INDIAN EVIDENCE ACT

Preliminary (Ss. 1-4)

1. Relevancy and Admissibility are neither synonymous nor is the one included in the other.
Elucidate this statement with relevant provisions of law and judicial decisions.
2. "A great care must be taken in evaluating circumstantial evidence and if the evidence relied
on is reasonably capable of two inferences; the one in favour of the accused must be
accepted."
In the light of this statement, discuss the rules relating to 'circumstantial evidence' as
evolved by Supreme Court of India. Substantiate your answer with the help of decided cases.
3. Write notes on Fact in issue.
4. What do you understand by the word 'Court' used in the Indian Evidence Act, 1872? Discuss
with the help of decided cases.
5. Distinguish between 'may presume' and 'shall presume' with emphasis on the provisions of
the Indian Evidence Act, 1872.
6. Explain direct and circumstantial evidence. What are the tests required when a case rests
entirely on circumstantial evidence?
7. "Rules relating to presumption form a very important part of law of evidence". Discuss
briefly with reference to the provisions of Indian Evidence Act, 1872.
8. Explain and illustrate 'Fact in issue' and 'Relevant Fact'.
9. State if tape recorded conversation is admissible under the Indian Evidence Act. Is there any
limitation to its admissibility.
10. What are the different kinds of presumptions? Give examples of each kind.
11. Write short notes on May Presume and Shall Presume.
12. Write brief explanatory notes on conclusive proof.
13. Write note on document.
14. Define facts, fact in issue and relevant fact in such a way as to highlight the nature and
purpose of law of evidence.
15. Explain the meaning of the following:
(i) Proved
(ii) Disproved
(iii) Not proved
16. In case of conclusive proof, can the court ignore a fact declared so under the Evidence Act,
otherwise?
17. Write notes on the following:
(i) May presume
(ii) Shall presume
(iii) Conclusive proof
18. Distinguish between rebuttable and irrebutable presumptions? Illustrate.
19. Distinguish between the following: Fact in issue and relevant-fact.
20. Distinguish between the following: Disproved and not proved.
21. Explain and illustrate 'Fact in issue' and 'Relevant Fact.'
22. Define (a) Facts in Issue (b) Proved.
23. What are presumptions? How do they arise and which of them can be rebutted? Illustrate
your answer with examples. How do presumptions differ from the rule of estoppel?
24. Explain the phrase, 'the court may presume' and 'the court shall presume' and illustrate.
25. Defence the following: Evidence
26. Define fact, relevant fact and fact in issue. Point out the difference between the last two?
 27. What is a fact in issue? Illustrate your answer.
28. What do you understand by conclusive and rebuttable presumption? Explain.
29. What facts are considered relevant under the Indian Evidence Act? Illustrate your answer.
30. Write short note circumstantial evidence in criminal trial, its meaning, necessity and scope.
31. Explain in brief: Define res gestae and discuss its scope with appropriate illustrations and
case laws.
32. Differentiate among the following, with the help of relevant case laws: Relevancy and
Admissibility
33. What do you mean by presumption? Discuss the kinds of presumption.
34. Difference between "Fact in issue" and "Relevant fact".
35. With the help of at least two illustrations of each, explain the distinction between Rebuttable
and Irrebuttable presumptions.

Relevancy of fact and admissibility of fact (S. 5)

1. Discuss the following statement- 'Relevancy and admissibility are neither co-extensive nor
interchangeable terms'.
2. Evidence must be confined to the matter in issue. Explain and state briefly the exceptions to
this rule.
3. What is distinction between relevancy and admissibility of fact? Illustrate
4. Explain admissibility of a fact and relevancy of a fact.
5. a "All admissible evidence is relevant, but all relevant evidence is not necessarily admissible".
Comment.

b Point out whether in the following cases the facts sought to be proved are relevant.

(i) A is charged with shooting at B with intent to kill him. In order to prove A's
intent the prosecution wants to prove the fact that A has earlier shot one C.
(ii) A is tried for rioting and is proved to have marched at the head of the mob;
the prosecution wants to prove that the mob was shouting.
6. Comment briefly on following:
Expression "Relevancy" and "admissibility" are used as synonyms.
7. Discuss giving an instance relevancy is not the same thing as admissibility of evidence.
8. Write a short note relevancy, admissibility and credibility of evidence.
9. "Relevance and admissibility are neither synonymous nor is the one included in other."
Elucidate this statement.
10. What do you understand by relevancy of facts? Are all the relevant facts admissible in Court?
Explain.

Res gestae (S. 6)

1. According to the prosecution, there was an enmity between N and his nephew S on account
of a dispute in respect of agricultural land and the agricultural produce therefrom. On the
date of occurrence, S fired a pistol shot at N. N raised the alarm on account of which, PWs 1
and 2 reached the spot and at that point of time, N fell down and S made good his escape.
PWs 1 and 2 brought N to police station whereupon statement of N was recorded and
treating the same as an FIR, the police started investigations and sent up S for trial. During
the trial, PWs 1 and 2 stated as to what they had heard from the injured at the relevant time
and according to PW-2 the injured had told him that S had fired upon him. The trial Court
convicted S under section 307 and the High Court dismissed his appeal. Before the Supreme
 Court, the appellant-accused contended that the evidence of PW-2 was not admissible under
section 6 of the Evidence Act, in as much as what the injured told the witness and the factum
of alleged shooting by accused at the injured could not be said to have formed part of the
same transaction as according to him, by the time he reached the scene of occurrence
several people had gathered there. Answer with reference to sections of the Indian Evidence
Act and case law, if any.
2. Discuss the relevancy of the following fact under the provisions of the Indian Evidence Act,
1872.
The fact testified to by D that soon before the alleged murder by A, C had peeped through
the widow and exclaimed "Look A is aiming his gun towards B".
3. State with the help of relevant case laws, the conditions under which a hearsay evidence
may be admissible as res gestae and also critically examine the doctrine of res gestae?
4. Explain the concept of Res Gestae under the Evidence Act citing prominent cases on the
point.
5. Under what provisions of the Evidence Act are the following fact relevant. The cries for help
heard by the people residing around the place where the girl was raped.
6. In a case of gunshot firing, by entering into the open terrace of the house of the victim at
night, causing injuries to the victim and death of his wife, the close neighbours of the victim
rushed to the spot within a few minutes and saw the injured person in bleeding condition.
The neighbours deposed that the injured victim had mentioned the names of the appellants
as assailants. Does the statement of the injured person, made to the neighbours soon after
the incident, become substantive evidence as res gestae? Will it have utility in the trial as it
would full within the ambit of section 157 of the Indian Evidence Act? Answer with reference
to provisions of the Indian Evidence Act and case law, if any.
7. Discuss the provisions of Indian Evidence Act under which following fact are relevant: In a
trial of rape of Kamla, the fact that on the night of rape, the police had received a distress
telephone call from a woman in which just before abrupt disconnection, she could only say
"save me or I will be ravished".
8. Under what provisions of the Indian Evidence Act, are the following facts relevant or not
relevant?
(a) The cries for help heard by the people residing around the place where the girl was
raped.
(b) In a case of theft of jewellery in the bedroom against the servant the fact that only
the domestic servant had keys of the bedroom and knew that the jewellery was in
the house that night.
9. Explain and illustrate 'res-gestae'.
10. Explain and illustrate:―
"Facts which, though not in issue, are so connected with a fact in issue as to form part of the
same transaction are relevant."
11. Write detailed note on the Doctrine of Res gestae
12. What is the rule of Res gestae? How has the Indian Evidence Act recognised this rule?
13. A after learning that C had been murdered, went to the spot and found that the body of C
was being taken to the house of C by four persons who told him that B had murdered C and
had run away. Does the statement of four persons form part of Res gestae.
14. Explain and illustrate the following: Facts 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.
 15. 'A', a witness in describing the offence asserted that 'B' said, "those ruffians who a year ago
took away Shubhashini have again come, Let us be off. Caste and honour are at stake."
Explain
16. In a charge of murder of 'K' where the prosecution case is that on the day of incident the
accused uttered a thereat that he would finish off 'K' and then after also kill himself. If the
evidence admissible to show that the accused tired to killing 'K'? Explain
17. Explain the doctrine of Res Gestae.
18. Comparatively examine the doctrine of res gestae with provisions of Indian Evidence Act.

Facts which are the occasion, cause or effect of facts in issue (S. 7)

1. D suspected the character of his wife P. P went to her brother's house to attend a function. D
wrote to her brother to put an end to her life in order to save the honour of the family. Later
D expressed regrets in a letter and offered reconciliation. D sent his younger brother M to
fetch wife. P left with M by train on 4.10.70 but not reached D's village. 10 day after her
departure her brother received a letter from one S stating that P had developed pain in her
abdomen during journey and was removed to a hospital in Jaipur where she died and was
cremated. Brother went to the village of D where M expressed ignorance about P. Brother
lodged a report with police. P's dead body was recovered on 5.10.70 from a well situated
near the village of brother. An inquest was held and the body was not identified and was
disposed off. M was tried for committing P's murder. Prosecution case rests on circumstantial
evidence. They are: (1) the letters D wrote to deceased's brother. (2) M taking P with him on
4.10.70 from her brother's village. (3) M's reaching his own village alone. M pleaded
innocence. He stated that P left him with a broken heart at the railway station; that he did
not know what had happened afterwards; that he stayed overnight in a Dharamshala and
then returned and informed D and thereafter on coming to know that a dead body was in
hospital went there, saw P's dead body, became panicky and returned home. Can M be held
guilty of the charge under section 302, I.P.C. on the basis of the above said circumstantial
evidence?
2. Are facts which are the occasions, cause or effect of facts in issue relevant? Illustrate your
answer.
3. Discuss the provisions of Indian Evidence Act under which following fact are relevant: Shortly
before Ram was pick-pockted in the park, he showed a bundle of notes to his friend in the
park.
4. Under what provisions of the Evidence Act are the following fact relevant or not relevant: In
a case of theft of jewellery from the bed-room against the servant the fact that only the
domestic servant had keys to the bed-room and knew that the jewellery was in the house
that night.
5. The question whether A robbed B, whether the facts that shortly before the robbery, B went
to a fair with money In his possession and that he stored it or mentioned the fact that he had
it to third parsons are relevant?

