a conviction rests on a dying declaration, it is implied that it must inspi Ice $0 as to be safe to act upon it. tion is whether ‘A’ robbed “BY — that ‘B’ was robbed is relevant. in ‘A’s presence, “the police is coming to look for the man who robbed “B fiately afterwards “A? ran away, is relevant fact. ove a), and b), are relevant. he eross-examination, the questions can be put to test his veracity, to discover ‘what is his position in life, ete. under Section — rr Scanned with CamScannere transactions a Scanned with CamScanner(Prakash K, Mokal ler the Law of Evidene ‘admissible in evidence, in evidence. is governed by ~ of the Indian Evidence Act. 12 of the Indian Evidence Act. | 13 of the Indian Evidence Act. sions and instances relating to a right or custom are relevant under — Conyiction of a person is relevant under Explanation — ion of the Indian Evidence Act. mn 24 of the Indian Evidence Act applies ~ en the inducement is of temporal kind. inducement threat or promise comes from a person in authority. 4, a confession made while in police custody after removal of impression caused by inducement, threat or promise, !s Scanned with CamScannera Scanned with CamScannerAuthor — Prot, Prakash K, Mokat Wand b) 9 of the Indian Evidenee Act eontainy tion of thet ble presumption of law le prosumption of law 10.0 Court question, the adverse party has {10 cross-examine only with the permission of the Court HL1O cross-examine as a matter of right, ), and b). SECTION = IL (60; Marks) ‘of the term ‘Evidence’ in th dian Evidence Act recog ees, namely oral and dl y evidence” ~ Discuss. sy “admission” ? Distinguish between ‘admission’ and ‘confession relating to hearsay evidence. E ate the exceptions thereto, if any of a witness as to the statements made out of Court which are ofleres ftruth, not admissible, It is not a direct evidence, It is not a conclusive eviden fon to the above rule is enumerated in Section 32 and 33, This rule excluded o far as the contained in Section 32 (dying declaration) and h are made cither to the police oF ie eme Court has es as such, The Supre 4 $.C.C, 472) shat an oxtrasinsticial by the Court, along, with 16 to be proves just like Scanned with CamScannercomment. St. Scanned with CamScannerProf. P dence means the document itvelf produced for the ins hash K. Mokal 8 on Which the execution of a document be presumed i Ment must have been in existence for 30 years and more. ft may presume that, a man who is in possession of stolen goods soon aft the thief or has received the goods knowing them to be stolen, unless or his possession, ‘question means any question suggesting the answer, which the person putting i or expects to receive. ecorded conversation between persons and of speeches are document as defi on 3 of the Indian Evidence Act. must be voluntary and true. nitted need not be proved. Scanned with CamScannerScanned with CamScanneruthor ~ Prof. Prakash K. Mokal question of raised at the first opportunity and stands waived if not rai 6 of the Indian Evidence Act, a fact forming part of the same is relevant — in issue and may have occurred at the same time and place or at e Indian Evidence Act. ¢ Indian Evidence Act. and b). hich are necessary to explain or introduce relevant fact of place, name, or identity of parties, are relevant — ‘the Indian Evidence Act, “the Indian Evidence Act. ‘and b). said or done by a conspirator in reference to the common design, are rele ndian Evidence Act. Indian Evidence Act. Indian Evidence Act. | Scanned with CamScannerare admissib’ Scanned with CamScannerAuthor — Prof. Prakash K. Mokal i, a), and b). of document may be proved under Section 61 of the Indian Evide condary Evidence. rimary Evidene nce Act to digital signature, is defined under Section — he Indian Evidence Act, the Indian Evidence Act, the Indian Evidence Act. required to be proved by calling at least one attesting witness it is admitted and registered. it is admitted and unregistered. a), and b). ibility of Electronic record has been prescribed under Section of the Indian Evidence Act. Indian Evidence Act. of the Indian Evidence Act. 79 to 85 of the Indian Evidence Act, contain — umption of Law. umption of Fact. ttable Presumption of law. SECTION (60 : Marks) 0 questions = burden of proof ? On whom does it lie 2 Does it ever shift ? Court to give judgment as to any legal right or liability dey yending on the asserts, must prove that those facts exist.