LAW OF EVIDENCE QUESTION BANK

UNIT – 1
1. Explain the relevancy of facts showing the existence of state mind or state of body. – D
15
2. Explain the doctrine of ‘Res-gestae’ with the help of decided cases. – D 16, D 20, J 19
3. Explain the relevancy of introductory and explanatory facts. – D 19
4. Define Admissions. State the persons whose admissions are relevant. – D 19, D 17, J 15
5. Discuss the relevancy of facts relating to motive, preparation and conduct. – J 17, J 18, J
16
6. Explain the relevancy of the facts forming the part of same transaction. – D 17, J 15
7. Define Admissions. Distinguish it from confessions. – D 20
8. What is evidence? State different kinds of evidence. – D 18, J 19
9. Define Evidence. Distinguish between relevancy and Admissibility of Evidence. – D 19
10. Define Evidence. "The rules of evidence in general are same in civil and criminal cases".
Elucidate. – J 15

UNIT – 2
1. Bring out the differences between admission and confession. – D 15
2. Define ‘confession’. Explain the law relating to relevancy and admissibility of
confessions. – D 16, D 18
3. Examine the circumstances under which the opinion of third persons becomes relevant.
– D 16
4. ‘‘No confession made to a police officer shall be proved as against a person accused of
any offence’’ – Comment. What are the exceptions recognised under the Indian
Evidence Act? – J 17
5. Who is an ‘Expert’? When does his opinion become relevant? State the circumstances in
which Expert opinion becomes relevant. – J 17, D 20, J 19
6. What is confession? Discuss the evidentiary value of confession of co-accused. – J 18
7. Explain the conditions of relevancy of dying declarations. – J 18
8. What is dying declaration? What are the conditions for its admissibility as evidence? – D
15, D 17, J 19
9. Explain the circumstances in which judgment of the courts become relevant. – J 15
UNIT – 3
1. Explain the relevancy of character evidence under the India Evidence Act. – D 15
2. What is primary evidence? Discuss its scope and importance. – D 15
3. “Documents must be proved by primary evidence”. Explain and state the exceptions. -
D 16
4. Discuss the provisions relating to 'Character Evidence". – J 16
5. Explain the circumstances in which secondary evidence relating to documents may be
given. – J 16, D 18, D 20, J 15
6. Explain the relevancy of character evidence in civil and criminal cases. – D 18, J 18
7. "Oral evidence in all the cases whatever be direct”. Explain the statement with
exceptions. – D 19, D 17
8. Discuss the law relating to Proof of Public Documents. – J 17, J 19

UNIT – 4
1. Define burden of proof. On whom does it lie? Explain. – D 15, D 18, D 19, D 20
2. Explain the doctrine of ‘Estoppel’ and mention different kinds of estoppel. – D 16, D 18,
J 17, D 17, J 19
3. Discuss the provisions of lndian Evidence Act relating to "Burden of Proof". – J 16
4. What is Estoppel? Discuss the relevancy of Estoppel. – J 16
5. Explain the presumptions in rape and dowry death cases. – D 19, J 15
6. Explain "may presume", "shall presume" and "conclusive proof". – J 16

UNIT – 5
1. Explain the circumstances under which a person who calls a witness is entitled to put
any questions to him which might be put in cross-examination. – D 15
2. What are the Privileged Communications? Discuss the law relating to Professional
Communication. – D 16
3. Discuss the scope of cross-examination and explain the questions lawful in cross-
examination. – J 16, D 16
4. Explain examination in chief, cross examination and re-examination. Under what
circumstances a party can cross examine his own witnesses? – D 18, J 15
5. Explain the scope and extent of privilege conferred on Professional communications as
envisaged in the Indian Evidence Act. – J 17
6. What are leading questions? When can they be asked? – J 17, D 17, D 19
7. Explain the different kinds of privileged communication. – D 20
8. Explain the protection given to the following communications under lndian Evidence
Act: - J 19
 (a) Communications between Husband and Wife
(b) Communications between a client and his advocate.