Motive, preparation and previous or subsequent conduct (S. 8)

1. One Ms. Meghna, a widow of Rajan, was living with her father-in-law Ramesh Chander in a
town. One day Meghna was returning home from the market after taking some vegetables,
when Raju and Babloo caught hold of her and dragged her in a vacant flat and raped her. She
came home. When her husband's cousin brother Rana was passing her house, he heard her
crying inside and on his questioning her, she told him that Raju and Babloo have raped her,
 and asked him to tell her father-in-law in his office. Is the statement of Ms. Meghna to Rana
relevant and admissible? Answer with reference to relevant provisions of Indian Evidence
Act, 1872, as also case law, if any.
2. Discuss the provisions of Indian Evidence Act under which following fact are relevant: The
fact that B was seen coming out of the house of A distressed and sobbing soon after her
alleged rape by A.
3. Under what provisions of the Evidence Act are the following fact relevant. A tape recorded
conversation between the police officer and a party involved in a crime, concerning hushing
up of the case.
4. Under what provisions of the Evidence Act are the following fact relevant. The fact that A
was absconding soon after the alleged crime.
5. Discuss the relevancy of the following fact under the provisions of the Indian Evidence Act,
1872.
The fact that B was seen coming out of the house of A distressed and sobbing soon after her
alleged rape by A.
6. Decide the relevancy giving reasons. The question is whether A robbed B. The facts that after
B was roobed, C said in A's presence, "The police are coming to look for the man who roobed
B" and that immediately afterwards A ran away.
7. Define Motive. How far motive, preparation and conduct of a party are relevant?
8. 'A's tried for murder of 'C'. Whether the facts that 'C' knew that 'A' has murdered 'B' and that
'C' has tried to extort money from 'A' by threatening to make his knowledge public, are
relevant? Answer with reference to legal provisions.
9. What is a fact in issue? Whether it is a relevant fact? Explain the circumstances when the
conduct of a party to the proceeding becomes relevant.
10. What is relevant facts? Explain. A victim of rape while coming back to village, was weeping
and abusing the accused. State what part of fact is relevant and in what form?
11. Dead body of married women was found in very bad condition. A photograph of the dead
body was published in the newspaper for identification purposes. On the basis of other
evidence, charges were framed against the husband. During trial, prosecution tried to
adduce evidence of Mr. X, who was familiar with the accused as well as his wife. In his
statement the witness said, "A day after publication of photographs, I received a call from
the accused, who said, ...people are saying that the photograph in the newspaper is of my
wife..., please go and see." Examine the admissibility of this statement under section 8 of
Evidence Act, 1872. Whether this statement may be admitted under section 157 of Evidence
Act as well?
12. Under what provisions of the Evidence Act are the following fact relevant. A was in
possession of many other stolen cycles at the time of the raid in his house for the theft.

Facts necessary to explain or introduce relevant facts. (S. 9)

1. Whether pre-trial Test Identification Parade conducted before a Metropolitan Magistrate is

evidence and its relevance in a case triable before the Sessions Court. [DJS 2018]
2. Explain 'introductory facts' and 'explanatory facts' under the Indian Evidence Act. What is the
evidentiary value of 'identification parades'?
3. Material on record indicated that the Investigating Officer had send repeated letters to the
taluka Executive Magistrate for holding the Test Identification Parade. But the Magistrate
could not hold the parade earlier due to his preoccupation. The contention that the eye
witnesses had seen the accused before they were put for TIP is not substantiated. TIP is not
held for two months. In the evidence of the TIP admissible?
4. A, a witness in case, correctly identified the accused at Test Identification Parade (TIP) in
course of the investigation of the case. But during the court trial, he did not identify him. The
Trial Judge had, however, observed that the witness was frightened to accord recognition to
the accused at trial. The Magistrate who conducted the TIP deposed that the witness had
correctly identified the accused in the TIP. Is the evidence of the witness relevant and
admissible in the trial? Can a conviction be based on it? Answer with reference to the
provisions of the Indian Evidence Act and case law, if any.
5. Three prosecution witnesses saw a little girl crying in the company of a man on the day of
the incident. Both the accused and the victim were strangers to the PWs. When the PWs
heard about the murder of a little girl, they recollected seeing the man alongwith the little
girl the previous day. PWs later identified the accused in Test Identification Parade. It was
contended by the defence that there was inherent incredibility in the evidence of the PWs as
normally accused would have taken precaution, not to be seen by any other person on the
way. Comment on this plea of the defence and answer the question with reference to
section(s) if the Indian Evidence Act, 1872 and case law, if any.
6. Under what provisions of the Evidence Act are the following fact relevant or not relevant: In
a murder trial the post-mortem report reveals the large intestines were more or less empty
that shows the murder was committed 6 to 8 hours after the major meal.
7. 'A' registers a case of attempt robbery against one unknown person. However, within a week
on the basis of some secret information, the police arrests a suspect 'B'. In Test Identification
Parade (TIP), 'A' identifies the suspect as robber. After six months, during the trial 'A'
identifies 'B' in his examination-in-chief, but his cross-examination is deferred at the request
of counsel for the accused. On next hearing after one month, in his cross-examination 'A'
supports the case of prosecution on all aspects, but deposes that he is not sure whether
accused 'B' was the robber as the incident happened at night and he could catch only
momentary glimpse of the robber. In his re-examination he admits that he had identified
accused. 'B' in TIP. There is no other eye witness to the incident of robbery. How will you
decide the case?
8. In what cases is it necessary to hold an identification parade. Discuss the precautions to be
taken, the procedure to be adopted for holding it, and the value of test identification.
9. An accused in a case of dacoity is produced before you by the investigating officer, in a
muffled face with a request for holding test identification parade to fix his identity as a
culprit. How will you deal with the application.
10. S filed a suit for recovery of Rs. 1500/- on the basis of a promissory note. B denied having
executed the said promissory note and that she and S were not even known to each other.
She also gave an application that S be called upon to identify her in an identification parade.
In support of that application, it was argued on behalf of B that under section of 9 of
Evidence Act facts which establish the identity of person whose identity is relevant and
inherent powers as saved by section 151 C.P.C. could be exercised for holding such parade.
How will you decide the application. Give reasons.
11. Six appellants were convicted under sections, 395, 396, 395 read with section 397, I.P.C. for
having looted a passenger bus at about 11 p.m. on a moonless night and having caused
death of one passenger. The sole basis for their conviction was their identification by
different PWs in the identification parade conducted by the Executive Magistrate the
evidence showed that after their arrest, the accused persons were kept in the police station
for 2 days and that at the time of holding test identification parade, the accused persons
were in fetters whereas the other under trials, who were mixed with the accused persons
were not in fetters. The witnesses also deposed that the culprits had their faces muffled at
 the time of incident. It is argued on behalf of the appellants that in these circumstances it
would not have been possible for the PWs to identify the distinctive features of the culprits
at the time of commission of offence so their subsequent identification in test becomes
doubtful. It is also contended that during their detention at the police station for 2 days, they
were shown to the PWs. What is evidentiary value of such a test identification? Would you
uphold the conviction?
12. Write short note on Test Identification Parade.
13. What are facts necessary to explain or to introduce relevant facts, relevant? Discuss and
illustrate your answer.
14. 'A', an accused of theft is seen to give the stolen property to 'B' who is seen to give it to 'A's
wife. 'B' says as he delivers it-" 'A' says you to hide this." Whether 'B's statement is relevant?
Answer with reason whether the facts which are being proved are relevant?
15. 'A' sues 'B' for inducing 'C' to breach a contract of service made by him with 'A', 'C', on
leaving 'A's service says to 'A'. "I am leaving you because 'B' had made me a better offer."
Whether this statement of 'C' is relevant?
16. Test identification parade has no independent value of its own. Respond to this statement
and common on the evidentiary relevance of the test identification parade.

