LAW OF EVIDENCE PROBLEMS

B.L., DEGREE EXAMINATION QUESTION PAPERS

1. ‘A’ gives ‘B’ a receipt for money paid by ‘B’. Oral evidence is offered of the
payment. Is this evidence admissible.

Provision: Sec 94 of BSA – Evidence of terms of contracts, grants and other dispositions
of property reduced to form of document.

Answer: Yes, the evidence I admissible.

2. The question is whether a horse sold by A to B is healthy. A says to ‘B’, go and ask
‘C’ and C knows about it. Whether ‘C’s statement is admissible?
Provision: Sec 18 of BSA: Admissions by persons expressly referred to by party to suit-
Statement made by persons to whom a party to the suit has expressly referred for
information in reference to a matter in dispute are admissions.

Answer: Yes, as the owner himself expressly referred C, then, C’s statement is
admissible and relevant.
3. The question is, whether a given road is a public way or not in which a statement of
‘A’, a deceased head man of the village saying that it is a public way is relevant or
not?
Provision:Sec 26 of BSA- Dying declaration – Cases in which statement of relevant fact
by person who is dead or cannot be found, etc., is relevant.
Answer: Yes, A’s statement is relevant.

4. In a criminal case the death by poisoning is the main charge against accused;
whether the fact, before the death of the deceased, the accused procured poison similar
to that which was administered to the deceased, is relevant?

Provision:Sec 6 of BSA – Motive, Preparation and previous or subsequent conduct

Answer: Yes, the fact that, before the death of B, A procured poison similar to that which
was administered to B, is relevant.

5. ‘B’, while in the police custody, informed that “I will produce a knife concealed
in the roof of my house, with which I stabbed ‘A’. Whether this confession
statement is admissible in a trail for murder of ‘A’ by ‘B’?

6. A client requests a lawyer to bring an act the basis of a forged document. Whether
this communication is protected from disclosure?

7. ‘A’ is tried for murder. During the trial, evidence of bad character is produced by
the prosecution against the accused. State the admissibility of bad character evidence.
Provision: Sec 49 of BSA- Previous bad character not relevant, except in reply – In
criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless
evidence has been given that he has a good character, in which case it becomes relevant.

Answer: No, the bad character as evidence in criminal proceeding is not admissible.*

8. ‘A’ is tried for having committed a crime at Chennai on a particular day. He leads
evidence to prove the fact that on that day he was at Singapore. Is it relevant?

Provision: Sec 9 of BSA- When facts not otherwise relevant become relevant

Answer: Yes, the fact that, on that day ‘A’ was at Singapore is relevant. The fact that,
near the time when the crime was committed, A was at a distance from the place where
it was committed, which would render it highly improbable, though not impossible, that
he committed it, is relevant.

9. ‘X’ accused of murder, alleges that by reason of unsoundness of mind, he did not know
the nature of the act. On whom does the burden of proof lie?
10. The questions is whether ‘A’ has been guilty of cruelty towards ‘B’, his wife.
Whether the expressions of their feeling towards each other shortly before and after
the alleged cruelty are relevant?
Provision: Sec 12 of BSA – Facts showing existence of state of mind or of body or
bodily feeling.
Answer: yes, the expressions of their feeling towards each other shortly before and after
the alleged cruelty are relevant.
11. The question is whether a horse sold by ‘A’ to ‘B’ is sound ‘A’ says to ‘B’, “Go
and ask ‘C’, ‘C’ knows about it”. Whether ‘C’s statement is admissible?
Provision: Sec 18 of BSA: Admissions by persons expressly referred to by party to suit-
Statement made by persons to whom a party to the suit has expressly referred for
information in reference to a matter in dispute are admissions.
Answer: Yes, as the owner himself expressly referred C, then, C’s statement is
admissible and relevant.

12. ‘A’ agrees in writing to sell a horse to ‘B’ for Rs. 10,000 (or) Rs. 15000. ‘A’ intends
to give evidence that he agreed to sell it for Rs. 15000 only. Will he be allowed to do so?
provision:Sec 96- exclusion of evidence to explain or amend ambiguous document.

answer: No, evidence cannot be given to show which price was to be given.

13. ‘A’ intentionally and falsely leads ‘B’ to believe that certain lands belong to ‘A’
and thereby induces ‘B’ to buy the land. The land afterwards becomes ‘A’s
property. Will ‘A’ be permitted to dispute the earlier sale?(Estoppel)

provision: Sec 121 of BSA - Estoppel

Answer: No, he must not be allowed to prove his want of title.

14. A sues B for money due on a bond. The execution of bond is admitted, but B says it
was obtained by fraud, which A denies. On whom does the burden of proof lie?

15. On 1st January 2014, A the husband , who was married to ‘B’ died. On 10 th February
2014 B married C. On 30th September, a child was born. Discuss the legitimacy of the
child.

