 Fact In-Issue; Relevant Facts; Document.

 Evidence: Proved; Disproved; Not Proved.

 Presumptions: May Presume, Shall Presume, and Conclusive Proof.
 Circumstantial Evidence.
 Relevancy and Admissibility; Res Gestae.

 Admission and Confession.

 Dying Declaration.
 Relevancy of Judgments.
 Opinion of Experts; Opinion of Third Persons.
 Conduct and Character of Parties.
 Judicial Notice.
 Estoppel.
 Means of Proof: Oral Evidence; Documents – Public Document, Private Document, Primary
and Secondary Evidence; Exclusion of Oral by Documentary Evidence.
 Burden of Proof.
 Witnesses: Competency and Compellability of Witnesses; Examination of Witnesses;
Privileges – State Privilege and Private Privilege.

2023 Section A: Very Short Answer Questions

(Each answer not exceeding 75 words)

1. Relevant Fact
A relevant fact is a fact connected to the issue being adjudicated, either directly or
indirectly. Under the Indian Evidence Act, facts that establish the context, motive,
preparation, or conduct of parties are considered relevant. For example, a prior agreement
in a contract dispute may be a relevant fact under Section 7.
2. Hostile Witness
A hostile witness is one who resiles from their earlier statement made to the police or
supports the opposite party during cross-examination. Under Section 154 of the Indian
Evidence Act, the court may permit the party calling the witness to cross-examine them.
3. Secondary Evidence
Secondary evidence includes certified copies, counterparts of documents, or oral accounts
of the contents of a document, as defined under Section 63 of the Indian Evidence Act. It
is admissible when primary evidence is unavailable due to specific circumstances.
4. Fact in Issue
A fact in issue is a fact asserted by one party and denied by the other, which the court
must decide to resolve the case. For instance, in a theft case, the identity of the thief is a
fact in issue (Section 3).
 5. Conclusive Proof
Conclusive proof is evidence that the law does not permit to be contradicted, as per
Section 4 of the Indian Evidence Act. For example, a presumption of legitimacy under
Section 112 cannot be rebutted if conditions are fulfilled.

Section B: Short Answer Questions

(Each answer not exceeding 200 words)

6. Oral Evidence Must Be Direct

Section 60 of the Indian Evidence Act mandates that oral evidence must be direct,
meaning the person testifying must have seen, heard, or perceived the fact themselves.
For example, a witness who saw an accident can testify about what they observed.
Exceptions:

 Hearsay evidence is allowed in cases like dying declarations under Section 32.
 Expert opinions under Section 45.
 Admissions made in another’s presence, per Section 21.

7. Burden of Proof in Civil and Criminal Cases

The burden of proof refers to the obligation to prove allegations.

 Criminal Cases: The prosecution bears the burden to prove guilt beyond reasonable
doubt (Section 101).
 Civil Cases: The burden lies on the party making a claim, which must be proven on a
balance of probabilities. For example, in a contract dispute, the claimant must prove the
breach occurred.

8. Judicial vs. Extra-Judicial Confession

 Judicial Confession: Made before a judicial magistrate during trial or preliminary

inquiry (Sections 164, 80). Example: A guilty plea in court.
 Extra-Judicial Confession: Made outside court to any person or authority. Example: A
confession to a friend. Extra-judicial confessions must be corroborated as they are less
reliable.

Section C: Detailed Answer Questions

(Each answer in detail)

9. Expert Opinion
Section 45 of the Indian Evidence Act allows expert opinions to be admissible on matters
 requiring specialized knowledge in fields like handwriting, fingerprints, or medicine.
Circumstances of Relevance:

 When the court needs scientific, technical, or professional expertise.

 Example: A handwriting expert’s opinion on forged signatures in a document.
However, the court is not bound by the expert’s opinion and can reject it if it lacks
credibility.

10. Leading Questions

Leading questions suggest the desired answer, e.g., “Did you see X commit the theft?”
Provisions under the Indian Evidence Act:

 Allowed in cross-examination (Section 143).

 Prohibited during examination-in-chief or re-examination unless permitted by the court
(Section 142).
 Allowed in chief examination for matters of introduction. For instance, "Are you a
resident of Delhi?"

11. Accomplice and Testimony

An accomplice is someone involved in the same crime as the accused.
Circumstances for Conviction Based on Testimony:

 Section 133 permits conviction based on an accomplice’s testimony if corroborated.

 Example: In R v. Baskerville, the court ruled that corroborative evidence is necessary to
avoid wrongful convictions.

