1. Define Evidence. What are the various kinds of evidence?

(ODPSRHDI)
1. Oral Evidence
2. Documentary Evidence
3. Primary Evidence
4. Secondary Evidence
5. Real Evidence
6. Hearsay Evidence
7. Direct Evidence
8. Indirect Evidence or Circumstantial Evidence
3evidence.pdf

https://taxguru.in/corporate-law/types-evidence.html

2. When facts not otherwise relevant become relevant? Discuss (section 11)

When facts not otherwise relevant become relevant

(1) if they are inconsistent with any fact in issue or relevant fact;

(2) if by themselves or in connection with other facts they make the existence
or non-existence of any fact in issue or relevant fact highly probable or improbable.

(a) The question is, whether A committed a crime at Calcutta on a certain day.
The fact that, on that day, A was at Lahore is relevant. The fact that, near the time
when the crime was committed, A was at a distance from the place where it was
committed, which would render it highly improbable, though not impossible, that he
committed it, is relevant.

(b) The question is, whether A committed a crime. The circumstances are such
that the crime must have been committed either by A, B, C or D, every fact which
shows that the crime could have been committed by no one else and that it was not
committed by either B, C or D, is relevant.

Ple of Alibi :- Elsewhere ,Somewhere Else

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3. Explain the relevancy of confession under Indian Evidence Act.(PG.11)

TYPES OF CONFESSION [JER]

1. Judicial Confession
2. Extra-Judicial Confession
3. Retracted confession

RELEVANCY/RELEVANT OF CONFESSION [IPAITSCC]

1. Section 24 Evidence Act – Confession by Inducement, Threat or Promise

2. Section 25 Evidence Act – Confession to Police Officers Not to be Proved
3. Section 26 Evidence Act – Confession by Accused When in Custody
4. Section 27 Evidence Act – Information Received From Accused That May be
Proved
5. Section 28 Evidence Act – says that confession shall be relevant when the
impression of such inducement, threat or promise is removed
6. Section 29 Evidence Act – Confession Otherwise Relevant Not to Become
Irrelevant
7. Section 30 Evidence Act – Consideration of Proved Confession

https://www.writinglaw.com/what-is-confession-under-evidence-act

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4. Discuss the provisions of Burden of Proof under Indian Evidence Act

(Pg.48) (BLPPCEDPROGBPP)

1) (Section 101) Burden of Proof

2) (Section 102) On whom burden of proof lies
3) (Section 103) Burden of proof as to particular fact
4) (Section 104) Burden of proving fact to be proved to make evidence admissible
5) (Section 105) Burden of proving that case of accused comes within exceptions
6) (Section 106) Burden of proving fact especially with in knowledge
7) (Section 107) Burden of proving death of person known to have been alive within 30ty
years
8) (Section 108) Burden of proving that Person is alive who has not been heard of for seven
years
9) (Section 109) Burdon of proof as to relation in case of partners
10) (Section 110) Burden of proof as to ownership
11) (Section 111) Proof of good faith in transactions where one party is in relation of active
confidence
12) (Section 112) Birth During marriage conclusive proof of legitimacy
13) (Section 113A) Presumption as to abetment of suicide by a married woman
14) (Section 113B) Presumption as to dowry death

5. What is meant by examination of witnesses? Describe its kinds. [PDEEHCDCAI]

1. Prosecution witness
2. Defense witness
3. Eye witness
4. Expert witness
5. Hostile witness
6. Child witness
7. Dumb witness
8. Chance witness
9. Accomplice witness
10. Interested witness
https://blog.ipleaders.in/witnesses-under-the-indian-evidence-act/#Who_is_a_witness

6. What is estoppel? Discuss estoppels in detail (Pg.60)

Kinds of estoppel [MDNCSSS]

1. Estoppels by matter of record

2. Estoppel by deed
3. Estoppel by Negligence
4. Estoppel by Conduct
Section15 – doctrine of estoppels
Section16 – estoppel of tenant and licensee of person in possession
Section17 – estoppel of acceptor of bill of exchange, bailee or the licensee

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What is meant by examination of witnesses? Describe its kinds.

Introduction
The witnesses are a crucial part of a criminal case with their testimony being the major
proof in favour of or against the accused providing a fair judgement delivered on the
principle of justice. The Indian Evidence Act provides certain provisions as to the persons
capable of testifying in court of law and its admissibility. The article covers an extensive
research based article on the information of the provisions on witnesses in the Indian
Evidence Act.

Who is a witness?
The Criminal Jurisprudence in India has been established on certain principles founded by
the Judiciary through its pronouncements. These are exhaustive in nature with wide
acceptance across the country.

It is a presumption that every accused is innocent until proven guilty in a court of law
provided all principles of natural justice were followed in a fair trial.
The burden of proof lies on the prosecution to prove the guilt of the accused rather than
him proving innocence.
The proof shall be conclusive enough to prove the guilt beyond the reasonable doubt.
In case of any doubt regarding the guilt of the accused, the benefit of doubt is provided to
the accused and he shall be acquitted.
To satisfy all these requirements of criminal jurisprudence, just and fair trial are carried
out with each party putting their contentions before the judge. Investigation is the tool to
detect a crime which comprises omissions by the investigating officers, later to be
completed by the testimony of the witnesses that had first hand information of the crime
committed. The statements by the witnesses are submitted as evidence in a Court made
under an oath, whether oral statements or written testamentary deposition. It is the
obligation of the witness to assist the court in delivering justice by attending the
proceedings when required.