16. A was charged with murder and he is in police custody. A makes a statement which
leads to discovery of material objects. Decide the relevancy of the statement.

17. A, a client says to B, an advocate, “I have committed robbery and I wish you to
defend me”. Is this communication protected from disclosure?

18. ‘A’ sues ‘B’ for Rs. 5,000 and shows entries in his account books, showing ‘B’ to be
indebted to him for that account. Do these entries in the account books are relevant and
sufficient?

19. ‘A’ accused of murder, alleges that, by reason of unsoundness of mind, he did not
know the nature of the act. On whom the burden of proof lies?

20. ‘A’ has proposed to prove, by a copy, the contents of a document said to be lost. State
the method of proof prescribed by law to prove the contents of the document.

21. ‘A’ a lunatic, before dying said that ‘B’ stabbed him. Is ‘A’s dying
declaration admissible?
22. ‘A’ sues ‘B’ for a land of which ‘B’ is in possession. ‘A’ claims that the
land was left to ‘A’ by the Will of ‘C’, B’s father. ‘B’denies it. On whom
the burden of proof would lie?

23. In a Criminal case, the death by poisoning is the main charge against
the accused; whether the fact, before the death of the deceased, the accused
procured poison similar to that which was administered to the deceased, is
relevant?

24. A prosecution witness was asked whether he has quarrelled with the family
of the accused. He denied it. Whether evidence can be adduced to prove the
fact of the quarrel. Decide.

25. The wife saw her husband commits a murder. She refuses to give
evidence. Can she be compelled to give evidence against her husband?

26. Kumar, a lunatic declares that Balan stabbed him before his death.
Is Kumar’s dying declaration admissible? Decide.

27. The question is whether ‘A’ robbed ‘B’. The fact is shortly before the
robbery, ‘B’ went to a fair with money in his possession and that he showed it,
or mentioned the fact that he had the money to third persons. Whether the fact
is relevant, if so how is it relevant?

28. The question is whether ‘A’ committed a crime. The fact is that ‘A’
absconded after receiving a letter warning him that inquiry was being made
for the criminal. Whether the contents of the letter are relevant?

29. ‘A’ is charged for shooting at ‘B’ with an intention to kill him.
Whether ‘A’’s intent may be proved by the fact of ‘A’ having previously
shot at ‘B’.

Provision: Sec 12 of BSA – Facts showing existence of state of mind or of

body or bodily feeling.

Answer: Yes, in order to show A’s intent, the fact of A’s having previously
shot at B may be proved.

30. A witness is asked whether he was dismissed from service for

dishonesty and he denies it. Evidence is offered to show that he was
dismissed for dishonesty. Discuss the admissibility of such evidence.
31. ‘A’ sues ‘B’ for the price of goods sold and delivered to ‘B’. ‘C’ says the
‘A’ delivered the goods to ‘B’. Evidence is offered to show that, on a
previous occasion, he said that he had not delivered the goods to ‘B’. Is the
evidence of ‘C’ admissible?

32. ‘A’ undertakes to collect rents for ‘B’. ‘B’ sues for not collecting rent due
from ‘C’ to ‘B’. ‘A’ denies that rent was due from ‘C’ to ‘B’. Shall statement
of ‘C’ that he owed rent to ‘B’ admissible.

Provision: Sec 17 of BSA: Admission by persons whose position must be

proved as against the party to suit.

Answer: Yes, in case A denies that rent was due from C to B. Then, C’s
statement is admissable and relevant to the fact in issue.

33. A is stabbed to death by B. C is an eye witness to this occurrence. C

informs this to his friend D. Decide the admissibility this to his friend D.
Decide the admissibility of the oral evidence given by C at the time of trial of B
for Murder.

34. An accused person makes the following statement to the police, “I will
show you where I have hidden my share from the bank robbery”. Discuss nthe
admissibility of this statement.

35. ‘A’ an accused of murder, claims that he was insane and did not know the
nature of the act. State whether the burden of proving insanity is on the
accused person or on the prosecution?

36. The question is whether A and B were married. The fact is that they were
usually received and treated by their friends as husband and wife. Explain is
this a relevant fact?

37. A who is accused of murder alleges that by grave an sudden provocation,

he was deprived of the power of self control. On whom does the Burden of
proof lies?

38. A prosecution witness was asked whether he had quarrelled with the family
of the accused but he denied it. Whether evidence can be adduced to prove the
fact of the quarrel?
39. 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 that A and I murdered C. Is the
statement admissible?
Provision: Sec 24 of BSA – Consideration of proved confession affecting
person making it and others jointly under trial for same offence,
Answer: Yes, the court may consider the effect of this confession as against A.