(S.101). ‘the person who has to prove a fact and it never shifts, but the ‘honehanna, A 1964 S.C. tion ? What questions are lawful in cross-examination ° by the adverse party is cross-examination. (S. 137). ty or destroy the case of the opponent; and Scanned with CamScannerAK. Moka Permits or requires to be made before it by witnesses, in “statements are called oral evidence, As pet the provisions of Section 60, oral evidence must opinions of experts in any treaties com offered for sale ani hss held. may be proved by the production of such treaties ifthe ot is dead und.or_without_an amount of delay or expenses whi th the Court regards as Presume”, “shall presume”, and “conclusive proof”. presume the existence of certain facts ~ to the zommon course of natural and public and private business , in their relation to the facts of the particular jons 41, 112, 113: ate and other jurisdiction (S. 41 ge — conclusive proof of legitimacy (S. 112) (S. 113). the credit of the witness. trine of Estoppel in law ? [23] Law of Evidence (Revised Course) November, 2006 With Solutions Jon the question paper itself. ees andl aioe shat for Seton Tl Ibe collected at the end of the first hour. (40 ks) CTI optio ce Act, 1872 applies to — Scanned with CamScannerScanned with CamScannerin Revenue Record are admissible in the evidence, ) mining the age of the prosecu n test and text books is conclusive Urix, the opinion of the Doctor nee On the basis of is not a reliable evidence when accused was a juvenile imaps, charts, plans made under the authority of any Government, are relevant ined a decree for the possession of land against B and C. B's son murders A in In this case, the existence of judgment is relevant as a fact in issue is, whether the death of A was caused by poison. The opinions of experts as to luced by the poison, by which A is supposed to have died, are relevant has to form an opinion as to the digital signature of any person, opinion of Authority, which has issued the Digital Signature Certificate, isa relevant fact Section 121 are not compelled to answer certain questions under Section et Scanned with CamScannerattention musi, pe to be used for the fs, ask any question, der Section ~ Scanned with CamScanneriy be given of facts in issue and relevant facts, under Section caused by inducement, threat or promise is irrelevant in criminal Proceeding: gment is irrelevant to bar a second suit or trial, under Section — legally authorized all Judges, Magistrates and all persons, except .... 8 of the Indian Evidence Act, any fact is relevant which shows or constitutes a _.. of preparation for any fact in issue or relevant fact. ) n 25 of the Indian Evidence Act, no confession made to a ........ shalll be sinst a person accused of any offence. cer form (held by the Supreme Court in sxamination by the Scanned with CamScannerSS Author — p Prakash K. bY practice an i ML observation become ct imeand study to q. Special branch of en - “pid 8st. Doctor (Medica Officer) 4. Prints Expert, A Ballistic Expert, etc ig declaration ? When is it Admissible under " lokal he Indian Evidence Act » itten or y es Of s death etbally made b e_transaction, which resulte OMmes into question, s in the expectati AIR. 1984 upreme Court 1622 ption to the general rule that, the h lue of the Dying Declaration — person learsay evidence i; IS Not admissible, it is weak evider ‘Nee and should not be ‘between an admission and a confession, generally applied to Testricted to acknowledg, h Civil transactions oF litigation and th jement of guilt in criminal c: a pecies, of which, the genus is the admission. ersons are admissions — proceeding (civil or criminal or by his Suit in a representative character — ing proprietary or pecunia to th ent : S. 8: £8. trustees, executors (S, 8); interest in the proceedings (S. & Evidence (Revised Course) il, 2006 (26/04/06) a jaa Marks 100 ction I on the question paper itself, ; t sheets and additional sheets for Section I. ll be collected at the end of the first hour. TON —1 (40 : Marks) Scanned with CamScanner250, 4) the Court is required to bear in mind ‘and set up the environment in which the erin, ; committed, by) the level of understanding. of the wit c) None of the above is correct, d) Alla) and b) above are correct 2. ‘The maxim “alsus in uno, falsus in omnib is applicable in Indian Courts, ») is not applicable in Indian Courts, (S: 134) ty ©) as per this maxim, witnesses are branded as Tiars in Indian Courts. d) All the above are correct. 