UNIT-I Q.1. | Define “Evidence”? What are the main features of Indian Evidence Act. Discuss the various kinds of Evidence. Q2. | “The rules of evidence are in general the same in Civil and Criminal Proceedings” Explain the statement and point out the differences, if any, between evidence in [_ Civil and Criminal proceedings. Q3. | What is “Hearsay Evidence”. Explain “Hearsay evidence is no evidence”. Is there is any exception to this rule. Q.4. | Distinguish between : (a) Presumption of law and Presumption of fact (b) Direct evidence and Circumstantial Evidence (© Oral and Documentary Evidence (d) Relevant facts and facts in issue. Q5. | “Law of evidence being Procedural laying retrospective in operation” Discuss the { above statement. 'Q.6. _ | Discuss in brief the applicability of Evidence Act, 1872 on electronic record. Q.7.__ | What is Presumption? Analyse with relevant provisions of the Evidence Act, 1872 the different types of presumptions. Q8._ | Explain the following : (a) ‘May Presume’, ‘Shall Presume’, ‘Conclusive Proof” (b) Proved, Not Proved and Disproved. UNIT-IL “i Q.1. | “Relevancy and admissibility are not coextensive terms” Explain the statement illustration. Q2.__ | Distinguish between = (a) Admission and Confession. Illustrate your answer suitable with the help of decided case laws. (b) Judicial and Extra Judicial Confession Q3 | What is Retracted Confession? What are the grounds for rejecting an extra judicial confession? Can a person be convicted on retracted confession? Justify your answer with suitable illustration. Q.4. | Fact which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places. Discuss with illustrations. [Q.5.__| Discuss the law relating to confession to Police. [Q.6. | What is admission? By whom admission can be made? Q.7. | What is Confession? Whether a confession made by an accused before a police officer is admissible in evidence. Write a brief note on extra judicial confession. Is there any situation under which an extra judicial confession can be the basis for conviction? Q8. | Elucidate the doctrine of ‘Res Gastae’ with the help of relevant case laws. Point out the relation between sections 6 and 7 of the Indian Evidence Act, 1872. UNIT-HI Q.1. | What is “dying declaration”. Discuss the law relating to admissibility of dying declaration under Indian Evidence Act.Q2. Make a distinctive analysis of declaration and law relating to declaration under Indian Evidence Act, 1872. Q3. ‘What is an expert? In what situations are opinions of experts admissible as evidence? What are the types of expert? Qa. What is the justification for relevance of dying declaration? Write an judicial standards for appreciation of evidentiary value of dying declaration. Qs. How far is “character” relevant and admissible in evidence in civil suit and criminal proceedings? (a) “Can a person be convicted on the sole testimony of dying declaration?” Elaborate. (b) ‘X’, a whistle-blower wrote a letter to his superior officer indicating that he feels danger to his life at the hands of oil mafia on 1-2-2021. On 8-2-2021 ‘X’ was found wounded near a petrol station, while taking to hospital he mentioned names of A, B and C known mafia oil dealers. In a case of prosecution against A, B and C for murder is the letter of *X’ relevant under section 32(1) of Indian Evidence Act? Q6. What are the modes of recording a dying declaration and its value in evidence. Q7. Can a dying declaration be relied upon solely to base a onviction thereupon? Is dying declaration admissible in civil cases? Write few lines on ‘cause of death? and ‘circumstances of the transaction’, which resulted in his death. Q8. Explain the relevancy of character in civil and criminal proceedings. Write few lines on ‘reputation’ and ‘disposition’. Is the previous good character of an accused relevant in criminal trial? Explain. Explain when the opinion of experts is relevant. Cite suitable case laws also UNIT-IV Qi. What is “Burden of Proof”? Enumerate the rule relating to Burden of