12. Dying Declaration

A dying declaration is a statement made by a person about the cause of their death,
admissible under Section 32(1).
Essentials:

 The declarant must have a settled expectation of death.

 The statement should relate to the cause of death.
Example: If a victim of a fire names the perpetrator before dying, it is admissible
evidence.

13. Law of Estoppel

Estoppel prevents a person from denying a fact they previously asserted, as per Section
115 of the Indian Evidence Act.
Essentials:

 Representation by one party.

 Reliance by another party.
 Detriment due to reliance.
Example: If a landlord allows a tenant to believe a lease extension exists, they cannot
later deny it. Estoppel fosters fairness and consistency in legal dealings.
2022 Section A: Very Short Answer Questions

(Each answer not exceeding 75 words)

1. What is a Fact?
A fact is a circumstance, event, or condition relevant to a case, as defined under Section 3
of the Indian Evidence Act. Facts may include physical occurrences, mental states, or
relationships that help in determining the issues in a case.
2. Proved
A fact is said to be proved when, based on evidence presented, the court believes it exists
or considers its existence probable under Section 3 of the Indian Evidence Act.
3. Estoppel
Estoppel prevents a person from denying or asserting something contrary to what they
previously represented, especially if another party relied on that representation, as per
Section 115 of the Indian Evidence Act.
4. Hearsay Evidence
Hearsay evidence is a statement made outside the court that is offered in court to prove
the truth of the matter asserted. It is generally inadmissible unless it falls under
exceptions like dying declarations (Section 32).
5. Relevant Fact
Relevant facts are those connected to the matter in question by causation, motive,
preparation, or conduct, making them significant to the decision of a case (Section 5).

Section B: Short Answer Questions

(Each answer not exceeding 200 words)

6. Direct vs. Circumstantial Evidence

 Direct Evidence: Proves a fact directly, without requiring inference. Example:

Eyewitness testimony of a robbery.
 Circumstantial Evidence: Relies on inferences to connect facts. Example: Fingerprints
at a crime scene.
A person can be convicted on circumstantial evidence if it forms a chain of events
pointing to guilt without any reasonable doubt, as upheld in Sharad Birdhichand Sarda v.
State of Maharashtra.

7. Relevancy vs. Admissibility of Evidence

 Relevancy: Determines whether evidence is logically connected to a fact in issue

(Sections 6-55).
 Admissibility: Depends on whether the law allows the evidence to be presented in court.
Relevant evidence may still be inadmissible if it violates legal rules (e.g., illegally
obtained confessions under Section 24).

8. Judicial vs. Extra-Judicial Confession

 Judicial Confession: Made before a magistrate or court during proceedings. Example: A

confession during trial.
 Extra-Judicial Confession: Made to any person outside court. Example: A confession to
a friend.
Judicial confessions are more reliable as they are recorded under legal safeguards, while
extra-judicial confessions need corroboration.

Section C: Detailed Answer Questions

(Each answer in detail)

Who May Testify? Is a Judge or Magistrate a Competent Witness?

Under Section 118 of the Indian Evidence Act, anyone competent to understand and respond to
questions may testify, unless legally disqualified.

 Judges or magistrates are competent witnesses if they have relevant knowledge outside
their judicial capacity. However, under Section 121, they cannot testify about matters
discussed during their judicial decision-making.

10. Primary vs. Secondary Evidence

  Primary Evidence: The original document itself (Section 62). Example: The original
contract.
 Secondary Evidence: Copies or substitutes of the original, permitted under Section 63,
in cases like loss or destruction of the original.
Secondary evidence is admissible if conditions under Section 65, like the unavailability
of the original, are satisfied.

11. Fact in Issue and Relevant Facts

A fact in issue is directly disputed in a case, like whether a contract exists. Facts not
otherwise relevant may become relevant if connected under Sections 6-11.
Example: Under the doctrine of res gestae (Section 6), a witness hearing a scream during
a murder may make their testimony relevant.
12. Accomplice Testimony
Under Section 133, an accomplice’s testimony is admissible but requires corroboration
due to its unreliability. Courts presume accomplices unworthy of credit unless their
evidence is independently verified (R v. Baskerville).
13. Admission and Its Relevance
An admission is a statement made by a party acknowledging facts against their interest
(Section 17). Admissions are relevant if they establish liability or guilt and are not made
under coercion or misrepresentation.
Example: In Narayan Bhagwantrao Gosavi Balajiwale v. Gopal Vinayak Gosavi,
admissions helped establish liability in a contractual dispute.

