TOA Questions series on Evidence

Law

All questions are compulsory

Marks 20
Time: 1 hour

This is question paper consists long type

questions and MCQs. .

1. Define confession. Whether

communication is necessary for the
confession? Whether confession can be
accepted in part and rejected in part?
Discuss. (Marks 15)

2. Discuss the evidentiary value of

retracted and extra judicial confession.

3. If an accused pleads that he did not

make the confession, it amounts to
(a) Perjury
(b) Retraction
(c) False evidence
(d) None of the above

4. Assertion (A) : An admission of a

gravely incriminating fact, even a
conclusively incriminating fact is not of
itself a confession.
Reason (R) : It was observed by their
Lordship of the Privy Council in Pakala
Narayanaswami v Emperor, AlR 1939 P.C.
47, that the word
'confession' as used in the Indian
Evidence Act cannot be construed as
meaning a statement by an accused
suggesting the inference that he
committed the crime.
(a) Both A and R are true and R is the
correct explanation of A
(b) Both A and R are true but R is not the
correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

5. For the application of S.24 of the Indian

Evidence Act (now sec. 22 BSA) which of
the following ingredients are required to
be established?
(a) The confession has to be made to a
person in authority
b) The confession was obtained by reason
of any inducement, threat or promise
proceeding from a person in authority
(c) The inducement,
threat or
promise must have reference to the
charge against the accused person
(d) All of the above

6. A confession made by an agent or

representative is..
(a) Relevant
(b) Not relevant
(c) Partly relevant