40. ‘A’ sues ‘B’ for the money on a bond. The execution of the bond is
admitted. But ‘B’ says that the bond is obtained by fraud, which ‘A’
denies. State on whom does the burden of proof lie?(***see note***)

41. ‘A’ is tried for the murder of ‘B’ by intentionally shooting him dead. The
fact is that ‘A’ on early occasion shot ‘B’. State whether this fact can be
treated as a relevant fact.

Provision: Sec 12 of BSA – Facts showing existence of state of mind or of

body or bodily feeling.

Answer: Yes, in order to show A’s intent, the fact of A’s having previously
shot at B may be proved.

42. A married woman committed suicide within a period of seven years from
the date of her marriage. Her mother-in-law without the knowledge of her
husband subjected her to cruelty. Can there be a presumption as to
abetment of suicide by husband?

Provision: Sec 117 of BSA – Presumption as to abetment of suicide by a

married women-(within a perior of 7 years from the date of marriage)

Answer: (***see note**””)

43. The question between ‘A’ and ‘B’ is whether a certain document is
forged or not. ‘A’ affirms that it is genuine and ‘B’ affirms that it is forged.
Whether ‘A’ can prove a statement by himself that the document is genuine
and by ‘B’ that the document is forged?

44. ‘A’ is accused before the court of session of attempt to commit murder
of a police officer whilst on his trial before ‘B’ a session judge. Whether
‘B’ may be examined as to what occurred?

45. ‘A’ desires a court to give judgment that he is entitled to certain land
in the possession of ‘B’, by reason of facts which he asserts and which ‘B’
denies to be true. Who must prove the existence of facts.

Provision: Sec 104 of BSA,

46. ‘A’ is accused for murder of ‘B’. ‘B’ knew that ‘A’ had murdered
‘C’ previously an ‘B’ tried to extort money from ‘A’ by threatening to
make knowledge to police. Is this fact is relevant?

Provision: Sec 6 of BSA – Motive, preparation and previous and

subsequent conduct.

Answer: Yes, the fact that A murdered C, that B knew that A had
murdered C and that B had tried to exort money from A by threatening
to make his knowledge to police, is relevant.

47. A is tried for having committed a crime Calcutta in a particular day.

He leads in evidence to the fact that on that day he was at Lahore. Is it
relevant?

Provision: Sec 9 of BSA- When facts not otherwise relevant become relevant
Answer: Yes, the fact that, on that day ‘A’ was at Lahore is relevant. The fact
that, near the time when the crime was committed, A was at a distance from the
place where it was committed, which would render it highly improbable, though
not impossible, that he committed it, is relevant.
LL.B QUESTION PAPER

1. “A” desires a court to give judgment that he is entitled to certain land in the
possession of “B”, by reason of facts which he asserted and which “B” denies
to be true. Who must prove the existence of facts?

2. An accused informed Advocate “A”, the he murdered “X” and requested

the Advocate to conduct his case. Later, he changed his case to another
Advocate “A” wants to disclose this communication to the Court. Can he do
so?

3. ‘A’ is tried for the murder of ‘B’ by poison. The fact is that before the death
of ‘B’, A procure similar poison which was administered to B. Is it relevant?

4. The question is whether ‘A’ had committed a crime at Calcutta on certain

date. The fact is that on that day ‘A’ was at Mumbai. State and explain whether
this can be treated as a relevant fact.

5. ‘A’ a client says to ‘B’ an advocate, “I wish to obtain possession of property

by the use of a forged deed on which I request you to issue”. Is this a
privileged communication?

6. In a murder trial, evidence is sought to be given of signs made by the

decreased in answer to questions put to him about the persons who caused
the fatal injuries. Is it admissible?

7. A, who is accused of murder, alleges that by grave and sudden provocation,

he was deprived of the power of self control. On whom does the burden of proof
lie?

8. ‘A’, a minor. Before dying said that ‘B’ stapped him. Whether A’s dying
declaration is admissible?

9. ‘A’ said to his wife that, ‘I kill sundar’. Decide whether such
communication is admissible.

10. ‘A’ a lunatic before dying said that ‘B’ stabbed him. Is A’s
dying declaration admissible?

11. A client sells his property to his advocate and then brings a suit against
him for setting aside the sale on the ground of fraud. On whom the burden of
proof lies? Decide.
12. ‘A’ gives ‘B’ a receipt for money paid by ‘B’. Oral evidence is offered
of the payment. Is the evidence admissible? Decide.

13. ‘A’ a corona patient before death says that he died because of
wrong treatment of doctors. Is A’s statement admissible?

14. ‘X’ was not found 7 years. The court passed a judgment that he died.
Later ‘X’ returned after 8 years. Decide the validity of judgment.

15. ‘A’ orally gifts a property to ‘B’. ‘B’ was in enjoyment for 12 years.
Later ‘A’ sued ‘B’ for cancellation of oral gift. Decide.