2021 :Section A: Very Short Answer Questions

(Answers not exceeding 75 words)

1. Oral Evidence
Oral evidence refers to statements made by witnesses in court during a trial. According to
Section 60 of the Indian Evidence Act, oral evidence must be direct, meaning the witness
must have personally seen, heard, or perceived the event in question. It cannot be hearsay
unless allowed under specific exceptions, such as a dying declaration.
2. Dying Declaration
A dying declaration is a statement made by a person who is about to die, regarding the
cause or circumstances of their death. Under Section 32(1) of the Indian Evidence Act, it
is admissible in court, as the declarant is presumed to speak truthfully, knowing death is
imminent.
3. Fact in Issue
A fact in issue is a fact that is directly in dispute and requires a court decision. It is central
to the resolution of a case. For example, in a theft case, whether the accused committed
the theft is a fact in issue.
4. Conclusive Proof
Conclusive proof is evidence that the law deems incontrovertible. Under Section 4 of the
Indian Evidence Act, it cannot be challenged by further evidence. For example, under
Section 112, the legitimacy of a child born during wedlock is conclusive proof.
 5. Relevant Fact
A relevant fact is one connected to the fact in issue by circumstances such as causation,
motive, or preparation. It is admissible in court under Sections 6 to 11 of the Indian
Evidence Act. For example, prior threats in a murder case are relevant facts.

Section B: Short Answer Questions

(Answers not exceeding 200 words)

6. Secondary Evidence and Its Admissibility

Secondary evidence refers to copies or substitutes of original documents, admissible only
under specific circumstances as outlined in Section 63 of the Indian Evidence Act.
Examples include certified copies and oral accounts of a document’s content.
Admissibility (Section 65):

 When the original document is lost or destroyed.

 When the original is in possession of an adversary who fails to produce it.
 When the document is a public record.
Secondary evidence is admissible to ensure justice when the primary evidence is
unavailable.

7. Proving Disputed Handwriting

Disputed handwriting can be proved using expert opinions (Section 45), comparison by
the court (Section 73), or witnesses familiar with the handwriting (Section 47).
Expert Opinions: Experts analyze and provide technical insights.
Comparison by the Court: The court itself can compare the disputed handwriting with
known samples.
Example: In Murari Lal v. State of MP, the court upheld the comparison of handwriting
as admissible evidence.
Experts’ opinions hold evidentiary value but are not conclusive and must be
corroborated.
8. Who Is an Accomplice?
An accomplice is someone who voluntarily participates in the commission of a crime.
Circumstances for Conviction: Under Section 133 of the Indian Evidence Act, a
conviction can be based on accomplice testimony if corroborated by independent
evidence.
For example, in R v. Baskerville, the court emphasized that corroboration is necessary to
validate the testimony of an accomplice.

Section C: Detailed Answer Questions

(Answers in detail)
9. Hearsay Evidence and Exceptions
Hearsay evidence is information a witness has not directly perceived but has learned from
others. Under Section 60, hearsay is generally inadmissible due to its unreliability.
Exceptions (Sections 32 and 33):

 Dying Declarations (Section 32): Statements made by a dying person about the cause of
their death.
 Statements in Public Documents: Statements recorded in official records.
 Statements Against Interest: Admissions by a party adverse to their interests.
These exceptions ensure justice in cases where direct evidence is unavailable.

10. Provisions of Evidence Act Related to Privileged Communication

Privileged communication refers to confidential information exchanged between specific
parties that is protected from disclosure in court.
Key Provisions:

 Section 122: Protects communication between spouses during marriage, unless one
spouse is accused by the other.
 Section 126: Bars advocates from disclosing client communications unless permitted by
the client.
 Section 129: Protects the confidentiality of professional advice sought from legal
practitioners.
These provisions uphold privacy and professional integrity while balancing justice.

11. Who May Testify? Is a Judge or Magistrate a Competent Witness?

Under Section 118 of the Indian Evidence Act, anyone capable of understanding and
responding to questions is competent to testify unless legally disqualified.
Judges and Magistrates:

 Generally, they are not witnesses in cases they preside over.