Conspiracy (S. 10)

1. "The conspiracy can be undoubtedly proved by such evidence direct or circumstantial. But
the court must enquire whether the two persons are independently pursuing the same end
or they have come together to the pursuit of the unlawful object. The former does not
render them conspirators, but the latter does." Explain the law relating to relevancy
enshrined under section 10 of Evidence Act in the light of Kehar Singh and Ors. v. The State
(Delhi Administration).
2. Answer with reasons while mentioning the related decided case: A, B and C are prosecuted
for the murder and conspiracy to murder of D. As the principal evidence of the conspiracy,
certain letters written by the accused to each other during the conspiracy are submitted. A
statement made to the Examining Magistrate by B, giving an account of the conspiracy, after
arrest, is also put in evidence. What is relevant the letters or the statement or the both?
3. 'A', the Bank Manager and 'B', the accountant of the Bank are being tried to conspiracy to
cheat 'C' by wrongfully taking Rs. 50,000 from the Bank account of 'C'. After the transaction
'B' made an entry in his diary, showing both 'A' and 'B' had profited of Rs. 25,000 in the said
transaction. Whether the entry can be used as evidence admissible against 'A' under section
10 of the Indian Evidence Act?
4. Under what provisions of the Evidence Act are the following fact relevant or not relevant: In
a conspiracy trial a letter recovered from the possession of one of the party members
describing the golden days when every member worked in unison and desiring the same
kind of resolve once again is sought to be adduced as evidence.
5. When can the acts, statements and writings of a conspirator be used against the other
conspirators?
6. A, B, C and D belonged to the same religious faith and as such had formed a group with the
objective of vindicating their honour. A, the leader, wrote a letter to B, C and D appreciating
their resolve to launch a common struggle against injustice and ill-treatment of their "Kaum".
The common struggle plan involved terrorizing the population by engineering a series of
bomb blasts and causing disruption by other means. After the first blast, the police swung
into action and arrested many suspects, including A, B, C and D. The prosecution is
 particularly interested in adducing the following two facts with the help of section 10 of the
Evidence Act:
(i) Two taped cassettes in which the specific roles assigned to each member of the
common struggle is elaborated.
(ii) A personal diary of A in which the story of the group awakening is recorded with
a view to be published as a novel. Discuss.
7. S was an officer, employed in the Customs House, and R, an agent for the importers at the
same place. Both of them were charged with conspiracy to dodge the Customs Department,
by passing goods without paying full duty. R made certain entries in two books. One of the
books was used for carrying out the fraud and entries were necessary for the purpose. But
the other was for his private record, or convenience. Can the prosecution be allowed to
tender both these books in evidence for the offence of conspiracy to pass the goods without
paying full duty? Decide with relevant case law.

Alibi (S. 11)

1. Discuss the scope of section 11 of Evidence Act, 1872. Why it is called as residuary clause of
relevancy? Whether a statement which is otherwise not relevant under any of the other
provisions of Evidence Act, 1872 may be permitted to be adduced under section 11?
2. When are facts not otherwise relevant, relevant? Illustrate you answer.
3. What is meant by the word 'alibi'? Whether plea of alibi is one of the general exceptions or a
rule of evidence? Discuss the relevance of plea of alibi in a criminal trial?
4. 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 it was not committed by either 'B', 'C', or 'D'.
Whether the above stated facts are relevant? Answer with reason whether the facts which
are being proved are relevant?
5. Explain about the 'otherwise relevant facts' and their utility for criminal adjudications.
6. Discuss the provisions of Indian Evidence Act under which following fact are relevant: Mr. A
was charged with murder of B in Calcutta. A shows his railway ticket and hotel bills in his
name of a Mumbai Hotel one day earlier than the day of incident.
7. The occurrence took place on 5-10-1984 at about 2.30 p.m. The defence examined DW- 2,
who testified that she and PW-3 (an alleged eye-witness) were at Salem at the time of
occurrence for execution of some documents in connection with a lorry transactions. She
proved sale receipt bearing the signatures of PW-3. Though PW-3 admitted having sold the
lorry mentioned in the sale receipt in DW-2, he denied having gone to Salem. The High Court
rejected the evidence of DW-2 mainly because of the fact that PW-3 was recorded as present
at the inquest which was shown to have been held at 5.00 p.m. Was the High Court justified
in rejecting the evidence of DW-2? Answer with reference to provisions of Indian Evidence
Act and case law, if any.
8. Discuss the relevancy of the following fact under the provisions of the Indian Evidence Act,
1872.
In his trial for murder of B by stabbing after a long chase, A advanced evidence that a week
before the alleged murder of B, A had undergone a heart surgery in a Government Hospital.
9. Under what provisions of the Evidence Act are the following fact relevant or not relevant: In
a murder trial the prime accused pleads that on the date of the incident he was detained in
the maximum security prison under Court orders.
10. Write notes on Plea of alibi.
Facts relevant when right or custom is in question (S. 13)

1. When right or custom is in question, what facts are relevant? Illustrate your answer.
2. What facts are relevant when the question is as to the existence of any right or custom?
Answer with examples.
3. What evidence is relevant to prove a custom?

Facts showing existence of state of mind, or of body, of bodily feeling (S. 14)

1. "Facts showing the existence of any state of mind such as intention, knowledge, good faith,
negligence, rashness, ill-will or good-will towards any particular person, or showing the
existence of any state of body or bodily feeling are relevant, when the existence of any such
state of mind or body or bodily feeling, is in issue or relevant." Explain and exemplify this
statement with the help of illustrations and judicial decisions.
2. How are facts showing the existence of a state of mind relevant when the existence of such
state of mind is in issue?
3. A is accused of murdering a woman X, It is sought to be proved that two years ago he
murdered his wife Y and so had the mens rea to murder X.
4. A and B, his wife, are charged with the murder of a baby entrusted to them for nursing. The
prosecution adduces evidence that several babies entrusted to the two accused were never
heard of thereafter, and the dead bodies of several infants entrusted to them on payment of
money for nursing were found near their residence buried in the yard of house occupied by
them.
5. 'A' sues 'B' for damage done by a dog of 'B' which 'B' knows it to be ferocious. Whether the
facts that the dog had previously bitten X, Y and Z, that they had made complaint to 'B', are
relevant?
6. 'A' is accused of defaming 'B' by publishing an imputation intended to harm the reputation of
'B'. Whether the facts of previous publication by 'A' respecting 'B', showing ill-will on the part
of 'A' towards 'B' is relevant?
7. 'A' is accused of fraudulently delivering to another person a counterfeit coin which, at the
time when he delivered it, he knew to be counterfeit. Whether the fact that, at the time of
its delivery. 'A' was possessed of a number of other pieces of counterfeit coin is relevant.
8. 'A' is accused of defamation of 'B' by publishing a defamatory article about 'B' in a magazine.
Is the evidence of publication of defamatory statement by 'A' about 'C' in the previous issue
of same magazine admissible? Give reasons for your answer.
9. Answer with reasons: A sues B for damage done by dog of B. B knows the dog to be
ferocious. Whether the fact that the dog had previously bitten X, Y, Z and they had made
complaint to B is relevant?

Admissions and confession (Ss. 17-31)