3, The question is whether A robbed B, the following facts afe relevant ~ the fact that shortly before the robbery, B went to @ fair with money in his possession b) that B showed the money to his friends. c) heh joned the fact to others that he had money. 4d) None of the above a), b), ¢) are correct. ¢) All the above a), b), ¢) are correct, 4. A is tried for murder of B by poi a) the fact that before the death of B, A procured pois to B relevant, b) that A has invited B to him at the relevant time. c) B has visited the house of A as per his invitation d) A has offered sweetmeats to B in his house. c) All the above facts are relevant, ns of medical experts, its evidentiary value — i inion and is hardly decisive. ines. us" = son. The relevant fact is, son similar to that which is administrated before his death. 5. a) Medical evidence is only an evidence of b) it is substantive evidence. c) The medical evidence being an opinion, d) None of the above are correct. is advisory in nature and binding upon the court 6. Which Section of the Indian Evidence ‘Act confers vast and unrestricted powers oF he Judges of the trial courts to put any questions as they please in any form, at any time to any witnesses ~ a) 162. b) 163. c) 164. d) 165. 7. Under what Section of the Indian Evidence Act, questions to the witnesses n without reasonable grounds ~ a) 147, b) 148. c) 149. d) 150. ft to be askel ——a Scanned with CamScannerlained delay of one and half months after the occurrence to hold identification out proper explanation, adversely affects the value of test identification parade necessary that a dying declaration should be certified by a doctor before d be placed on the same. alse. of Sections in the Indian Evidence Act are 511 jon of any person acquainted with the handwriting of the person by whom it is to be written or signed, is a relevant fact. documents may be proved either by primary evidence or by secondary , witness fails to prove the will, then other attesting witness has to be ction 68 of the Indian Evidence Act. a Scanned with CamScannerLaw of Evidence 252 Prof. Prakash K. Mok a) True. b) False, 20. Certified copies may be produced in proof of the contents of the public documents ing Section 77 of the Indian Evidence Act. a) True. b) False. Tick the correct option ; 21. Court should be slow to compare disputed document with admitted document, though y Act empowers the Court to compare disputed writings with admitted documents shown) be genuine under Section — a) 70. b) 71. °) 72. 4) 23. 22, The authentication of the power-of-attomey by notary public, raises a legal presumpt that the same has been duly executed and the person who executed it had the authority do so under Section — a) 82. »)83. ©) 84. d) 85. 23. Ifa contract be contained in several letters, all the letters in which it is contained, must proved, under Section — a) 91. b) 92. ©) 93. 4) 94. 24. When a person is bound to prove the existence of any fact, it is said that the burde proof lies on that person, under Section ~ a) 100. b) 101. c) 102. d) 103. 25. The Court may presume that an accomplice is unworthy of credit unless he corroborated in material particulars, under Section — a) 112. b) 113. ) 114. 115. 26. If a bailee delivers the goods to a person other than the bailor, he may prove that person had a right to them as against the bailor, under Section — a) 115. Scanned with CamScanner18 OF hag. been Married, sh re , » Shall be compelled Marriage by HY Person whom els or i b discloge een, any mi {MMB Fed, unctey ection uestion which appears to it to be the Court needi intended to insult or annoy or lessly offensive in form, under Permits or requires to be made before it by under enquiry, of India excluding the State of .., « itself produced for the evidence means the ... Scanned with CamScanneraS Qxc"™_ éé£éi iz} Law of Evidence 254 nor = Prof. Prakash K. My 34, As per Section 112, birth during marriaze is conclusive proof of Answer : legitimacy of the child, ion 125, no Magistrate oF ‘on as to the commission of | | be compelled to say whence he any informati any offence Answer in One sentence: 36, Examination-in Answer : The exami in-chief, ‘hief means ~ ation of a witness by the party who calls him, is called his examin; 37. When leading questions may be asked ? sked in cross-examination. ‘Answer : Leading questions may be a 38. Define admission. “Answer : An admission is a statement, oral or documentary Of contained in electronic ‘which suggests any inference as to ant fact in issue or relevant fact, and which is made inces, hereinafter mentioned. of the persons, and under the circumstar 39. Proof of documents by production of certified copies— “Answer : is called a secondary evidence. 