 Under Section 121, judges cannot be compelled to testify about matters discussed during
judicial proceedings.
Example: A magistrate may testify about facts observed outside their judicial capacity but
not about their decisions.
2020: Section A: Very Short Answer Questions

(Answers not exceeding 75 words)

1. Define ‘Fact in Issue’ and ‘Relevant Fact’

 Fact in Issue: A fact directly in dispute and essential for a court's decision. Example: In a
murder case, whether the accused committed the murder.
 Relevant Fact: Facts connected to the fact in issue, such as causation, motive, or
preparation. Example: A prior threat made by the accused.

2. Who is a Hostile Witness?

A hostile witness is one who turns against the party that called them to testify by resiling
from their earlier statement or supporting the opposing party. Under Section 154 of the
Indian Evidence Act, such witnesses can be cross-examined by the party that called them.
3. When is the Character of a Person Relevant?
The character of a person is relevant in criminal cases under Sections 52 to 55 of the
Indian Evidence Act when it directly affects issues such as motive, conduct, or
predisposition. For instance, a prior violent history may be relevant in a murder trial.
4. Can a Dumb Person Be a Competent Witness?
Yes, a dumb person is a competent witness under Section 119 of the Indian Evidence Act
if they can communicate effectively through writing, signs, or gestures understood by the
court.
Section B: Short Answer Questions

(Answers not exceeding 200 words)

5. Explain ‘Oral Evidence’ with Exceptions

Oral evidence, as per Section 60 of the Indian Evidence Act, refers to statements made by
witnesses in court. It must be direct, meaning the witness must have personally perceived
the fact.
Exceptions:

 Statements made under Sections 32 and 33, such as dying declarations or depositions in
earlier proceedings.
 Hearsay evidence allowed under specific conditions, e.g., public documents.
Oral evidence serves as primary evidence unless a statute explicitly provides otherwise.

6. Define ‘Document’ with Illustrations

A document is defined under Section 3 of the Indian Evidence Act as any matter
expressed or described upon any substance using letters, figures, or marks intended to
record or convey information.
Examples:

 Written contracts.
 Fingerprints or electronic records like emails.
Illustration: A deed of sale for property is a document proving ownership.

Section C: Detailed Answer Questions

(Answers in detail)

7. Rules Regarding ‘Burden of Proof’

The burden of proof is the obligation of a party to prove the facts asserted.

 General Rule (Section 101): The burden lies on the person making an assertion. For
instance, the prosecution must prove guilt in criminal cases.
 Shifting Burden: In civil cases, the burden may shift between parties as evidence
unfolds.
 Specific Instances: Presumptions under Sections 105 (exceptions claimed by the
accused) or 113A (dowry deaths) may shift the burden to the accused.
The rules ensure a fair trial by preventing arbitrary accusations.

8. What Is a ‘Dying Declaration’? Discuss Its Essentials

A dying declaration, under Section 32(1), is a statement made by a person regarding the
cause or circumstances of their death.
Essentials:
 The declarant must be aware of impending death.
 The statement must pertain to the cause of death.
 It must be voluntary and without coercion.
Sole Basis of Conviction: Courts have held that a dying declaration can form the sole
basis of conviction if it is consistent and credible (R v. Woodcock).

9. Distinguish Between Admission and Confession

 Admission (Section 17): A statement acknowledging a relevant fact that may not amount
to guilt. Example: Admitting ownership of a disputed property.
 Confession: A specific admission of guilt in a criminal offence. Example: Admitting to
committing theft.
Essentials of a Valid Confession:
 Made voluntarily without coercion.
 Recorded as per legal procedures (Sections 24–30).
The court may convict solely on a confession if corroborated by other evidence.

10. Law Regarding Estoppel Under the Indian Evidence Act

Estoppel, as per Section 115, prevents a person from denying a fact previously asserted if
another party has acted upon that assertion to their detriment.
Illustration: A landlord, after consenting to an extension of lease verbally, cannot later
deny the extension if the tenant has incurred costs based on that assurance.
Exceptions: Estoppel does not apply to criminal proceedings.
2019: Section A: Very Short Answer Questions

(Answers not exceeding 75 words)

1. What is Hearsay Evidence?

Hearsay evidence is a statement made outside the court, offered to prove the truth of the
matter asserted. It is generally inadmissible under Section 60 of the Indian Evidence Act
due to its unreliability, unless it falls under exceptions such as dying declarations (Section
32).
2. Define ‘Proved,’ ‘Not Proved,’ and ‘Disproved.’

 Proved: A fact is proved when the court believes it exists based on evidence (Section 3).
 Not Proved: A fact is not proved when insufficient evidence exists to confirm its truth or
falsity.
 Disproved: A fact is disproved when evidence suggests its non-existence.