1. Explain the implications of admission and Confession under the Evidence Act.
2. "A retracted confession may form the legal basis of a conviction if the court is satisfied that it
was true and was voluntarily made. It is merely a rule of prudence that an uncorroborated
retracted confession shall not form the basis for conviction." Discuss the law relating to
relevancy and admissibility of retracted confession in the light of decision of State (NCT of
Delhi) v. Navjot Sandhu.
3. 'A' causes the death of his wife and subsequently is arrested by the police. During
interrogation, he confesses the crime and states, "if taken to my house, I will show the place
where I have hidden the knife used to kill my wife". The Investigating Officer (IO)
 subsequently takes 'A' to the house from where 'A' takes out the concealed knife from the
attic and hands it over to the IO. What is the 'fact discovered' in this case? Explain what are
the conditions that must co-exist for a statement to fall within the scope of Section 27 of the
Indian Evidence Act, 1872.
4. In Pulukuri Kottayya v. King Emperor, AIR 1947 PC 67, it was observed as under: "Section 27,
which is not artistically worded, provides an exception to the prohibition imposed by the
preceding section and enables certain statements made by a person in police custody to be
proved. The condition necessary to bring the section into operation is that the discovery of a
fact in consequence of information received from a person accused of any offence in the
custody of a Police Officer must be deposed to, and thereupon so much of the information
as relates distinctly to the fact thereby discovered may be proved. The section seems to be
based on the view that if a fact is actually discovered in consequence of information given,
some guarantee is afforded thereby that the information was true, and accordingly can be
safely allowed to be given in evidence; but clearly the extent of the information admissible
must depend on the exact nature of the fact discovered to which such information is
required to relate. Normally the section is brought into operation when a person in police
custody produces from some place of concealment some object, such as a dead body, a
weapon, or ornaments, said to be connected with the crime of which the informant is
accused. Mr. Megaw, for the Crown, has argued that in such a case the "fact discovered" is
the physical object produced, and that any information which relates distinctly to that object
can be proved. Upon this view information given by a person that the body produced is that
of a person murdered by him, that the weapon produced is the one used by him in the
commission of a murder, or that the ornaments produced were stolen in a dacoity would all
be admissible. If this be the effect of Section 27, little substance would remain in the ban
imposed by the two preceding sections on confessions made to the police, or by persons in
police custody. That ban was presumably inspired by the fear of the legislature that a person
under police influence might be induced to confess by the exercise of undue pressure. But if
all that is required to lift the ban be the inclusion in the confession of information, relating to
an object subsequently produced, it seems reasonable to suppose that the persuasive
powers of the police will prove equal to the occasion, and that in practice the ban will lost its
effect. On normal principles of construction their Lordships think that the proviso to Section
26, added by Section 27, should not be held to nullify the substance of the section. In their
Lordships view it is to treat the "fact discovered" within the section as equivalent to the
object produced; the fact discovered embraces the place from which the object is produced
and the knowledge of the accused as to this, and the information given must relate distinctly
to this fact. Information as to past user, or the past history, of the object produced is not
related to its discover in the setting in which it is discovered. Information supplied by a
person in custody that "I will produce a knife concealed in the roof of my house" does not
lead to the discovery of a knife; knives were discovered many years ago. It leads to the
discovery of the fact that a knife is concealed in the house of the informant to his knowledge,
and if the knife is proved to have been used in the commission of the offence, the fact
discovered is very relevant. But if to the statement the words be added "with which I
stabbed A" these words are inadmissible since they do not relate to the discovery of the
knife in the house of the informant." Elucidate and explain the legal effect of the aforesaid
quotation with examples. In terms of your reasoning, please examine the following
statement of the accused and indicate the portions which are admissible or not admissible
under Section 27 of the Indian Evidence Act.
 "Statement made by the accused Inala Sydayya on being arrested. About 14 days ago, I
Kotayya and people of my party lay in writ for Sivayya and others at about sunset time at the
corner of Pulipad tank. We, all beat Boddupati Chinna, Sivayya and Subbayya to death. The
remaining persons, Pullayya, Kotayya and Narayana ran away. Dondapati Ramayya who was
in our party received blows on his hands. He had a spear in his hands. He gave it to me then.
I hid it and my stick in the rick of Venkatanarasu in the village. I will show if you come. We did
all this at the instigation of Pulukuri Kotayy."
5. Give an appraisal and critical view of the provisions of the Indian Evidence Act related to
confession.
6. Explain confession. How much of information received from accused may be proved?
Discuss.
7. What is difference between Admission and Concession? Under what circumstances and up-
to what extent the confession made by an accused can be used in evidence against Co-
accused?
8. The accused in police custody provides information to the Investigating Officer (IO) under
Section 27 of the Indian Evidence Act. The IO, to ensure its sanctity, soon thereafter calls
independent public witnesses and records the same in their presence. Whether such
information is admissible in evidence?
9. When are confessions relevant in evidence? 'A' an accused, is under arrest. He tells the
investigating officer that he had buried the ear-rings of the deceased near 'pipal' tree. It is
proved to be true on the accused taking the police officer and the 'panchas' to the place and
pointing the place where then had been hidden. Is the statement of 'A' admissible in
evidence against him?
10. Section 31 of The Indian Evidence Act, 1872 says that admissions are not conclusive proof of
the matters admitted, but they may operate as res-judicata. Explain
11. 'Confession must be taken as a whole or rejected as a whole.' Explain with exceptions. What
is evidentiary value of confession?
12. 'X' was tried for the murder of 'Y' and 'Z'. 'X' made a statement to the police "About 15 days
ago, I and people of my party were waiting for 'Y', 'Z' and others at about sunset time at the
river side. After arriving them we all beat 'Y' and 'Z' to death. The remaining person ran away.
'A', who was in our party, received blows on his hands. He had a spear in his hands. He gave
it to me then I hid it and my stick, near the river side. I will show you if you come." The spear
and the stick was recovered near the river side. Whether the statement of 'X' or what part of
the statement is relevant?
13. When a person can prove admission in his favour? Explain with example.
14. When are confessions relevant in evidence? State the provisions of the Indian Evidence Act
as to confessions.
15. X, an accused in a case of robbery and murder, voluntarily makes a confession before judicial
Magistrate, who, however, gave him no warning of the consequences of making such
confessional statement. The Magistrate made no notes but listened to the accused's version
with rapt attention and later dictated a confessional statement to his typist from the
notebook of his mind. Then the accused, X, and the Magistrate put their signatures to the
typed statement. In case the case is before you in the capacity of a Sessions Court would you
accept it as a valid confession/statement and convict the accused on this evidence alone?
16. A and B were arrested by the Police of Gurdaspur on a charge of theft of jewellery in a house
from the person of a lady. One day police remand of A and B was taken by the police from
the Court to effectuate the recovery of stolen jewellery articles. During police remand, A
made a confession to police that, "I and B entered in the house by breaking a wall in the
 night and found a lady sleeping wearing plenty of jewels. I put a piece of cloth on her mouth
and B removed her jewels and then we came out of the house. We distributed the stolen
jewellery between us. I hid the jewellery of my share in cupboard in my house which I can
get recovered". Which part of the statement of A is relevant and admissible and why the rest
of the statement is inadmissible? Answer with reference to the provisions of Indian Evidence
Act, 1872, and the case law, if any.
17. After his arrest X had made a confessional statement to the I.O. about the motive of the
crime and the elaborate details of its execution. X's statement read as follows: "I suspected
his true intentions and before he could unfold his plan I killed him. I left his body on the
highway and left the dagger used in the crime somewhere nearby". The police team is led to
the highway and takes the body under its charges, but the dagger is handed over to the
police by the alert and active neighbours. Is the confessional statement admissible? What
part of the above statement can be made use of by resort to section 27?
18. A gupti was recovered pursuant to the statement made by the accused (appellant No. 2)
from a dilapidated building concealed below a heap of earth, which on examination was
found to be stained with human blood of Group 'B'. On behalf of the appellant, it was urged
that because the house was in a dilapidated condition and could be approached by anyone,
it could be said that the gupti was found from an open place, accessible to all. Is the plea of
the appellant admissible under the law? Decide with reference to section(s) of the Indian
Evidence Act and case law, if any.
19. Is section 30 of the Indian Evidence Act, 1872 applicable to the statement made in answer to
the notice?
20. What is the impact of a confession made by a co-accused on sections 30 and 133 of the
Evidence Act?
21. Explain, with illustrations, the conditions in which a confession is not admissible under
section 24 of the Indian Evidence Act.
22. The accused told the police that the her tops and the bangles which the deceased was
wearing and which he took off her body in their house could be actually recovered in his
house through his help. Discuss as to which portion of the statement is admissible in
evidence.
23. Write short note on Admission.
24. Write brief explanatory note on Retracted confession.
25. What is evidentiary value of admission?
26. 'The most generally accepted ground for reception of admission in evidence is that the
party's declarations, whether for or against his interest, when made may always be taken to
be true as against himself. 'Critically examine this statement in the light of the provision of
the Indian Evidence Act.
27. In a case of murder the first accused made a confession to the Circle Inspector which led to
the discovery of certain jewels of the murdered woman, and also a bloodstained brick which,
the first accused stated, the second accused had used to beat her with and in consequence
of which beating she died. Discuss the admissibility of these statements as against the first
and the second accused.
28. Distinguish between an "admission" and a "confession". State the rules regarding the
admissibility and probative value of each.
29. What is a confession? Distinguish between judicial and extra-judicial confessions.
30. What is the evidentiary value of confession made by an accused in police custody?
