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Law of Evidence 8.2 BALLB OQP 2021

The document is an examination paper on the Law of Evidence, specifically focusing on the Indian Evidence Act, 1872. It includes multiple-choice questions, short answer questions, and essay prompts that cover various aspects of evidence law, such as definitions, principles, and the roles of witnesses. The paper is structured to assess knowledge on both theoretical and practical applications of evidence in legal proceedings.

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Deep Jyoti Deka
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44 views4 pages

Law of Evidence 8.2 BALLB OQP 2021

The document is an examination paper on the Law of Evidence, specifically focusing on the Indian Evidence Act, 1872. It includes multiple-choice questions, short answer questions, and essay prompts that cover various aspects of evidence law, such as definitions, principles, and the roles of witnesses. The paper is structured to assess knowledge on both theoretical and practical applications of evidence in legal proceedings.

Uploaded by

Deep Jyoti Deka
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Total number of printed pages–4

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21 (8) LWEV 8·2
2021
LAW OF EVIDENCE
Paper : 8·2

LL
Full Marks : 80
Time : Three hours

1.
CO
The figures in the margin indicate
full marks for the questions.

Choose the correct option : 1×10=10

(a)
W
drafted the Bill for the Indian
Evidence Act, 1872.
(Lord Macaulay/Sir James F. Stephen)
LA

(b) The word evidence has been derived from


the word which means to clear
to make evident. (evidere/witness)
R

(c) “The Law of Evidence can be defined as


a system of rules ascertaining
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controverted question of fact in judicial


inquiries. It bears the same relation to
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judicial investigation as logic to


reasoning.” This definition was given by
.
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(Chief Justice Monir/ Sir James


F. Stephen)
Contd.
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(d) An affidavit be used as

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evidence if specially permitted by law.
(can/ cannot)

(e) The Indian Evidence Act came into force

LL
on , 1872.
(1st September/2nd April)

(f ) Court can take judicial notice of

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. (all laws/ law of land only)

(g) The Evidence Act, 1872 is a .


(substantive law/ procedural law)

(h) The Law of Evidence is .


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(lex fori/lex loci)
(i) The Evidence Act has .
LA

( Retrospective effect /Prospective effect)

(j) The Principle of English Law is


admissible subject to
exceptions. (three/four)
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2. Write on the following : 2×5=10


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(a) Conclusive Proof


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(b) Hostile witness


(c) Judicial proceedings
(d) Dumb witness
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(e) Proved, Disproved, Not proved.

21 (8) LWEV 8·2/G 2


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3. “The rules of evidence are in general the same

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in civil and criminal proceedings”— Explain
the statement and point out the differences
between evidence in civil and criminal
proceedings. 12

LL
OR

Define evidence. What are the main features

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of the Indian Evidence Act, 1872 ? 12

4. “Relevance and admissibility are not


co-extensive terms.” Explain the statement
with suitable examples. 12
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OR
Hearsay evidence is no evidence. Explain with
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exceptions, if any, by referring to leading


cases. 12

5. Explain the term “dying declaration”. What


R

are the modes of recording a dying


declaration and its value in evidence ? 12
U

OR
SP

What is retracted confession ? Can a person


be convicted on retracted confession ? Justify
your answer with suitable illustration. 12
DI

21 (8) LWEV 8·2/G 3 Contd.


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6. Who is competent to be a witness ? Discuss

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with the case laws relating to competency of
witness under Evidence Act, 1872. Is a child
below 7 years of age competent to be
witness ? 12

LL
OR

What are the stages in examination of a

CO
witness ? What questions can be asked in
cross-examination ? 12

7. “Proof beyond reasonable doubt does not


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mean proof beyond shadow of doubt.”
— Explain citing relevant case laws. 12
LA

OR

“In the nature of things, a negative is more


difficult to establish than an affirmative.”
Elucidate the statement with reference to the
R

rule relating to burden of proof. 12


U
SP
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21 (8) LWEV 8·2/G 4 100

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