3. What is Secondary Evidence?

Secondary evidence includes substitutes for original documents, such as certified copies,
duplicates, or oral accounts of document contents, as defined under Section 63. It is
admissible under circumstances like loss of the original (Section 65).
4. What Questions Can Be Asked During Cross-Examination?
During cross-examination, questions testing the witness's credibility, statements in chief-
examination, or facts tending to impeach reliability may be asked, as per Sections 146–
148 of the Indian Evidence Act.
Section B: Short Answer Questions

(Answers not exceeding 200 words)

5. Define Expert Opinion

Expert opinion is the testimony of a person skilled in a specific field like science, art, or
handwriting, as recognized under Section 45 of the Indian Evidence Act.
Circumstances of Relevance:

 Handwriting or fingerprint comparison.

 Medical opinions in injury or poisoning cases.
Example: In Murari Lal v. State of MP, the court upheld reliance on handwriting experts.
While valuable, expert opinions are not conclusive and require corroboration.

6. What Is Confession? Differentiate Between Admission and Confession

 Confession: A voluntary acknowledgment of guilt by an accused in a criminal offence

(Sections 24–30).
 Admission: A statement acknowledging a fact that may or may not imply guilt (Section
17).
Differences:
 Confessions are restricted to criminal cases; admissions are used in civil and criminal
cases.
 Confessions lead to self-incrimination, while admissions need not.
Example: Admitting debt in a civil case is an admission, not a confession.

Section C: Detailed Answer Questions

(Answers in detail)

7. Dying Declaration and Its Reliability

A dying declaration is a statement made by a person about the cause or circumstances of
their death (Section 32).
Test for Reliability:

 It must be consistent and voluntary.

 The declarant must have a settled expectation of death.
Conviction on Sole Basis: Courts can convict based on an uncorroborated dying
declaration if it is credible (R v. Woodcock).
Case Law: In K. Ramachandra Reddy v. Public Prosecutor, the Supreme Court held that
dying declarations require no corroboration if true.

8. Law Regarding Estoppel Under the Indian Evidence Act

Estoppel prevents a person from denying a fact they previously asserted, leading another
 party to act to their detriment (Section 115).
Examples:

 A landlord assuring a tenant of lease extension cannot later deny it if the tenant incurred
costs.
Limitations: Estoppel does not apply in criminal cases and cannot override statutes.

9. Important Rules Regarding Relevancy of Facts

The Indian Evidence Act defines relevancy in Sections 6–55.

 Doctrine of Res Gestae (Section 6): Facts forming part of the same transaction.
 Motive and Preparation (Section 8): Actions explaining conduct.
 Similar Facts (Section 11): Facts inconsistent with the fact in issue.
Relevance ensures only pertinent information aids judicial decisions.

10. Privileged Communications

Privileged communications are confidential exchanges protected from disclosure in court.
Provisions:

 Section 122: Protects spousal communication during marriage.

 Section 126: Prohibits legal advisors from disclosing client information without consent.
Exceptions: Communications related to illegal activities are not privileged.
Example: A client admitting intent to commit fraud to a lawyer is not protected.
2018 :Section A: Very Short Answer Questions

(Answers not exceeding 75 words)

1. Who is a Hostile Witness?

A hostile witness is one who turns against the party that called them to testify, often
resiling from their earlier statements. Under Section 154 of the Indian Evidence Act, the
court permits the cross-examination of a hostile witness by the party that called them.
2. Differentiate Between ‘Fact in Issue’ and ‘Relevant Fact.’

 Fact in Issue: A fact directly in dispute and essential for the court’s decision. Example:
In a theft case, whether the accused committed the act.
 Relevant Fact: Facts connected to the fact in issue, such as motive or preparation,
making them admissible under Sections 6–11. Example: Prior threats in a murder case.

3. What is Impeaching the Credit of a Witness?

Impeaching the credit of a witness involves challenging their credibility by proving
inconsistencies in their testimony or bias. Sections 146–153 of the Indian Evidence Act
outline the methods, such as questioning previous contradictory statements or personal
motives.
4. Define ‘Document’ Under the Indian Evidence Act.
As per Section 3, a document is any matter expressed or described upon a substance by
means of letters, figures, or marks to convey information. Examples include contracts,
wills, and digital records.
5. Is a Child a Competent Witness?
Yes, under Section 118 of the Indian Evidence Act, a child can be a competent witness if
 they understand the nature of the questions and can give rational answers. However,
courts may assess the reliability of their testimony.