31. "A statement is genus, admission is the species and confession is the sub-species". Discuss.
32. 'A' is arrested of having committed murder and is taken in police custody for the purpose of
investigation. The Investigating Officer invites a Judicial Magistrate of first class to record his
confessional statement and 'A' is convicted on the basis of said confessional statement. 'A'
challenges his conviction on the ground that the statement of confession was not voluntary
because it was recorded while he was in police custody. Decide.
33. Which of the following statements are relevant as 'Admission'?
(i) 'A' undertakes to collect rents for 'B'. 'B' sues 'A' for not collecting rent due from
'C' to 'B'. 'A' denies that rent was due from 'C' to 'B'.
(ii) 'A' sells a horse to 'B'. 'B' asks-whether horse is sound? 'A' says to 'B'-"Go and ask
'C', 'C' knows all about it." 'C' tells about soundness about horse. [JJS 2014]
34. What are the circumstances when confession of a co-accused may be proved against an
accused?
35. Ram an accused of an offence of murder stated before a police officer that, 'The knife by
which I have killed Sohan has been hidden by me in the field, which I can show'. On this
information the police officer discovers the said knife from the field, on which human blood
is detected. Is the whole statement given by the accused admissible in evidence? If not, what
part or parts are admissible in evidence? Give reasons clearly.
36. What confessions are relevant in evidence? Refer to relevant provisions of the Evidence Act
and give suitable illustrations.
37. Distinguish between judicial and extra-judicial confession.
38. Discuss fully the evidentiary value of retracted confession. Illustrate your answer.
39. Explain the relevancy of confession in criminal trials.
40. Whether an admission can be used by the maker of the admission in his own favour? If so, in
what circumstances? Explain and illustrate.
41. Define 'admission' and enumerate the persons whose admissions constitute evidence
against another person. Distinguish between admission and confession?
42. On a dark night, a murder was committed in Delhi. Nobody is named as the murderer. The
sub-inspector of police went to the locality to investigate. While he was investigating, one
Abhay came to him and said that he committed murder. After that Abhay was arrested and
became accused in the case and was tried of the offence of murder. Discuss the validity of
the aforesaid confession statement of Abhay.
43. A and B are jointly tried for the murder of C. It is proved that A said, B and I murdered C. Can
the court consider the effect of this confession against B.
44. Distinguish between 'Admission' and 'Confession'.
45. A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he
refused to sell them below their market price. Is this evidence admissible? Give reasons for
your answer.
46. 'Silence may sometime amount to an admission'.
47. 'No confession made to a police officer is admissible'.
48. Discuss fully the evidentiary value of retracted confession. Illustrate you answer.
49. When is a confession said to be caused by inducement, threat or promise? Why is it not
admissible?
50. State whether a confession before a police officer/Magistrate admissible? If so, explain its
rationality.
51. X, lodged an FIR before a police officer in the nature of confession stating that he murdered
his wife Y, as she was a woman of bad character. Is the above statement admissible? If so, to
what extent and under what circumstances? Discuss.
52. What are admissions? Who can make them and when they can be used by or on behalf of
persons making them?
53. Admissions cannot be proved by the persons making them. What are the exceptions to this
general rule?
54. A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he
refused to sell them below their market price. Is this evidence admissible? Give reasons for
your answer.
55. An accused, while in police custody, gives information to the Investigating Officer that he
purchased the murder weapon from a particular dealer, and then takes the Investigating
Officer and the Panches to the place of the dealer and points him out. Whether the
information given by the accused, and the evidence of the Investigating Officer and the
Panches are admissible?
56. Discuss the evidentiary value of:- Retracted Extra-judicial confession.
57. Write brief note on confessions.
58. A kills his aunt and himself lodges an F.I.R. narrating the facts at the police station. He was
prosecuted for murder on the basis of the F.I.R. No other evidence was given. A subsequently
did not plead guilty? Comment.
59. In a case of murder under Section 302 of IPC, the accused confessed to the police that he
had committed murder and also confessed that he hid the weapon used in the offence of
murder besides the tree in his neighbour's courtyard. The weapon is thereby discovered by
the police. Examine in the light of the relevant provisions and the case law:
(i) The relevance of his confession to the police.
(ii) The relevance of discovery of weapon and the exact scope of this recovery.
(iii) Critically examine the contradictory approach, if any, and decipher any
contradiction in the approach between (i) and (ii) above.
60. What is the purport of confession under Criminal law and under what circumstances it can
be made? Also state the relevance of a confessional statement of an accused in Narco-
analysis test undergone by him voluntarily.
61. When do the statements made by a party in representative character become admission?
62. How much of the information received from the accused in Police custody may be said to be
proved?
63. Define admission. Who can make admission?
64. Whether extra judicial confession made before a home guard on duty is admissible in
evidence?
65. What do you understand by a "retracted confession"?
66. A, an accused, while in police custody makes a confession to his relative B. Is the evidence of
B admissible?
67. Write brief note on extra judicial confession.
68. Who can record confession of an accused?
69. What do you understand by "inculpatory" and "exculpatory" statement of confession? What
is the law of admissibility of such statements? Can the court convict an accused by admitting
inculpatory part and rejecting exculpatory part of confession?
70. X on his death bed confessed that he had murdered B. A is being charged with the death of
B. Is X's confession admissible in evidence in A's trial? Give reasons.
71. Under pressure from her mistress a domestic servant, who had given birth to an illegitimate
child, confessed that she had killed the child. Is her confession admissible in evidence in her
trial? Give reasons for your answer.
72. X an accused, stated before a police officer, "I murdered B with a knife. I, therefore, washed
the knife and hid it beneath a hay stack where you will find it." How much of this information
is admissible in evidence? Discuss.
73. Mrs. Singh returned unexpectedly from a holiday to find four silver spoons missing. Asha, her
maid servant, was unable to account for them. Mrs. Singh shut her up in the servants-bed
room for four hours and then said to her "You stupid girl, do you not see how unpleasant this
is for every one? I can never forgive you if you lie to me. Where have you put them?" In the
presence of a Police Officer Asha then said to her mistress, "I gave them to the young man I
was going around with, as he was hard up". Thereupon Mrs. Singh handed over Asha to the
police and Asha was tried for the theft of the four spoons.
(i) Can Mrs. Singh give in evidence Asha's confession? Why/Why not?
(ii) Would the confession be relevant, if so how much, if the Police Officer gives
evidence that in consequence of the confession he saw the young man and
recovered the spoons from him. Give reasons in each case.
74. All confessional statements are not barred.
75. Confession by B during trial admitting the murder of E as alleged.
76. Extra-judicial confession by D to E's brothers obtained under threat that he must state the
truth or suffer lynching by hanging from a tree.
77. Decide the following:
(a) The appellant who was convicted under section 411 I.P.C. had stated
before the investigating officer during the course of investigation: "I will
point out one Gaddi alias Ram Singh of Delhi at Bombay Central Railway
Station at III Class waiting Hall to whom I had given a packet containing
diamonds of different sizes more than 200 in number." The appellant then
pointed out the man as stated who produced an handkerchief containing
211 diamonds, and the same were identified to be stolen property. Say if
the statement is admissible under section 27 of Evidence Act. Will it make
any difference if police know this man, but not his whereabouts?
(b) The deceased, a boy of 11 years was found missing. Accused lodged FIR
naming three persons and stated that "he had taken the boy from Ram's
house on afternoon of January 19. He had kept himself concealed from
their view nearby. He heard the sound of something being thrown into the
well. Those three persons then ran away, but he himself remained sitting
there through out the night and then on peeping into well next morning,
observed crops of his son in the well". Later the accused was arrested and
prosecuted for murder. Decide with arguments for and against regarding
admissibility of FIR against the accused.
78. "It looks rather strange that a confession made by an accused even before a sweeper will be
admissible, but it will not be so when made before a high ranking police officer like Inspector
General of Police." Examine critically the above statement, with reference to statutory
provisions, case law and recommendations in this regard by the Law Commission of India.
79. A confession contains both exculpatory and inculpatory parts. Can such a confessional
statement be segregated so as to believe and disbelieve it in parts. Refer to case law.
80. When can a confession alleged to have been made by an accused, who is jointly tried with
another accused, be taken into consideration by the Court as against the other accused?
Explain the principle upon which the law is based.
81. A and B master and servant, respectively, are being jointly tried for the murder of X and also
thereafter for having made away with the dead body to hide the crime (sections 302 and 201
I.P.C.)
A confession is made by B, the servant to the effect that, without any previous knowledge of
the crime, B was taken to the house of X by A and suddenly asked to throw light from a torch
as a serpent had come out; at that time X came out of the house at the call of A, and A killed
him without any complicity of B. The two together then disposed of the body. Is this
confession relevant against A? Give reasons for or against.
82. An accused, whilst in police custody, gives information to the investigation officer that he
purchased the murder weapon from a particular dealer, and then takes the Investigating
Officer and the Panches to the place of the dealer and points him out. Whether the
information given by the accused, and the evidence of the Investigating Officer and the
Panches are admissible?
83. Write short note on admissibility of statements made to a police officer.
84. Write a short note explaining probative value of admission
85. Can admission be made by signs, silence or words uttered in soliloquy (talking to one- self)?
Can an admission of the opposite party be read in evidence against him without confronting
him in cross-examination when he appeared as a witness.
86. A was tried on the charge of committing theft of three chemical drums from the premises of
Bombay port trust on 1.8.1968. During the investigation of case he made the following
statement to investigating officer of the case while in custody: "I will tell the place of deposit
of three chemical drums which I took out from Haji Bundee (Bombay Port Trust) on 1st
August."
The statement was given on 26.9.68. As a result of this statement of A the three stolen
drums were recovered from the compound of a musafirkhana i.e., waiting place. Drums were
not concealed.
