LL.B. (Hons.) / LL.B. 3-Year / 5-Year Integrated Programme
Law of Evidence (Indian Evidence Act, 1872 & BSA, 2023)
General Instructions
- Attempt all questions from Part A. Part A is compulsory.
- In Part B, attempt any FOUR out of FIVE questions.
- In Part C, attempt any ONE out of TWO questions.
- In Part D, attempt ALL questions.
- Marks are indicated against each question.
- Reference to the Indian Evidence Act, 1872 is permissible.
- Candidates are expected to cite relevant provisions and case law.
- Write legibly and maintain clarity of expression.
Part A - Short Answer Questions
Attempt ALL questions. Each question carries 2 marks. Answer each question in 2-3 lines. (10 x 2 = 20 Marks)
What are 'facts which are the occasion, cause, or effect' of facts in issue under Section 7 of the Evidence Act? Illustrate.[2 Marks]
Define 'confession' as distinguished from 'admission'. When is a confession to a police officer admissible?[2 Marks]
What is the 'best evidence rule'? State its applicability under the Indian Evidence Act.[2 Marks]
Explain the term 'document' under Section 3 of the Evidence Act. Does an electronic record constitute a 'document'?[2 Marks]
What is 'hearsay evidence'? State the general rule regarding its admissibility and any two exceptions.[2 Marks]
Explain the relevance of 'character evidence' in civil and criminal proceedings under Sections 52 to 55 of the Evidence Act.[2 Marks]
Define 'public document' and 'private document' under Sections 74 and 75 of the Evidence Act.[2 Marks]
What is the 'presumption as to maps and plans' under Section 83 of the Evidence Act?[2 Marks]
Explain the concept of 'improper admission or rejection of evidence' under Section 167 of the Evidence Act.[2 Marks]
State the rule under Section 92 of the Evidence Act regarding exclusion of oral evidence by documentary evidence (oral agreement contradicting a written instrument).[2 Marks]
Part B - Essay Type Questions
Attempt any FOUR out of FIVE questions. Each question carries 10 marks. (4 x 10 = 40 Marks)
Discuss the law relating to relevancy and admissibility of facts under the Indian Evidence Act. Distinguish between relevancy and admissibility. Explain how facts connected with relevant facts become admissible under Sections 6 to 16 of the Act. Illustrate with reference to Gentela Vijayavardhan Rao v. State of A.P. (1996) 6 SCC 241 and Sukhar v. State of U.P. (1999) 9 SCC 507.[10 Marks]
Examine the provisions relating to documentary evidence under Sections 61 to 90-A of the Indian Evidence Act. Discuss: (a) The rules of primary and secondary evidence; (b) The conditions for admissibility of secondary evidence under Section 65; (c) Presumptions as to genuineness of documents under Sections 79 to 90. Refer to Ram Prasad v. State of M.P. (AIR 2006 MP 84) and Sait Tarajee Khimchand v. Yelamarti Satyam (AIR 1971 SC 1865).[10 Marks]
Critically discuss the law relating to estoppel under Sections 115 to 117 of the Indian Evidence Act. Explain the different kinds of estoppel: estoppel by record, estoppel by deed, and equitable estoppel. What is the relationship between estoppel and res judicata? Discuss with reference to Chand Rani v. Kamal Rani (1993) 1 SCC 519, Motilal Padampat Sugar Mills v. State of U.P. (1979) 2 SCC 409, and Delhi Cloth & General Mills Co. Ltd. v. Union of India (AIR 1983 Del 222).[10 Marks]
Discuss the provisions relating to presumptions under the Indian Evidence Act. Distinguish between 'presumption of fact' and 'presumption of law'. Explain the specific presumptions under Sections 113-A (presumption as to abetment of suicide by married woman), 113-B (presumption as to dowry death), and Section 114 (court may presume existence of certain facts). Analyse with reference to Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116.[10 Marks]
Explain the provisions relating to privileged communications under the Indian Evidence Act. Discuss: (a) Communication between spouses under Section 122; (b) Professional communication between advocate and client under Section 126; (c) Evidence as to affairs of State under Section 123; (d) Official communication under Section 124. What are the rationale and limitations of these privileges? Refer to S.P. Gupta v. President of India (AIR 1982 SC 149) and R.K. Jain v. Union of India (1993) 4 SCC 119.[10 Marks]
Part C - Problem / Analytical Questions
Attempt any ONE out of TWO questions. Each question carries 15 marks. (1 x 15 = 15 Marks)
A, a married woman, is found dead under suspicious circumstances within seven years of her marriage. The prosecution alleges that A committed suicide due to dowry harassment by her husband B and his mother C. The prosecution relies on the following evidence:[15 Marks]