Section B: Short Answer Questions

(Answers not exceeding 200 words)

6. What are the Rules Regarding Leading Questions Under the Indian Evidence Act?

 Definition: Leading questions suggest the answer, e.g., "Did you see X commit the
theft?"
 Rules (Sections 141–143):
o Allowed in cross-examination.
o Restricted during examination-in-chief unless permitted by the court.
o Allowed in chief examination for introductory matters (e.g., identity of the
witness).
These rules ensure that testimony remains unbiased and reliable.

7. What is Meant by ‘Expert Opinion’? Under What Circumstances Are Experts’

Opinions Relevant?
Expert opinion refers to insights provided by individuals with specialized knowledge in a
particular field, as per Section 45 of the Indian Evidence Act.
Circumstances of Relevance:

 Handwriting or fingerprint comparison.

 Determination of cause of death in medical cases.
 Scientific evidence like DNA analysis.
Example: In Murari Lal v. State of MP, the court relied on handwriting experts for a
forgery case.

Section C: Detailed Answer Questions

(Answers in detail)

8. Essentials of a Valid Dying Declaration

A dying declaration is a statement made by a person about the cause or circumstances of
their death, admissible under Section 32(1).
Essentials:

 Made by a person who believes death is imminent.

 Relates to the cause or circumstances of death.
 Must be voluntary, consistent, and untainted by coercion.
Conviction on Sole Basis: Courts may convict based on a dying declaration if it is
credible and consistent (R v. Woodcock).
Case Law: In K. Ramachandra Reddy v. Public Prosecutor, the Supreme Court ruled that
corroboration is not mandatory if the declaration is reliable.

9. Difference Between Admission and Confession, and Rules for Confession of Co-
Accused

 Admission (Section 17): A statement acknowledging facts relevant to a case, which may
not imply guilt. Example: Admitting debt in a civil case.
 Confession (Sections 24–30): A statement admitting guilt in a criminal offence.
Confession of Co-Accused (Section 30):
 Not substantive evidence.
 Can be used as corroborative evidence if supported by independent facts (Haricharan
Kurmi v. State of Bihar).
Confessions must be voluntary and free from inducement.

10. Law Regarding Estoppel Under the Indian Evidence Act

Estoppel, under Section 115, prevents a person from denying a fact previously asserted,
especially if another party relied on it to their detriment.
Essentials:

 A representation of fact by one party.

 Reliance by another party.
 Detriment caused by the reliance.
Examples: A landlord assuring a tenant of lease renewal cannot later deny it if the tenant
incurred costs based on the assurance.
Estoppel fosters fairness but does not apply to criminal cases.

11. Do You Agree That Oral Evidence Must Be Direct? Explain with Illustrations and
Exceptions
Yes, oral evidence must be direct as per Section 60 of the Indian Evidence Act.
Direct Evidence: Witness testimony about facts they have personally perceived.
Example: An eyewitness account of a robbery.
Exceptions:

 Hearsay evidence in cases of dying declarations (Section 32).

 Evidence from public documents or expert opinions.
Direct evidence ensures authenticity, while exceptions address situations where primary
evidence is unavailable.
2017: Section A: Very Short Answer Questions

(Answers not exceeding 75 words)

1. What is Hearsay Evidence?

Hearsay evidence is a statement made outside the court, presented to prove the truth of
the matter asserted. It is inadmissible under Section 60 of the Indian Evidence Act unless
it falls within specific exceptions, such as dying declarations (Section 32).
2. Differentiate Between Direct and Circumstantial Evidence

 Direct Evidence: Proves a fact without inference (e.g., eyewitness testimony).

 Circumstantial Evidence: Relies on inference to connect facts (e.g., fingerprints at a
crime scene).
Both types are admissible, but circumstantial evidence must form a chain of events
leading to a conclusion.

3. What is Meant by Expert Opinion?

Expert opinion, as per Section 45 of the Indian Evidence Act, refers to testimony
provided by individuals skilled in science, art, or technical fields. It is admissible in cases
requiring specialized knowledge, such as handwriting analysis or medical evidence.
4. Who is a Hostile Witness?
A hostile witness is one who departs from their earlier testimony or supports the opposite
party. Under Section 154 of the Indian Evidence Act, the court may allow the party
calling them to cross-examine the witness.
5. Define 'Document' as Per the Indian Evidence Act
A document is any matter expressed or described upon a substance using letters, figures,
 or marks intended to record or convey information (Section 3). Examples include
contracts, wills, and digital records.