Discuss whether the whole or any part of statement of A was admissible in evidence against
A at his trial and whether an inference under illustration A of Section 114 Evidence Act, that
A was thief or a receiver of stolen property could be raised against him.
87. 'A' was tried for the murder of 'B' whose body was found in a well and the ornaments that B
was wearing were missing from the body. 'A' while in police custody said during the
investigation; "I had removed the ornaments, had pushed B into the well and had pledged
the ornaments with C". In consequence of this statement the ornaments were recovered
from C. The only question for determination at the trial was if the statement made by A was
admissible in evidence. Decide.
88. A, while on bail, confessed his guilt to a police officer. Is the statement of the said police
officer relevant at the trial? Write a short order deciding the controversy.
89. A is accused of murdering his wife by smothering and poisoning. On the fateful night, the
couple went to their bedroom and on the next morning, she was found dead. When A was
interrogated after arrest, he told the investigating police officer thus: "I have concealed the
bottle containing poison under the bushes situated beyond gohar; I have concealed the
towel and vest under the heap of rubbish and the steel Kauli in Lokola of cow-shed". This led
to recovery of Ex. P5 bottle (green insecticide) from tobacco bushes, Ex. P6 towel and Ex. P7
vest from the heap of rubbish situated in compound of his residence and Ex. P8 steel Kauli
from his cow-shed. Deference plea is that the recoveries cannot be used as evidence as
confession was made to a police officer, places from where the recoveries were made were
open and accessible to others and PW (Prosecution Witness) who was present when
recovery was effected said that the accused had not made any disclosure statement in his
 presence. Discuss the evidentiary value of the statement and the said recoveries with
reference to provision of the Indian Evidence Act and give your verdict.
90. A & B master and servant, respectively are being jointly tried for the murder of X and also
thereafter for having done away with the dead body to hide the crime. (Sections 302 & 201
IPC).
A confession is made by B the servant to the effect that, without any previous knowledge of
the crime, B was taken to the house of X by A and was suddenly asked to throw light from a
torch as a serpent had come out; at that time X came out of the house at the call of A, and A
killed him without any complicity of B. The two together then disposed of the body. Is this
confession relevant against A? Give reasons for or against.
91. A is accused of commission of murder of his father who was inclined, to dispose of his
immovable property for certain reasons. After committing murder, 'A' himself went to the
police station and lodged FIR narrating the manner in which he did commit murder. There is
no eye-witness to the commission of the offence. Dead body and blood stained Kulhari is
recovered from the house of the accused. Decide.
92. What is a confession? What are the types of confession which are inadmissible under Indian
Evidence Act, 1872? Is there any exception to this. Discuss with reference to provisions of the
Act?
93. If in a letter a person admits a fact for arriving at a compromise, can he say that such
admitted fact is without prejudice to a pending court case and the letter will not be used in
any place except for recording settlement in the court case?
94. Write Short note on relevancy of admission in civil cases.
95. Write Short note on confession by accused before the police officer.
96. Discuss the following: Exception when confession by accused in custody of police officer is
made in admissible.
97. Distinguish between admission and confession. Under what circumstances and to what
extent, can the confession by an accused by used in evidence against a co-accused?
98. Discuss the provision of the Evidence Act under which a confession of one accused can be
used against another co-accused.
99. A is tried for the murder of B. A says to a police officer, "I have buried the knife with which I
committed the murder of B in the field of C. He tells the knife was buried. The knife is taken
out." Discuss of the above statement if A is admissible either as a whole or in part. Refer to
decided cases.
100. Discuss fully the evidentiary value of retracted confession. Illustrate your answer.
101. State the exception to the rule that confession by an accused in police custody is not
admissible in evidence.
102. When does a confession become irrelevant.
103. A and B are jointly tried for the murder of C. It is proved that A said "B and I murdered
C". Can the court consider the effect of this confession as against B.
104. What do you understand by "admission" and "confession"? Distinguish between the
two and explain their evidentiary values?
105. 'A' and 'B' are jointly for the murder of 'C'. It is proved that 'A' said, " 'B' and I murder
'C' ". Can the Court consider the effect of this confession as against 'B'?
106. What do you understand by "inculpatory statement" and "exculpatory statement" of
confession? What is the law relating to admissibility of such statements?
107. A while in police custody, makes statement of admission of a fact. During trial, the
Public prosecutor produces evidence of his admission. A objects the admissibility of evidence
on the ground of rule laid down in Section 26 of the Indian Evidence Act, 1872. Decide.
108. Who is said to be a co-accused under Evidence Act? Under which circumstances a
conviction can be made on the basis of evidence of a co-accused?
109. Discuss fully the evidentiary value of retracted confession. Illustrate your answer.
110. 'A' and 'B' are co-accused of the crime and kidnapping and killing a child. 'A' denies his
guilt but 'B' confesses that he alongwith 'A' has committed the crime. How far the statement
made by 'B' is relevant against 'A'.
111. Explain 'admissions' and 'confessions' and 'distinguish' between them and discuss also
to what extent they are admissible in the Court?
112. Are the following admissions/confessions admissible?
(i) 'A' undertakes to collect rents for 'B'. 'B' sues 'A' for not collecting rent due from
'C' to 'B'. 'A' denies that rent was due from 'C' to 'B'. Whether the statement by
'C' that he owed rent of 'B' is admissible against 'A'?
(ii) 'A' is on his trial for the murder of 'C'. There is evidence to show that 'C' was
murdered by 'A' and 'B' and that 'B' said 'A' and I murdered 'C'. Whether the
statement of 'B' can be considered as confession against 'A'?
113. Answer with reasons: The question is whether a horse sold by 'A' to 'B' is sound? 'A'
says to 'B' go and ask 'C'. 'C' knows all about it". Whether C's statement is an admission?
114. Write short note on evidence of co-accused.
115. 'A' is being tried for the murder of 'C'. Evidence is given to show that 'C' was murdered
by 'A' and 'B's statement admitting that "A' and 'I' murdered 'C" is also proved. Whether this
statement may be considered by the court against 'A'?
116. 'A' is accused of the murder of 'B'. 'A' wrote a letter addressed to his friend 'C' stating
that he had committed that crime. The letter fell into the hands of a police officer. Are the
contents of this letter relevant as evidence against 'A'?
117. A warden of a prison promised to post letter given to him by a prisoner. The letter was
addressed to the prisoner's father and contained confession signed by the prisoner. Instead
of posting, the warden sent the letter to the Public Prosecutor, who wanted to use it at the
trial of the prisoner. Is it admissible as a confession? Give reasons.
118. One Miss Rita was charged of an offence under section 379 of the Indian Penal Code.
During investigation police seized her mobile phone along with other items. The mobile
phone was finger print enabled and Rita denied giving her finger prints but police compelled
her to give fingerprint specimen and later used the same to unlock her phone. Later on
police found certain incriminating materials in her phone and used it in evidence against her.
State the admissibility of such evidence under Section 27 of the Indian Evidence Act?
119. 'Confession made by the accused is inadmissible in evidence'. Discuss the statement in
detail, giving exceptions.
120. Relevance and evidentiary value of extra judicial confession not made to a Police
Officer.
121. Confessions made in police custody. Give short note.
122. When can a confession alleged to have been made by an accused who is jointly tried
with another accused be taken into consideration by the Court as against the other accused?
Explain.
123. Confession of A, recorded under Section 164 Cr. P.C. by a Magistrate, implicating
himself and his associates. A died before commencement of trial.
124. 'A' the captain of a ship, is tried for casting her away. Evidence is given to show that the
ship was taken out of her proper course. 'A' produces a book kept by him in the ordinary
course of his business showing observations alleged to have been made by him from day to
 day and indicating that the ship was not taken out of her proper course. Whether 'A' may be
allowed to prove the aforesaid statement recorded by him in his own favour?
125. Write short note on Retracted confession
126. Oral admission as to contents of electronic records and its relevancy.
127. A is being tried for murder of C. There is evidence to show that C was murdered by A
and B and B said that 'A and I murdered C'. Can the statement be taken into consideration by
Court against A?
128. A and B are being Jointly tried for the murder of C. A makes a confession in which he
says that he alongwith B went to the room in which C was sleeping, that A stood at the door
as he felt nervous and B went inside and shot C dead. How far can this confession be used
against B?
129. A is charged with murder of C. There is some evidence to show that A and B murdered
C. Is B's statement" A and I murdered C" admissible against A?
130. A is accused of murdering his aunt B along with C and D. The murders were committed
at three different places of the village with a Kirpan. After committing the murder A went to
the police station himself and lodged on FIR and signed the same. In the FIR A said that he
murdered his aunt B, over some property dispute. Next day police recovered dead bodies of
B, C and D along with Kirpan. With the help of the accused A, who said that he has kept the
Kirpan with which he killed B, C and D in a nearby Nallah. There is no eye witness or any
other evidence to prosecute Mr. A. Medical report confirmed that wounds on bodies of B, C
and D were with some sharp-edged weapon. Can the statement of A be treated to be
confession relevant and admissible to prosecute Mr. A keeping in mind that A was in police
custody at the time he made such statement?
131. Explain 'admissions' and 'confessions'. Distinguish between the two to establish how
far they are admissible in the court as an evidence.
132. Are the following admissions/confessions admissible?
(i) A undertakes to collect rents for B. B sues A for not collecting rent due from C to
B. A defines that rent was due from C to B. Whether the statement by C that he
owed rent of B is admissible against A?
(ii) A is being tried for the murder of C. There is evidence to show that C was
murdered by A and B, and that B said A and myself had murdered C. Whether
the statement of B can be considered as confession against A?
133. 'Admission are relevant and may be proved against the person who makes them, but
they cannot be proved by or on behalf of the person who makes them.' State the exceptions
to this principle, if any. Comment
134. Are admissions made by strangers admissible? If not, are there any exceptions to this
rule? Comment
135. The utility of a retracted confession hinges primarily on the judiciousness of the court.
Respond with reasons to the statement by referring to the judicial approach towards
retracted confessions.
136. Legal effect and evidentiary value of simultaneous or joint disclosure statement made
by two or more accused.