40. Accomplice means — ‘Answer : An accomplice is a person wl guilty associate in crime) ho has concurred in the commission of an offen SECTION —I1_(60 : Marks) Q. 11: Answer Any Two questions from the following : a) Distinguish between “may presume” and “shall presume”. b) “The provisions of the Indian Evidence Act are intended to separate 1 from the chuff and secure for the consideration of the Court the best evi Discuss. ©) What is ‘dying declaration’ ? Can a conviction be based on a dying decla a) What is a doctrine of estoppel in law ? Q. LL: Write short notes on Any Four of the following a) Admissions and Confessions. b) Hostile Witness. c) Leading questions. d) Conclusive proof. ¢) Public Document. f) Effect of Extra-Judicial Confession. eee Scanned with CamScanneris meant by burden of proof? On whom does it Ne? sin the concept of Secondary Evidence, tinguish between “Evidence” and “Matters before the Court’, ect any one option only. Fill in the blanks, ‘questions to be answered on the negative marking, question paper itself, The primary object of the Indian Evidence Act, 1872 is to~ ) idat 4 ‘The Indian Evide a) January. -b) April, ©) December, 4) September. nce Act, 1872 came into force on the 1° day of .. ssoy 1872, ‘The *Court’ under the Indian Evidence Act, 1872 includes — 4) All Judges. +b) All Magistrates. ©) All Judges i ~ d) High Court, Scanned with CamScannerScanned with CamScanner5 provides that, “this Section shall not enable fhet which he in disenttled to prove by any provision of the Ine he woe f the law for the time Act, 1872 accepts ...... «in practice ‘True Evidence theory. ; Evidence theory. -d) Just Evidence theory. “Fact under $. 3 means ~ —b) things ©) information, dy evidence, 20. Under, 3, illustration, that a man has a certain reputation is ~ ‘an opinion, afc, ~ Scanned with CamScannerScanned with CamScannertS. 56, no fact of which the Court will take judicial Notice need be 36, Cross-examination is applicable in ~ a) civil matters. 'b) criminal matters. c) testamentary matters, 4) all of the above. ban 37. Estoppel is based on = Sy Ethics. 3 c) Evidence. d) None of the above, ee ee Scanned with CamScanner‘Scanned with CamScannerjor weapon is relevant ? ant under Section 27, ‘a confession under Section 164 Cr.P.C, regarding murder committed by him, isnot recovered by the police, A is charged under Section 302 1,P.C, . 64 is justified, ‘a dying declaration, Medical condition of A was very grave, that his testimony ‘not be relied upon, A subsequently dies, The accused is charged on the basis of Whether declaration is admissible ? Inder Section 32 such dying declaration under the above said circumstances, is not ii) Whether other circumstantial evidence is relevant ? ‘Answer : Yes. Such other circumstantial evidence is relevant. 1) The question is as to the date of A’s birth. Decide whether an entry in the diary of a deceased surgeon, regularly kept in the course of business, stating that on a given day, he attended A’s mother and delivered her of a son, is a relevant fact ? ‘Answer : Section 5 of The Indian Evidence Act, 1872. [26] Law of Evidence (Revised Course) April, 2005 Marks 100 With Solutions N.B. (1) All questions are compulsory: (2) Select any one option only. 3) Fill in the blanks. : o ‘All questions to be answered on the question paper itself: (5) No negative marking, Scanned with CamScannerScanned with CamScannerany fact is relevant which shows or i tat ois constitutes ~ >) inference. 4) none of the above. "17 In civil case, no adision is flevant i evidence of itis not to be given. This ar ereresaemeu 8 CSS condition that a) Ex-gratia. cannon Ps 'b) Under protest. ) Will judice. {dy None of the above. 8. Leading questions eannot be asked in ~ a) ‘Examination-in-chief, by Cross-examination.. Scanned with CamScanner4 Scanned with CamScannerIl facts, except the contents of fr documents or electronic records ma: evidence, none of the above. 12. Presumption as to dowry death under Section 113B was introduced by the Amendment Act pect a) 1983, b) 1984, ©) 1985, 4) 1986, 33. Presumption as to abetment of suicide by married woman was introduced by the Amendment Act of ~ a) b) 1984, ©) 1985, 4d) 1986, 34, Estoppel under Section 115 is binding upon ‘4) person making it, b) i ©) person making affidavit Scanned with CamScanner‘Scanned with CamScanner