Section B: Short Answer Questions

(Answers not exceeding 200 words)

6. Discuss the Rules Regarding Burden of Proof

The burden of proof refers to the obligation to prove an assertion.

 General Rule (Section 101): The party making a claim must prove it.
 Shifting Burden: As evidence is introduced, the burden may shift.
 Special Rules:
o Section 105: The accused must prove exceptions claimed (e.g., insanity).
o Section 113A: Presumption of abetment in dowry death cases.
These rules balance fairness and ensure that the party making a claim establishes
its validity.

7. Can an Accomplice Be a Competent Witness?

Yes, an accomplice is a competent witness under Section 133 of the Indian Evidence Act.
Conditions:

 Their testimony must be corroborated by independent evidence (R v. Baskerville).

 Courts presume accomplices to be unreliable unless their testimony aligns with other
facts.
Example: An accomplice providing details about a crime scene corroborated by forensic
evidence.

8. Who Can Be Cross-Examined, and What Questions Are Lawful?

Any witness may be cross-examined, including hostile witnesses and experts.
Lawful Questions (Sections 146–148):

 Test credibility.
 Reveal bias, prior convictions, or inconsistencies.
 Impeach reliability.
Unlawful questions include irrelevant or scandalous queries without basis.

Section C: Detailed Answer Questions

(Answers in detail)
9. Discuss the Law Regarding Estoppel with Illustrations
Estoppel under Section 115 of the Indian Evidence Act prevents a person from denying
or asserting contrary facts if another party has relied upon the representation to their
detriment.
Illustration: If a landlord assures a tenant that they can extend their lease and the tenant
invests in improvements, the landlord cannot deny the extension.
Limitations: Estoppel does not apply to criminal proceedings or contradict statutory
provisions.
10. Define and Distinguish Between Admission and Confession

 Admission (Section 17): A statement acknowledging a relevant fact, not necessarily guilt
(e.g., acknowledgment of debt).
 Confession (Sections 24–30): A statement admitting guilt in a criminal offence.
Key Differences:
 Confessions are limited to criminal cases; admissions apply in both civil and criminal
contexts.
 Confessions involve direct guilt, while admissions may or may not.
Proof: A confession must be voluntary, and if made to a co-accused, it must be
corroborated.

11. Rules Regarding Relevancy of Facts

The Indian Evidence Act (Sections 6–11) defines relevant facts as those connected to the
fact in issue.
Examples:

 Res Gestae (Section 6): Facts forming part of the same transaction.
 Motive and Preparation (Section 8): Actions explaining conduct.
 Customs and Rights (Section 13): Facts proving the existence of rights or customs.
These rules ensure only pertinent facts aid judicial determination.

12. Essentials of a Valid Dying Declaration

A dying declaration (Section 32) is a statement made about the cause or circumstances of
death.
Essentials:

 The declarant must have a belief of impending death.

 The statement must relate to the cause of death.
 It should be voluntary and consistent.
Sole Basis of Conviction: Courts can convict based on a dying declaration if it is
credible (R v. Woodcock).

13. When Does Evidence of Character Become Relevant in Civil and Criminal Cases?
Civil Cases: Character evidence is irrelevant unless it directly affects the issue, e.g.,
reputation in defamation cases (Section 52).
Criminal Cases:
  Section 53: Good character of the accused is admissible.
 Section 54: Bad character is relevant only if the accused introduces evidence of good
character.
Evidence of prior bad character may support allegations if related to the case.

2016 : Section A: Very Short Answer Questions

(Answers not exceeding 75 words)

1. Define 'Relevant Fact' and 'Fact in Issue'.

 Relevant Fact: A fact connected to the fact in issue, directly or indirectly, and admissible
in court to establish or disprove a claim (Sections 6–11).
 Fact in Issue: A fact directly disputed in a case that must be proved or disproved for the
court to resolve the issue at hand (Section 3).

2. Who is a Hostile Witness?

A hostile witness is one who contradicts or is uncooperative with the party that called
them to testify, often supporting the opposing party's case. Under Section 154 of the
Indian Evidence Act, such a witness can be cross-examined by the party that called them.
3. What is Irrefutable Presumption?
Irrefutable presumption refers to a legal assumption that cannot be contradicted or
disproven by evidence. For instance, under Section 112 of the Indian Evidence Act, a
child born during a valid marriage is presumed to be the legitimate child of the couple,
and this presumption cannot be rebutted by evidence.
4. What is Impeaching the Credit of a Witness?
Impeaching the credit of a witness involves challenging their reliability or credibility by
 proving their bias, inconsistency, or dishonesty. Methods include introducing prior
inconsistent statements or questioning their character (Sections 146–153).
5. Who is an Expert?
An expert is a person with specialized knowledge, skill, training, or experience in a
particular field, such as medicine, science, or law. Under Section 45 of the Indian
Evidence Act, expert opinion is admissible in court if the case requires specialized
knowledge.