Dying declaration etc. (Ss. 32-34)

1. Can a dying declaration be acted upon without corroboration? Explain the law and the
principles on the appreciation of dying declaration as laid down by the Supreme Court of
India.
2. Examine the provision relating to relevancy and admissibility of dying declaration under
Indian Evidence Act, 1872.
3. Explain Essential conditions of Dying Declaration.
4. A dying declaration is a weak type of evidence as the accused does not get an opportunity to
cross examine the witness. Critically examine.
5. What is the meaning of dying declaration? Is such a declaration admissible in evidence? If so,
under what circumstances?
'A' who was hit by bullet, stated in the hospital in the presence of a magistrate that 'B' had
fired at him. But 'A' did not die of the injury. Is the statement of 'A' made in the presence of
the magistrate admissible in evidence against 'B'? Can it be of any other use?
6. What is meant by dying declaration? Explain the principles on which dying declaration is
admissible in evidence despite being hearsay evidence.
7. Discuss the evidentiary value of (i) Dying declaration and (ii) Retracted confession of the
accused.
8. On the night of occurrence, all the inmates of deceased's house were sleeping in the
courtyard of the house. At about 11 p.m., the deceased's mother-in-law woke up sensing
that somebody had intruded into their privacy and asked others whether anyone was there.
Suddenly the deceased cried out that A, who was known to her, was standing there with a
gun. This was followed by the gunshot and pellets had delved into her body. Is the statement
of the deceased that A was standing with the gun, admissible in evidence?
9. Before the alleged dowry death the bride had written few letters apprehending fear of ill-
treatment at the hands of her in-laws, but she hoped she will be able to win them over with
her determination. Can these letters be used as dying declaration in the subsequent dowry
death trial?
10. Can dying declaration alone be the basis of conviction? What are the cautions to be
exercised before relying upon a dying declaration?
11. Police Constable made attempts to procure the services of a Magistrate for recording Dying
Declaration of deceased suffering from 90% burns but the Magistrate was not available and
the Constable himself recorded the Dying Declaration. Is it admissible in evidence?
12. The statement of a dead person or who cannot be found, which is already proved and
admitted in evidence, cannot be impeached or discredited for the reason that the presence
of such person cannot be secured to counter the allegations leveled against him. Do you
subscribe to this view? If so, give the reasons in support.
13. 'A' who was hit by bullet stated in the hospital in the presence of a Magistrate that 'B' had
fired at him. But 'A' did not die of his injury. Is the statement of 'A' made in the presence of
the Magistrate admissible in evidence against 'B', can it be of any other use?
14. What is the evidentiary value of an entry in a book of account?
15. In what case and subject to what conditions are dying declarations admissible in evidence?
16. Write short note on Dying Declaration.
17. What is a dying declaration? When is it admissible in evidence.
18. What do you understand by "dying declaration"? What is its evidentiary value? Is it a piece of
substantive evidence?
19. 'A' a woman, whose throat had been cut by some edged weapon, indicated by gestures
before her death that 'B' was the person who had cut her throat. Is this statement by 'A'
made by gestures admissible as evidence against 'B'?
20. Under what circumstances are previous depositions admissible in subsequent proceedings?
21. A was severely beaten. His dying declaration was recorded by a Magistrate, in which he
implicated X and Y. A survived due to medical treatment. X and Y are prosecuted for attempt
 to commit murder of A. During the trial the aforesaid dying declaration was sought to be
given in evidence by the prosecution in support of its case. The defence opposes on the
ground that the declarant was not dead and the alleged dying declaration did not point
towards any cause for assault of the declarant therefore it was irrelevant. Decide.
22. If a person making a dying declaration happens to live, can the declaration be admitted in
evidence? If so, what will be the value of such statement in law?
23. Discuss the essential elements of a Dying Declaration. When is a Dying Declaration relevant?
24. What do you mean by a dying declaration? Discuss the evidentiary value of a 'dying
declaration'. Refer to decided cases?
25. Discuss the law relating to dying declarations. Distinguish between English and Indian laws
on this point.
26. Can there be a conviction of the accused person on the sole testimony of a dying
declaration? Refer to cases.
27. What is 'dying declaration'? Discuss fully its evidentiary value. Can an accused be convicted
on the basis of dying declaration alone? Cite case law.
28. It is settled law that it is not safe to convict an accused person on the evidence furnished by
a dying declaration." Critically examine the above statement. Whether statement made by
signs is equally admissible?
29. Discuss the evidentiary value of 'Dying Declaration'.
30. "A dying declaration is a statement made by a person who is dead; as to cause of his death
or as to any circumstances of the transaction which resulted in his death, in cases in which
his death comes into questions, such statements are relevant under Section 32 of the Indian
Evidence Act, 1872, whether the person who made these was or was not, at the time when
they were made, under expectation of death and whatever may be the nature of proceeding
in which the cause of his death comes into question "Elucidate.
31. Ranjit, Suraj and Naseem were classmates and were staying in the Bangalore University
Hostel. One day they had an argument on a trivial matter. Both Ranjit and Suraj attacked
Naseem with iron rods that were lying outside their hostel room as the construction work
was going on the campus. Naseem fell down and was profusely bleeding when some fellow
students took him to the nearby Anand Nursing Home in an unconscious state. He was
immediately taken to the operation theatre and was operated upon. On being informed, the
local police reached the nursing home. Before Naseem succumbed to his injuries, his
statement was recorded. However, when the case was committed for trial, the dying
declaration of Naseem was the major evidence against Ranjit and Suraj. Their counsel,
however, pleaded for their acquittal on the ground that the aforesaid dying declaration was
supposed to have been taken by the Investigating officer, when Naseem was still under the
general anesthesia and that there was no certificate of medical fitness also. Please decide.
32. What are the essential conditions of a valid dying declaration. When a dying declaration is
considered as not admissible. Give illustration.
33. Sarita works in a call centre where she has to work in odd hours. She reaches the office
around 10.00 p.m. every night and gets back home around 6.00 a.m. in the morning. Her
office has arranged for transport service so that she and other employees like her can be
safely picked up and dropped back. On 01.03.2012, she received a call at around 3.30 a.m.
from her home that her mother is seriously ill. Though the transport service would have
taken her back around 5.30 a.m., Sarita decided to leave at once and borrowed a two
wheeler from a friend for the same purpose. On her way back on roads which were mostly
lonely, she was confronted by a gang of drunk hooligans who beat her up severely and
ravished her in their car and then threw her off on the road. Her colleagues spotted her
 when they were getting back from office in the company car around 5.50 a.m. They were
horrified at the scene of a bleeding Sarita lying helplessly on the road. They picked her up
and took her to the hospital. Some of her colleagues suggested that Sarita must first go to
the police but Sarita did not want to register a complaint fearing a protracted legal
proceedings which would put her to public humiliation. She mentioned the identity of one of
the perpetrators as Rajesh who works in the office opposite to the call centre. In the
hospital, Sarita breathed her last around 6.00 p.m. the same evening. Enraged at the whole
event, couple of her friends informed the police of the incident pursuant to which Rajesh
was apprehended and sent for trial. (i) Under which provisions of the Indian Evidence Act,
the statements made by Sarita to her colleagues in the car may be relevant? (ii) Under which
provision of the Indian Evidence Act, the statements made by Sarita to her colleagues in the
car will not be relevant?
34. What is a 'dying declaration' and by whom and how it must be recorded?
35. Point out four differences between the English and Indian law of dying declaration.
36. Accused is facing trial under section 376 I.P.C. for having raped one B on August 26. Shortly
after the departure of the accused from her bedroom, she had made a statement to her
mother-in-law regarding the circumstances of her rape by the accused. On August 30, she
was found drowned in nearby canal. Her mother-in-law is called to give evidence of the
statement which the deceased B had made to her. It is contended that it is admissible under
section 32(1), 6 and 8 of the Evidence Act. Is it correct? Decide
37. Discuss the relevancy and evidentiary value of a dying declaration.
38. An injured makes a statement to the police in the hospital. Since he was making good
progress no Magistrate was summoned for the recording of that statement. Subsequently he
died in the hospital. During the trial his statement was sought to be proved as his dying
declaration. Is it admissible as such? Give reasons.