(i) A statement made by A to her father D, one week before her death, that B and C were demanding Rs. 10 lakhs and a car -- discuss admissibility under Section 32(1). Refer to Kamesh Panjiyar v. State of Bihar (2005) 2 SCC 388.[4 Marks]
(ii) A letter written by A to her friend E, three months before her death, describing the cruelty and dowry demands -- discuss admissibility as documentary evidence and under Section 32.[3 Marks]
(iii) Testimony of F, a neighbour, who overheard a quarrel between A and B on the night before A's death, in which B was heard threatening A -- discuss relevance under Section 6 (res gestae). Refer to State of Rajasthan v. Kashi Ram (2006) 12 SCC 254.[4 Marks]
(iv) A confession made by C to a police officer that she and B had been demanding additional dowry -- discuss admissibility under Sections 25 and 26. Analyse whether presumptions under Sections 113-A and 113-B apply. Can B and C be convicted? Refer to Sham Lal v. State of Haryana (1997) 9 SCC 759.[4 Marks]
Critically evaluate the evolution and current state of the law relating to electronic evidence in India. Trace the development from the Information Technology Act, 2000 amendments to the Evidence Act through to the Bharatiya Sakshya Adhiniyam, 2023. Discuss: (a) The original framework for electronic evidence under Sections 65-A and 65-B; (b) The mandatory requirement of a certificate under Section 65-B(4) as settled in Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473; (c) The relaxation attempted in Shafhi Mohammad v. State of H.P. (2018) 2 SCC 801; (d) The final authoritative position in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1; (e) The new framework under Section 63 of BSA 2023. Is the law adequate to deal with challenges of social media evidence, cloud-stored data, encrypted communications, and blockchain records?[15 Marks]
Part D - Case Analysis and Application
Attempt ALL questions. Each question carries 5 marks. (5 x 5 = 25 Marks)
In a murder trial, the prosecution seeks to examine W, who was present at the scene and initially gave a statement to the police implicating the accused. However, in court, W resiles from his earlier statement and denies having witnessed the crime. The prosecution applies to the court to declare W a hostile witness. Discuss: (a) The procedure under Section 154 for declaring a witness hostile; (b) Can the prosecution cross-examine its own witness? (c) What is the evidentiary value of the prior inconsistent statement under Section 155? Refer to Sat Paul v. Delhi Administration (1976) 1 SCC 727 and Rameshwar v. State of Rajasthan (AIR 1952 SC 54).[5 Marks]
Discuss the scope of Section 27 of the Indian Evidence Act relating to discovery of facts in consequence of information received from accused. What is the extent of the 'information' that is admissible? Does Section 27 apply only to recovery of material objects or also to discovery of facts? Analyse with reference to Pulukuri Kottaya v. Emperor (AIR 1947 PC 67), State of U.P. v. Deoman Upadhyaya (AIR 1960 SC 1125), and Anter Singh v. State of Rajasthan (2004) 10 SCC 657.[5 Marks]
P enters into a written lease agreement with Q for a commercial property for a period of five years at a monthly rent of Rs. 50,000. After one year, P claims that there was an oral understanding that the rent would be reduced to Rs. 35,000 after six months. Q denies this. Can P adduce oral evidence of the alleged oral understanding to vary the terms of the written lease? Discuss the applicability of Sections 91 and 92 of the Evidence Act and the proviso exceptions. Refer to Bai Hira Devi v. Official Assignee of Bombay (AIR 1958 SC 448).[5 Marks]
Explain the concept of 'opinion evidence' and its exceptions under the Indian Evidence Act. When is expert opinion admissible? Discuss the specific provisions relating to opinion on handwriting (Section 47), opinion on electronic signature (Section 47-A), and opinion on customs and rights (Section 48). What is the court's role in evaluating expert opinion? Refer to State of H.P. v. Jai Lal (1999) 7 SCC 280.[5 Marks]
In a criminal trial, the defence seeks to introduce evidence that the victim had a reputation for violent behaviour to support the plea of self-defence. The prosecution objects on the ground that character evidence of the victim is inadmissible. Discuss: (a) When is character evidence relevant in criminal cases under Sections 53 and 54? (b) Can the character of the victim be put in evidence by the accused? (c) What is the scope of Section 55 regarding character evidence in civil cases? Refer to State of Rajasthan v. Talevar (2011) 11 SCC 666.[5 Marks]