Section B: Short Answer Questions

(Answers not exceeding 200 words)

6. Discuss the Rules Regarding Burden of Proof

The burden of proof refers to the obligation to prove an assertion.

 Civil Cases: The burden is on the plaintiff, who must prove the case on a balance of
probabilities (Section 101).
 Criminal Cases: The prosecution bears the burden of proving the accused's guilt beyond
a reasonable doubt (Section 101).
 Shifting Burden: In certain cases, the burden may shift to the defendant, such as in
dowry death cases under Section 113A.
 Presumptions: In some cases, such as under Section 106, the burden may shift if the
defendant possesses specific knowledge that is difficult to prove.

7. Can an Accomplice Be a Competent Witness?

Yes, under Section 133 of the Indian Evidence Act, an accomplice can be a competent
witness in a criminal case. However, their testimony requires corroboration. The court
does not automatically accept the testimony of an accomplice as credible due to their
involvement in the crime.
Example: In R v. Baskerville, the court held that accomplice testimony must be
supported by independent evidence to be reliable.
8. Who Can Be Cross-Examined, and What Questions Are Lawful?

 Cross-Examination: Any witness, including the accused and experts, can be cross-
examined.
 Lawful Questions:
o To test the witness's memory, credibility, and bias.
o To expose contradictions or inconsistencies in their testimony.
o To explore their knowledge of facts relevant to the case.
Unlawful questions include those that are irrelevant, insulting, or meant to
confuse the witness without basis (Sections 146–148).
Section C: Detailed Answer Questions

(Answers in detail)

9. Discuss the Law Regarding Estoppel with Illustrations

Estoppel prevents a person from denying or contradicting a statement or fact they have
previously represented, especially if another party has relied on that representation.
Illustration:

 Estoppel by Representation: If a landlord assures a tenant of a lease extension and the

tenant invests in improvements based on that assurance, the landlord cannot later deny
the extension.
Exceptions:
 Estoppel does not apply to criminal proceedings or when it conflicts with statutory laws.
Section 115 of the Indian Evidence Act emphasizes this principle to ensure fairness in
legal dealings.

10. What is a Confession? Differentiate Between Admission and Confession

 Confession (Sections 24–30): A voluntary statement made by an accused person

admitting guilt in a criminal offence.
 Admission (Section 17): A statement acknowledging facts related to a case, not
necessarily implying guilt.
Key Differences:
 Confessions involve self-incrimination, while admissions may not.
 Confessions are usually in criminal cases; admissions apply in both civil and criminal
cases.
Example: Admitting to a debt in a civil case is an admission; confessing to a crime is a
confession.

11. Discuss the Important Rules Regarding ‘Relevancy of Facts’

The relevancy of facts is governed by Sections 6–55 of the Indian Evidence Act.

 Res Gestae (Section 6): Facts forming part of the same transaction.
 Motive and Preparation (Section 8): Actions showing intent or preparation for an
event.
 Similar Facts (Section 11): Facts that are inconsistent with the fact in issue.
These rules ensure that only facts connected to the case are admitted as evidence to aid in
a fair decision.

12. Discuss the Essentials of a Valid Dying Declaration

A dying declaration is a statement made by a person about the cause or circumstances of
their death.
Essentials:

 The declarant must believe death is imminent.

  The statement must relate to the cause of death.
 It should be voluntary and untainted by influence.
Conviction on Sole Basis: A conviction can be based solely on a dying declaration if it is
credible and trustworthy (R v. Woodcock).

13. When Does Evidence of Character Become Relevant in Civil and Criminal Cases?

 Civil Cases: Character evidence is irrelevant unless it directly impacts the case, e.g., in
defamation or contracts (Section 52).
 Criminal Cases:
o Section 53: Good character of the accused is relevant.
o Section 54: Evidence of bad character is admissible only if the accused presents
good character evidence.
Bad character evidence is typically not admissible in civil cases unless
specifically relevant.

Class 1

Secand lecture