39. A person makes a statement to the police in expectation of death. He however survives. Is
that statement admissible under section 32(1) of the Indian Evidence Act? If not for what
other purpose it may be used?
40. Briefly discuss does a statement made to S.D.M. by a bride relating to the cause of her death,
become a 'dying declaration' under section 32 Evidence Act though the bride firmly believed
that she would recover, but dies after three days of making it?
41. Three A, B and C made a statement in a document as to correctness of pedigree table of
their family before any dispute about the pedigree arose. A and B died. Afterwards their
statements were sought to be proved under section 32(5) of Indian Evidence Act (Section
reproduced).
42. A gifted his land to B whom former described as wife in the gift deed, which was
unregistered. A died. Afterwards in a civil proceeding B relied upon gift deed for proving that
she is widow of A. Opponents raised following two objections: (i) Gift deed being
compulsorily registrable under section 17 of Registration Act is un-registered and hence it
cannot be used for any purpose in view of Section 42 Registration Act (Section reproduced).
(ii) Statement of A about relationship with B was not relevant. How will you decide the
objections? Give reasons.
43. A brought a suit against B and produced C as a witness, which was returned by the court to A
for want of pecuniary jurisdiction. A presented the plaint in the court of competent
jurisdiction. In the mean-time C died. At the trial A sought to rely on the statement of C
 already recorded under section 33 of Indian Evidence Act. B objected. Can already recorded
statement of C be taken into evidence?
44. A deceased made the following dying declarations:- (i) Soon after the incident in the house
of a person near the place of occurrence wherein he did not give a full account of incident or
of transaction which resulted in his death.
(ii)A statement of Police Officer which was treated as a FIR of the case and when the same
police officer investigated the case later.
(iii)the statement of deceased recorded by the investigating officer of the case later in
hospital in presence of friends and relations of deceased and a doctor who was kept by the
investigating officer with him at the occasion, but without requisitioning the services of a
Magistrate which could be done. The deceased was in a precarious condition soon after the
occurrence. Decide whether all or any of the above dying declaration should be admitted in
evidence. Give reasons:
45. A and B two brothers were attacked by the appellants, causing them serious injuries to which
both the brothers succumbed. Soon after the incident, C, wife of B went to the spot. She
found A lying unconscious but her husband though injured was conscious and told her that
the appellants had attacked them with lathis and other weapons. D, father of A and B also
rushed to the spot and B made a similar dying declaration before D. Trial Court convicted the
appellants believing the statement of C & D. In appeal, it was contended on behalf of
appellants that both C & D are close relations of the deceased B so the dying declaration
made to them should not be made the basis of conviction, because there was no
independent corroboration. How would you decide the appeal?
46. A daughter-in-law of the accused, suffered 70% burns while working. She was taken to the
hospital by her husband. At the time of admission, she told the doctor that her clothes
caught fire while cooking on the stove. After sometime, she made statement to another
doctor wherein she implicated only her mother-in-law as having sprinkled kerosene on her
and having set her on fire. A third statement was made by her the same night before S.P. to
the effect that she was set on fire from behind the somebody, may be her parents-in-law.
She died in the hospital next day. In all these dying declaration she had stated that she was
rescued by her husband who brought her to the hospital. Her husband who was examined as
a defence witness supported the defence version that his parents were away to the temple
when the incident of burning took place. What rule of precaution should be followed when
there are more than one dying declarations? Decide the case preferably with reference to
case law.
47. A and his mother are being tried for murder of A's wife B. Facts are that A was married to B
on 17.07.1975. There arose some dispute between their respective fathers regarding amount
paid in marriage. On night intervening 11th & 12th September, 1976, she was sleeping with
her mother-in-law on a separate cot when she was burnt by sprinkling kerosene oil on her
chest. She was shifted to hospital at 2 a.m. where police recorded her statement at 4.30 a.m.
(That statement was not brought on record). On 17.09.1976 she gave birth to a macerated
male child. On 11.11.1976, her father filed complaint against A and his mother referring to
her oral statement made before her parents and grandmother on 06.11.1976 to the effect
that the accused persons had set her on fire. On that complaint, Magistrate recorded her
statement on 11.11.1976, wherein she said that she felt falling of drops; she got up and
started running and at that time she got fire; that she saw a man and a woman standing
there but due to fire, darkness she became unconscious and could not recognize the persons
standing there. When her statement was recorded, she was not under apprehension of
death. However on 15.11.1976 all of a sudden her condition deteriorated and she died in the
 evening. Complainant is relying on her said statements as dying declarations. He is also
replying on the accused and other asking for pardon before panchayat as extra-judicial
confession. Discuss the evidentiary value of the above mentioned statements relied upon by
the complainant and decide the case.
48. On 07.02.1983 at 8 p.m. deceased was going to his house on bicycle when he was assaulted
by four persons, one of whom gave chhura blow in his abdomen and fled away. On hulla
being raised some persons came there and one police Sub-Inspector who was on petrol duty
also arrived. On being enquired, the victim narrated the incident and named the accused
persons as assailants. The police Sub-Inspector recorded fardbeyan of the victim under
section 307 I.P.C. and obtained his thumb impression thereon. The victim was shifted to
hospital where he succumbed to injuries in night of 08.02.1983. Therefore offence under
section 302 I.P.C. was added. Prosecution relied on that fardbeyan as dying declaration.
Defence plea is that it cannot be treated as dying declaration as Police Sub-Inspector was
recording FIR at that time and as he has not bothered to get the dying declaration recorded
by Magistrate, nor the dying declaration is recorded by doctor. Decide the admissibility of
that fardbeyan.
49. Super Express Bus was set on fire. 23 passengers were roasted to death while rest received
burn injuries. A few could survive for some more days, but only to narrate their woeful to
others. Some of them, who sustained less serious burns, figured as witnesses during trial.
The Judicial Magistrate, who recorded dying declarations took down Ex. P 71 and Ex. P 75,
the statements of Pw 5 also as dying declaration, thinking that they too might succumb to
burns. They survived. What is the utility of their statements Ex. P 71 and Ex. P 75 during trial?
Can their statements be used as evidence under section 32 of the Evidence Act? Is it
permissible to use these as substantive evidence? Whether these statements can be relied
upon the premise that it is relevant and admissible as res gestae under section 6 of the Act?
Can these be used to corroborate their testimony in Court under section 157 of the
Evidence Act?
50. Does a statement made to SDM by a bride relating to the cause of her death, becomes a
'dying declaration' under section 32 of Indian Evidence Act though the bride firmly believed
that she would recover, but dies after three days of making it?
51. What is a Dying Declaration? Can it be the sole basis of conviction? Discuss with reference to
case law.
52.
(i) Amrita Singh gave a loan of Rs. 5,00,000/- to Kulvinder Singh bearing interest
@18% p. a. simple. A promissory note was signed by Kulvinder Singh at the time
of giving of the loan in the presence of Amrita Singh.
(ii) Over two years after the loan was granted, Kulvinder Singh paid different
amounts on ten occasions and signed a register in the presence of Amrita Singh
on each occasion when he paid amounts either towards part repayment of the
loan or towards interest.
(iii) Amrita Singh had an accountant Kalyanji who used to maintain in the regular
course of business all the books of accounts and also all the business records of
the various loans which used to be advanced by Amrita Singh.
(iv) An acknowledgment of debt form was signed by Kulvinder Singh after two years
of the signing of the promissory note in the presence of Kalyanji but not in the
presence of Amrita Singh.
(v) Since the loan was not repaid Amrita Singh filed a suit for the recovery of loan
and interest due. During the pendency of the suit and during the course of
 leading her evidence Amrita Singh died. Amrita Singh in her evidence before she
died had proved and exhibited the promissory note and the register, but before
she could depose further she expired.
(vi) After the legal heirs of Amrita Singh were brought on record the suit continued
and the remaining evidence in the suit was led in the form of deposition of
Kalyanji and who also again proved and exhibited the promissory note, the
register which Kulvinder Singh signed at the time of repayment of the part of the
loan/interest and also the acknowledgement of debt form.
(vii) The Advocate of Kulvinder Singh at the stage of final arguments took the
objection that the evidence led by Amrita Singh could not be looked into as she
died before she was cross examined and that Kalyanji could not prove and
exhibit the promissory note and the register where Kulvinder Singh had signed
because the said documents were not signed in Kalyanji's presence by Kulvinder
Singh. (i) Decide the objections. (ii) Could Amrita Singh if she was alive and had
led evidence proved and exhibited the acknowledgment of debt form which was
not signed in her presence?
53. What is dying declaration? Explain. Whether it can be used in case of motor accident claim
and proceedings under Hindu Succession? Answer with reasons.
54. Please state the circumstances under which statement of a person who cannot be called as
witness are themselves relevant under the provisions of Section 32 of Indian Evidence Act,
1872.
55. Explain briefly the cases in which statements of relevant facts by persons who is dead or
cannot be found, is relevant.
56. 'A' the sister of deceased 'B', makes a statement to her mother about the cause of B's death.
Later on 'A' dies. Whether statement made by 'A' to her mother regarding cause of B's death
is relevant?
57. State the four circumstances where the statements of relevant facts by a person, who is dead
and can not appear before the Court to give evidence are relevant.
58. What is "Dying Declaration"? Whether the dying declaration by itself can be the basis for
conviction? Give an example with case law.
59. 'A', an woman, whose throat had been cut by some sharp-edged weapon, indicated by
gestures before her death that 'B' was the person who had cut her throat. Is this statement
of 'A' made by gestures admissible as evidence against 'B'?
60. A comes to the police station and lodges First Information Report that B has beaten him and
has, threatened to kill him. After two days A is murdered. B is arrested and prosecuted for
the offence of murdering A. Decide whether the First Information Report may be admitted as
dying declaration?
61. The question is, what was the date of birth of 'A', whether a letter from 'A's deceased father
to a friend announcing the birth of 'A' on a give date is relevant?
62. In what circumstances statements made by persons who are dead or who otherwise cannot
be called as witnesses, may be proved in a case?
63. Discuss the essential elements of 'dying declaration'. When is dying declaration relevant?
Can dying declaration form the sole basis of conviction?
64. Mr. A went for picnic in a wild life sanctuary, where he found Mr. Y in an injured condition.
When inquired about the incident Mr. Y narrated the whole story of events and also the
name of the person who committed this offence, soon after which he died. State with the
help of relevant case laws, whether the statement of Mr. Y can be admissible as dying
declaration?
65. How far the entries in School Registers are relevant to prove the age of a boy? Is there any
difference in a Government school and a private school? If so, give your comments with
reasons. Which is the latest Supreme Court authority on this point?
66. How can 'Books of Account' kept in regular course of business be proved?
67. Are books of accounts maintained in the ordinary course of business themselves sufficient to
fasten liability upon a defendant in a suit for recovery of moneys? No or yes?
68. What are the essential conditions for a valid Dying Declaration? Give some illustrations of
Dying Declarations which are not admissible in evidence.
69. B attempts to rape A. She resists and receives hard knocks from B, and is raped by him. She
dies the same day from injuries received. Before her death, she made a statement to a
neighbour about the circumstances of her death including the fact of her having been raped
by B.
At the trial of B for murder of A and for raping her, the defence objects to that part of her
dying declaration which mentioned rape on her contending that it was not admissible under
section 32 of the Evidence Act. Overrule the objection and record order to that effect.
70. 'A', who was hit by 'bullet' stated in the hospital in the presence of a Magistrate that 'B' had
fired at him. But 'A' did not die of this injury. Is the statement of 'A' made in the presence of
the Magistrate admissible in evidence against 'B'? Can it be of any other use?
71. 'A' was severely beaten. His dying declaration was recorded by a Magistrate, in which he
implicated 'X' and 'Y'. 'A' survived due to medical treatment. 'X' and 'Y' were prosecuted for
attempt to commit murder of 'A'. During the trial, the aforesaid dying declaration was sought
to be given in evidence by the prosecution in support of its case.
The defence opposed on the ground that the declarant was not dead and the alleged dying
declaration did not appoint towards any cause for assault or the declarant therefore it was
irrelevant. Decide.
72. Under what circumstances can evidence given in a former judicial proceeding be used to
prove in a subsequent proceeding the truth of facts stated therein? Discuss.
73. A person makes a dying declaration, but ultimately recovers. Can this statement be admitted
in evidence as a dying declaration? If not, how can it be used?
74. Write Short note on Evidentiary value of a dying declaration made in Tamil, translated in
Hindi by a Tamil knowing doctor and recorded in Hindi by Magistrate who does not
understand Tamil.