2018

1. Leading questions must not if objected to by the adverse party, be

asked in ...... except with the permission of the court.

2. How can the credit of a witness may be impeached by the adverse

party wi the concent by the party who calls him or by the court.

3. No tenant of ........... property or person shall during the continuance of

tenancy be permitted to deny that the landlord of such tenant had, a the
beginign of the tenancy, a tiltle to such property

4. Admissibility of testimony of an accomplice

5. What is the number of witnesses required in for the proof of any fact?

6. Burden of proof?

7. Relevancy of character of person concerned?

Section 52 of Evidence Act, in civil cases, character to prove conduct imputed,
irrelevant.The general rule is that in civil cases, person’s character is irrelevant to show such
person’s conduct is predictible or not.

Read more at Legal Bites © Reserved: https://www.legalbites.in/relevancy-character-evidence-civil-

criminal-case/

8. Admissibility of previous judgements, orders or decrees?

9. Provison of alibi
The term alibi implies the plea of absence of a person charged with an
offence from the place of occurrence at the time of comission of the offence.
Where a person has been accused of having committed an offence and the
person pleads that at the time of occurrence he was elsewhere, if he
succeeds in establishing that plea, he would be entitled to acquital. However,
the plea of alibi must be proved with absolute certainity so as to completely
exclude the possibility of the presence of person concerned at the place of
occurence.
10. Presumption to abetment of suicide by a married woman?

11. Define admission? State the persons whose admission are relevant?

12. Define Confession? Difference between admission and confession?

Admissibility of confession made in police custody?

13. Discuss the method of providing the contents of document, explaining

what constitutes primary evidences and secondary evidence?

13. What documents are called public documents? Who can give certified
copy of public document? State the necesary particulars contained in a copy
to be properly certified?

14. Do you agree that oral evidence must be direct? Examine with suitable
illustrations and permissible exceptions if any

15. Section 6 of IEA is based on Res Gastae though this word has been
scrupulously avoided in this Section. Explain?

16. What do you understand by examination of witness. What are the

types of examination and narrate atleast four basic rules of various types of
examination of witnesses?

17. What is corroboration? What are the circumstances when

corroboration is necessary? Mention the rule of corroboration of an
accomplice.

18. What is estoppel? To what extend does the IEA accept the principle of
estoppel?
Section 115 of the Indian Evidence Act, 1872 incorporates the meaning of estoppel
as when one person either by his act or omission, or by declaration, has made
another person believe something to be true and persuaded that person to act upon
it, then in no case can he or his representative deny the truth of that thing later in
the suit or in the proceedings. In simple words, estoppel means one cannot
contradict, deny or declare to be false the previous statement made by him in the
Court.

The following conditions are to be satisfied in order to apply the doctrine of

estoppel:
 •The representation must be made by one person to another person.

•The representation made must be as to facts and not as to the law.

•The representation must be made as to an existing fact.

•The representation must be made in a manner which makes the other

person believe that it is true.

•The person to whom the representation is being made must act upon that
belief.

•The person to whom the representation would be made should suffer a

loss by such representation. 

19. Role and significance of the Indian Evidence Act inthe Indian Legal
System?

The term ‘Evidence’ is derived from the Latin word Evidera which means to
discover clarly, to ascertain or to prove. In the legal sense Evidnce means
and inlcudes all statements which the court permits or requires to be made
before it by witnesses in realtion to matters or facts under inquiry and all
documents including electronic recoreds produced for inspection of court .
The law of evidence is a procedural or adjective law. It provides the rules for
proceeding the matter in front of judicial authorities.

Relevance of Law of Evidence Act as an Adjective Law. In India, the

evidence is given by the parties to prove or disprove the issues in case of civil
cases and in criminal cases, the evidence is given by the prosecutor or the
complianant and the accused person during the trial of an offience charged
by the Court. In both cases, there are disputed facts before the Court. The
plaintiff or the prosecutor/complianant alleges the existence of some facts in
their favour and the opposite party alleges the non existence of such facts or
the existance of some facts which may disporve the facts alleged by the
opposite party. The facts alleged in a case is brought before he court may be
either proved or disproved. The court has to ifnd out the truth on the basis of
facts brought before him. Such facts are called evidence. The law of evidence
(here the Indian Evidence Act) regulates the amount of such facts brought
before the court or else, the parties may indefinitely go on bringing the facts in
support and this will either waste the time of the Court or make it difficult for
reaching the court to a conclusion. In short, the Indian Evidence Act regulates
the amount and type of facts brought before it laying down the following
rules:-

(a) What facts may be used in evidnce for decing the disputed
facts.
(b) How disputed facts are to be proved
(c) Weightage to be attached to the facts adduced as evidence.