Proof. Distinguish between Burden of Proof and Onus of Proof. Q2. What is “Estoppel” State its different types. Explain the principle of estoppels and does it differ from Res-Judicata. Q3. (a) Admissibility of Electronic Record in Evidence. (QA. Distinguish between : Public Document & Private Document. Qs. ‘A person can be held bound by estoppels only when it is proved that there was representation that certain state of thing is true and the person to whom belief”. Comment. Q6. LLB course on false certificate. It took 3 years for the authorities to get it detected. University cancelled the admission while the student takes the plea that it is too late and he has been the topper during last three exam. Hence intends estoppels against the University. Advise the student. Q7. What are the Rules of Burden of Proof? What is the nature of burden of proof on an accused u/s 105, Evidence Act? Qs. On whom does the burden of proving the following facts lies? @ ‘A’ accused of ‘B’ murder, alleges that by grave and sudden provocation given by ‘B’ he was deprived of the power of self control. (i) ‘A’ who is charged with travelling on a Railway without a ticket says he had a theket. - -Explain citing relevant case laws. Q.10. | “In the nature of things, a negative is more difficult to establish than an affirmative”. Elucidate the statement with reference to the rule relating to burden of proof. Q.11. | Write a SN on burden of proof. Under what circumstances the burden of proof shifts to other party? Are the rules relating to burden of proof in civil and criminal cases same? If not, state the differences. Q.12._ | Write Explanatory Note on (a) Presumption as to Dowery death. (b) Estoppel Q.13. | Explain the rules of evidence relating to exclusion of oral evidence by documentary evidence under Indian Evidence Act, 1872. UNIT-V Q1. |_| Who is Competent to Witness? Is a child below 7 years of age competent to be witness? Q2 | Write Short Notes o: ition in chief and cross examination. Q3. Explain the relevance of character in Civil and Criminal Cases. Q4, Write Short Notes On: (a) Dumb Witnesses (b) Professional Communication (©) Confidential Communication (d) Privileged Communications. (© Hostile Witness (f) Evidence of accomplice (g) Child witness - Q5. | “An accomplice is unworthy of credit, he is corroborated in material particular”. Critically examine the statement with the help of decided cases. Q.6. | Discuss with the case laws relating to competency of witness under Evidence Act, 1872. Q.7.__ | What are the stages in examination of a witness? What questions can be asked in cross-examination? Qs. ‘Cross examination is an effective weapon to elicit truth’ — Examine the correctness of this statement in the light of the provisions in the Evidence Act. Q.9. | Define Witness, competency of witness and compellability of a witness. Whether a child is a competent witness. Discuss the provisions of law pertaining to child witness, Q.10. | Explain the rules pertaining fo examination and cross examination of witnesses as provided under the Evidence Act, 1873. Q.11. | To what extent the professional communications, communications with interpretrs, clerks or servants are privileged communication.4. Owe $-N on dt. Civeumstambial Evidence. 4:2. Relvacted Confession C2018 4.3, Dying Declotahon 14 Digitel Signehere. 4.5. leeding Quanlon. 16. Dumb Witness Cr021 14, Profemionet Comamunicotion 1-3: Contidenticd Communication 4.9, Prem urnphion os + Dewy mar - 202.2 £10. Ecloppel. 04 Doctrine J Estoppel, 5 |- 2 | 4 sas. Pi leged. Communieedions le 2015 4.42, Res geste C2016, 413. Consobonative Evidence 1.44. Divect Evidence (201%, 2016 (445. Hostile uddnen [r0rt, 296,261) | 446. Bvidence of accormplice « LAF Proeedwte} Lew 4113, E.ctoa- udiciod Contecnton ‘i corr. 144. Burden of Proof 4120+ Condemsiien 121 Collaboied Facts Due Dele lion, Tudiciod Porivi Lage teem} eee Concluntve Poo (r0r| Ate Keriermasn Buideten PO ode 4. Dudsered Prrocaadt nays « | 2. Prroved Dio proved, Not Prov Seon} Lolz.