Who can be a witness?

Section 118 of the Act states the persons who can be a witness. The court identifies all
competent individuals who can testify with proper knowledge of the crime. There are
restrictions placed in consideration by the court on those who are incompetent in
understanding the questions put to them, these include:
by tender years;
extreme old age;

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disease, whether of body or mind, or any other cause of the same kind.
The condition of the witness does not bar him from testifying but his incompetency to
understand the questions or answer rationally exclude him from being a witness.

Different kinds of witnesses

1. Prosecution witness – Any witness who has been brought into the court to testify
by the prosecution while supporting their claims.
2. Defence witness – Any person who justifies the contentions of the defence by
providing such statements that can discharge the accused from any charges filed.
3. Eye witness – Any person who helps the court by describing the acts committed on
the crime scene with complete authenticity as it was present there and has first
hand information.
4. Expert witness – Any person who has the professional, educational or judicial
expertise on the matter beyond any average individual, and the court can rely on its
testimony to declare a verdict.
5. Hostile witness – Any person who by his consequent statements gives out an
impression of not letting out the truth or not desirous of hiding the truth.
6. Child witness – A child who has the understanding of the questions of the court or
has the rational answers to the questions put forward can testify in a court as per
section 118 of Indian Evidence Act.
7. Dumb witness – Any person who is not capable of giving oral statements can be
allowed to provide statements in written declaratory form in the court. Such written
statements shall be deemed as oral evidence.
8. Chance witness – Any person who by the matter of coincidence happens to be
present at the site of crime committed.
9. Accomplice witness – Any person who was connected to the crime in its illegal
commission or omission provides the statements in the court.
10. Interested witness – Any person who has some interest in the case or its verdict in
order to extract some material benefit out of it.

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Define Evidence. What are the various kinds of evidence
1. Oral Evidence:
Oral Evidence means all statement which the court permits or requires to be made before
it by witnesses, in relation to matter of fact under inquiry. Section 59 of the Indian
Evidence Act reads as ‘all facts, apart from the contents of a document or electronic
records shall be considered as oral evidence’. When it comes to recording statements,
most of the evidence is given orally hence everything in a way is oral evidence. Even if a
witness cannot communicate orally whatever they say in writing or any other format to
the court will still fall under the category of oral evidence.
if it refers to a fact which could be seen, it must be the evidence of a witness who says he
saw it; if it refers to a fact which could be heard, it must be the evidence of a witness who
says he heard it; if it refers to a fact which could be perceived by any other sense or in
any other manner, it must be the evidence of a witness who says he perceived it by that
sense or in that manner; if it refers to an opinion or to the grounds on which that opinion
is held, it must be the evidence of the person who holds that opinion on those grounds
2. Documentary Evidence:
all documents including electronic records produced for the inspection of the Court; such
documents are called documentary evidence. Documents are divided into two categories,
Public Documents and Private Documents. The production of Documents in Court is
regulated by Civil Procedure Code and the Criminal Procedure Code. The contents of
documents must be proved either by the production of document which is called Primary
Evidence or Secondary Evidence.
3. Real Evidence:
Real evidence, often called physical evidence, consists of material items involved in a
case, objects and things the Court can physically hold and inspect. Examples of real
evidence include fingerprints, blood samples, DNA, a knife, a gun, and other physical
objects. Real evidence is usually admitted because it tends to prove or disprove an issue
of fact in a trial. Real evidence is usually involved in an event central to the case, such as
a murder weapon, clothing of a victim, narcotics or fingerprints. In order to be used at
trial, real evidence must be relevant, material, and authentic. The process whereby a
lawyer establishes these basic prerequisites is called laying a foundation, accomplished
by calling witnesses who establish the item’s chain of custody.

4. Hearsay Evidence:
Hearsay Evidence means the statement o witness not based on his personal knowledge
but on what he heard from others It is not direct evidence. Evidence that is not direct is
what he heard from a third party who is not himself called as witness. The evidence of
such witness is inadmissible to prove the truth of the fact stated.

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5. Direct Evidence:
Direct evidence is evidence that will prove the point in fact without interpretation of
circumstances.. It is any evidence that can show the court that something occurred
without the need for the judge to make inferences or assumptions to reach a conclusion.
An eyewitness who saw the accused shoot a victim would be able to provide direct
evidence. Similarly, a security camera showing the accused committing a crime or a
statement of confession from the accused admitting to the crime could also be considered
direct evidence. Direct evidence should not be confused with the concept of direct
examination, which is the initial examination and questioning of a witness at trial by the
party who called that witness. And, although each witness who provides evidence could,
in theory, be providing direct testimony of their own knowledge and experiences, that
evidence is often not direct evidence of the offence itself.

6. Circumstantial Evidence or Indirect Evidence:

Circumstantial evidence is an Evidence that relies on an inference to connect it to a
conclusion of fact. such as a fingerprint at the scene of a crime. Peter Murphy defines
Circumstantial Evidence as “Evidence from which the desired conclusion may be drawn.
The Evidence which requires the court not only to accept the evidence presented but also
draw an inference from it.