QUESTION BANK INDIAN EVIDENCE ACT

Unit I
Q1. Write in detail the history of law of evidence in India?
Q2. Define law of Evidence and state the function of the law of Evidence in
Judicial Inquiries.
Q3. What are the principles and cardinal rules of Law of Evidence?
Q4. Law of Evidence is the Lex Fori which governs the court, critically analyze.
Q5. State a synopsis and scheme of the Indian Evidence Act.
Q6. The rules of Evidence are in general same in civil and criminal proceedings,
comment.
Q7. The Indian Evidence act is not a complete code in itself, comment briefly.
Q8. Define Evidence and distinguish between oral and written Evidence.
Q9. Explain various types of evidence giving Illustrations.
Q10. Explain the provision related to Exclusion of oral evidence by
documentary evidence.
Q11. Define “presumption”, what do you mean by May Presume, shall presume
and conclusive proof?
Q12. What are the provisions related to Admission?
Q13. Define the term “Admission”, who are the persons by whom admissions
can be made distinguished between admission and estoppels?
Q14. Can admissions be proved by or on behalf of the persons making them?
If so, is the rule subject to any exceptions?
Q15. Are admissions made by strangers admissible? If not, are there any
exception to this rule?

Unit II

Q1. Define “ confession”. Under what circumstances the confession is

admissible or inadmissible?
Q2. Differentiate between admission and confession.
Q3. State the provisions of Law relating to confessions under Indian Evidence
Act.
Q4. Every confession is necessarily a admission but not vice-versa, Discuss.
Q5. What is the difference between Judicial and Extra Judicial confession?
Explain the evidentiary values.
Q6. What do you mean by the term “ Dying declaration”.
Q7. state the cases in which statement of relevant fact by a person who is
dead or cannot be found is relevant.
Q8. What are the essential conditions for Dying Declaration.
Q9. In reference to dying declaration, there is a difference between Indian
and English law differs. Explain.
Q10. State briefly the facts and principles in the Pakala Narayan Swami v.
Emperor.
Q11. Now a days dying declaration has lost its creditability and authenticity,
discuss.
Q12. What are the provisions relating to Expert’s opinion?
Q13. What do you understand by books of accounts u/s 34 of Indian Evidence
Act.
Q14. Are entries in books of account are sufficient alone to charge a person
with liability?
Q15. Who is an expert? What is the meaning of expert and value of Expert
evidence.

SHORT NOTES

1. Evidentiary value of confession made by an accused in police custody.

2. Evidentiary value of retracted confession.
3. Explain the relevancy of confession in criminal trial.
4. Circumstances when confession of a co-accused may be proved
against an accused.
5. Can an accused person be convicted on the basis of dying
declaration?
6. In what case and subject to what conditions are dying declarations
admissible in evidence?
7. ‘A’ a woman, whose throat had been cut by some edged weapon,
indicated by gesture before her death that ‘B’ was the person who had
cut her throat. Is this statement by ‘A’ made by gesture admissible as
evidence against ‘B’?
8. Discuss the relevancy and evidentiary value of a dying declaration ?
9. If a person making dying declaration happens to live, can the
declaration be admitted in evidence? if So, what will be value of such
statement in law?

Unit III

Q1. When are opinions of third person relevant according to Indian Evidence
Act?
 Q2. Define character evidence, how far it is admissible in civil and criminal
cases?
Q3. Differentiate between Oral and Documentary evidence regarding its
validity.
Q4. What is public document and private document? Is the certified copy of
public
documents admissible?
Q5. Explain the laws relating to presumptions as to documents 30yrs old.

2. Q6. When are the opinions of experts relevant? What is their evidentiary value?

Write a short Note on

1. ” Expert Witness”.
2. Relevancy of DNA test evidence in India
3. When the opinion as to electronic signature is relevant?
4. Genuineness of a signature on a document was in dispute. Parties
produced evidence on the point but did not examine handwriting
expert. The trial Judge himself compared the disputed signature with
admitted signature of the alleged executant. He held flat the disputed
signature was forgery. In appeal this finding was assailed. Decide giving
reasons.
5. How writing on a document or execution of document can be proved
in court?
6. A contracts in writing with B for delivery of wheat upon certain terms. The
contract mention the facts that B had paid A the price of other wheat
contracted for verbally on another occasion . Oral evidence is offered
that no payment was made for the other wheat . Is the evidence
admissible?

UNIT IV
Q1. What is “Burden of Proof”? on whom the burden of proof lies in suit of
proceedings?
Q2. Explain the principle of Estoppels? Explain the difference between Estoppel
and Res judicata?
Q3. “Here-say evidence is no evidence”. Explain.
Q4. Explain and illustrate the rule of estoppels as enacted in Indian evidence
act.
Q5 discuss the different kinds of estoppels?
SHORT NOTES
1. A is charged with travelling on a Railway without ticket. He denies this on
whom does the burden lie?
2. In a criminal trial the burden of proof is always on the prosecution. Has
this rule any exception?
3. What is meant by “Res Ipsa Loquitur”.
4. When the question is whether a man is alive or dead and it is shown that
he was alive within thirty years. On whom the burden lies of proving that
the man is dead?
5. Write brief explanatory note on waiver.
6. Distinguish between Estoppel and waiver?
7. What is promissory estoppel?
8. State different kind of estoppel?
Unit V
Q1. Explain the provisions regarding testimony of husband and wife as
witnesses.
Q2. What do you mean by Privileged communication? Explain the provisions.
Q3. Who is and accomplice? What is his position and value of his statement?
Q4. Discuss “a conviction is not illegal merely because it proceeds on the
Uncorroborated testimony of an accomplice”.
Q5. What do you mean by judicial notice? Explain provisions.
Q6. What are the presumptions regarding the Dowry death?
Q7. Mention the provisions regarding the Hostile witness.
Q8. Explain the terms “Proved”, Disproved and Not proved.
Q9. Explain the provisions regarding the Exclusion of oral evidence by written
evidence.
Q10. State what facts need not to be proved by the parties to the legal
proceedings.