The object of the Law of Evidence itself is to restrict the investigations

by the Court and if such restrictions are not put, no suit can be decided by the
Court even if the trial takes place for a long time. Also ascertaining
controverted questions of fact in judicial proceedings and to prevent laxity in
the admissibility of proceeidngs. The law of evidence is thus closely related to
the judicial decisions. Without law of evidence, there will be much delay in
trial and the harm to the general public and the litigants will have to face lot of
obstructions and loss.

20. Hostile Witness?

The term ‘hostile witness’ is not defined anywhere in Indian Law.

During a trial, when the prosecution council calls a person to witness in his favor
and such person when called upon does not confirm to his previous statement which
was collected during the investigation is called a hostile witness.Section 154 of the
Indian Evidence Act States: The court may, in its discretion permit the person
who calls a witness to put any questions to him which might be put in cross-
examination by the adverse party.

The provision permits only those questions that can be asked during a cross-
examination.

1.The law nowhere mentions the need to declare the witness as “ hostile”
before the provision can be evoked.
2.The request to declare a person as a hostile can be invoked only when
the examining party feels that the statement presently spoken or the
testimony given by the witness would be against his duty to speak the
 truth. The Indian law says that just because a person has turned hostile,
that doesn’t mean that whole of his statement should be turned down

21. Evidentary Value of Electronic Records

According to section 3 of the IE Act, “evidence” means and includes all

documents including electronic records produced for the inspection of the
court and such documents are called documentary evidence. Thus the
section clarifies that documentary evidence can be in the form of electronic
record and stands at par with conventional form of documents. The
evidentiary value of electronic records is contianed in Section 65A and 65B of
the Evidence Act, 1872. According to this Section, the information contained
in electronic record which is printed on paper, stored or recorded or copied in
an optical or magnetic media, produced by a computer is deemed to be
document and becomes admissible without further proff or production or
original or any facts stated therein, which direct evidence would be
admissible, if they satisfy the following conditions:-

(a) The computer output containing such information should have

been produced by the computer during the period when the computer
was used regularly to store or process information for the purpose of any
activities regularly carried on during that period by the person having
lawful control over the use of the computer.

(b) During such period, information of the kind contained in the

electronic record was regularly fed into the computer in the ordinary
course of such activities.

(c) Throughout the material part of such period, the computer must
have been operating properly. In case the computer was not properly
operating during such period, it must be shown that this did not affect the
electronic record or the accuracy of the contents.

(d) The information contained in the electronic record should be such

as reproduces or is derived from such information fed into the computer
in the ordinary course of such activities.
 It is further provided that where in any proceedings, evidence of an
electronic record is to be given , a certificate containing the particulars
prescribed by 65B of the Act, and signed by a person occupying a
responsible official position in relation to the operation of the relevant device
or the management of the relevant activities would be sufficient evidence of
the matters stated in the certificate.

22. Child Witness?

According to Sec 118, all person shall be competent to testify unless the
court considers that they are prevented from understanding the questions put
to them, or from giving rational answers to those questions, by tender years,
extreme old age, disease, whether of body or mind or any otehr cause of
same kind. A child or a person in his early years of development is often
subject to certain conditions, depending upon the conditions he lives in and
nurtured in and the socio ecconomic conditions. Hence, a child’s testimony
can vary as it can be doctored by way of torture and coercing, and is not
subject to absolute self-authority and assessment. In the case Suresh Vs The
State of UP, it was held that that a testimony from a 5-year-old child shall also
be admissible, so long as the child is able to comprehend and understand the
question of the given issue. Hence, it declared that there is no minimum
required age for a person to legally testify in the court of law. Sec 118 of
IEA clearly states that one shall testify in case competent enough if
considered otherwise by the court of law. The reason behind the court’s
apprehension of a child’s testimony arises due to the fact that Children are
often considered to be tender and at a volatile age where certain instances
can make a lasting impact on the child’s memory and the way he perceives
things from thereon. The court needs to take into account various factors
before making the testimony admissible, such as, making sure that the child
clearly understands the nuances of the circumstance, what led to the
occurrence of those circumstance(s). Children often tend to be submissive
due to the pressure and the tension surrounding the entire scenario, and the
entire judicial proceedings can take a toll on a sensitive mind, leading to
breakdown and change in testimony. Hence, the court needs to take care of
intricate aspects, making sure that the child’s testimony is not affected in any
way.
23. Applicability of Indian Evidence Act?
As per Sec 1 of IEA, IEA is not applicable to affidavits presented to any Court
or officer, proceedings before an arbitrator and non judicial proceedings. The
provisions of IEA doesnt apply to the proceedings before a tribunal. Also, the
following are held not to be judicial proceedings and hence IEA doesnt apply
to them:-

(a) An enquiry by a collector under Land Acquisition Act

(b) A departmental enquiry under Sec 197 of Bombay Land
Revenue code. A departmental enquiry held by police officers.
(c) An order passed by 1st class magistrate under Sec 452(3) or
454 of CrPC, a contempt proceeding.