PROBLEM QUESTIONS
1. ‘A’ is charged with theft of articles, the police recovered the articles. On inquiry ‘A’
confessed the articles are stolen by him. Explain the relevancy of this statement. – D 15,
D 18, J 12
2. The accused charged with rape seeks to produce a fact which indicates the loose
character of the complainant. Is it admissible? – D 15, D 16
3. ‘A’ produces his horoscope in evidence for proof of age, which he obtained from his
mother and was used for his marriage. Is it admissible? – D 15
4. ‘A’ sues ‘B’ for Rs. 10,000 and shows entries in his account books showing ‘B’ to be
indebted to him to this amount. Are the entries relevant? Decide. – D 16
5. A person is charged with ticketless travelling in a train. In this case on whom does the
burden of proof lie? – D 16, J 13, D 17
6. ‘A’ is charged with shooting at ‘B’ with intent to kill him. Prosecution has proved a fact
that A had previously shot at B. Is it relevant? – D 12
7. ‘A’ is accused of receiving stolen goods knowing them to be stolen. He wants to prove
that he refused to sell them below market value. Can he do so? – D 12
8. ‘A’ has obtained a decree for the possession of land against ‘B’. B’s son, ‘C’ has
murdered A in consequence. Is the existence of decree relevant? – D 12
9. ‘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 this statement against ‘B’ – D 12
10. ‘A’ wants to prove a will. But both the attesting witnesses to that will are dead. Advise
him. – D 12
11. ‘A’ wants to prove a document which is destroyed by fire. Can he produce a photo copy
of that document to prove it? – D 12
12. 'A' is tried for the murder of 'B' by poison. Before the death of 'B', 'A' procured poison
similar to that which was administered to 'B'. Explain the relevancy of facts. – J 16, D 19,
J 12
13. 'A' is accused of murder of 'C'. During trial 'A' confesses, “I and 'B' murdered 'C' ”. Can
this confession be considered against 'B'? – J 16, D 19, J 17, D 13
14. 'A' is accused of an offence. During police custody he revealed about the place where he
placed the weapons used for the offence. Weapons were discovered from that place by
the police. What is the evidentiary value of his statement to police? – J 16, J 14
15. X is accused of a crime. It is shown that soon after the crime, he is absconding from his
place. Is this fact relevant? – D 18, D 17
16. 'A' a married woman has committed suicide after leaving a note that her husband and
his relatives subjected her to cruelty. Parents of 'A' have also deposed that 'A' was
subjected to cruelty at her husband's house. Decide the relevancy of suicide note. – D
18
17. 'A' a client says to 'B' an attorney, "l have committed murder of 'C' and I wish you to
defend me". Is this communication protected from disclosure? – D 19, J 12
18. The question in a proceeding is whether ‘X’ and ‘Y’ were married. The Party intends to
present the fact that ‘X’ and ‘Y’ were usually received and treated by their friends as
husband and wife. Is such a fact relevant? Explain. – J 17
19. ‘A’ is accused of murdering ‘B’. ‘C’ is a friend of ‘A’, while sitting in a lonely place ‘C’
asked ‘A’ whether he has killed ‘B’. ‘A’ hesitated to answer. ‘C’ said ‘‘I swear by God that
I will not tell it to anybody if you tell me the truth’’. ‘A’ confessed to his friend ‘C’.
Explain the relevancy of this statement. – J 17
20. 'A' wants to adduce oral evidence to prove the genuineness of a document. Can he do
so? – J 14
21. A is accused of a crime. Prosecution has shown that he absconded from his house
immediately after the incident. Can 'A' prove that he had an urgent work at that time? –
J 14
22. ‘H’ is accused of causing dowry death of his wife ‘W’. There are letters from deceased W
to her parents about dowry harassment from H. Are these letters relevant? – J 14
23. A wants to prove a registered Will. He contends that he need not call any attesting
witness for the purpose of proving will as the will is registered. Decide. – J 14
24. 'X' has drawn a bill on 'Y' for Rs. 10,000 payable to 'Z'. Y' is denying the authority of 'X' to
draw the said bill. Decide. – J 18
25. 'A' is accused of beating 'B' with a club. It is shown that the by standers has advised 'A'
not to beat 'B'. Is this fact relevant? – J 18
26. The question is whether 'A' robbed 'B'. Does the fact that shortly before robbery 'B'
went to a fair with money in his possession and showed it to third persons become
relevant? – N 20, D 13, J 15, J 19
27. 'A' agrees in writing to sell his horse to 'B' for Rs. 1,000 or Rs. 1,500. Can evidence be
given to show which price was to be given? – N 20, J 15
28. 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. Does the statement by 'C' become admissible in evidence? – N 20, J
12
29. The question is whether ‘A’ was the legitimate son of ‘B’? Is the fact ‘A’ was always
treated as such by the members of the family relevant? – J 12, D 13, D 17, J 19
30. ‘A’ has declared the value of goods as Rs. 500/- at the time of consignment. On loss of
goods, he is claiming the value of goods much more than Rs. 500/-. Can he be allowed to
take this stand? – J 12
31. ‘A’ is accused of B’s murder by beating him. At the time of incident there was an
exchange of words between A and B. Is this fact relevant? – D 13
32. A sues B for money due on a bond. B has admitted the execution of bond but contends
that it was obtained by fraud. A denies it. On whom does the burden of proof lies? – D
13, J 19
33. A has drawn a bill of exchange upon B. On its presentation, B denies that the bill was
actually drawn by A. Is B stopped from saying so? – D 13
34. ‘A’ a client says to ‘B’ an Advocate, “I have committed forgery and I wish you to defend
me.” Is this communication protected from disclosure? – D 13
35. A prosecution witness turned hostile during examination-in-chief. The public prosecutor
wants to cross examine him, can he do so? – D 13
36. A Medical Officer during deposition failed to point out the difference between narcotic
drug and psychotropic substances. Is his opinion admissible in evidence? – D 14
37. A 5 year old girl appears as a witness and states that the accused, her step mother, had
thrown her and her younger sister in to a well. Is she competent to testify? – D 14
38. A landlord had let out the outhouse for residential purpose. But he tolerated non-
residential use of the house by the tenant for seven years. Is the landlord estopped from
seeking eviction on that ground? – D 14
39. The question is whether ‘A’ committed a crime at Calcutta on certain day. The fact that,
on that day, ‘A’ was at Lahore. Is this fact relevant? – J 13
40. The question is whether a given road is a public way or not. Does the statement by ‘A’ a
deceased headman of the village that “The road was public”. Is this statement relevant?
– J 13
41. ‘A’ was called to police station for interrogation. During interrogation ‘A’ complained of
severe stomach pain. He was taken to hospital in a police van, while in hospital, he
confessed to a doctor that the committed robbery. Is the confession admissible? – J 13
42. ‘A’ agrees in writing to pay ‘B’ of Rs. 10,000/- on 1-3-2012. The fact that, at the same
time, an oral agreement was made that the money should not be paid till 31-3-2012.
Can this fact be proved? – J 13
43. An accused is alleged to have committed the murder of his wife in the presence of his 8
years old son, whether the evidence of child admissible? – J 13
44. 'A' a client says to 'B' an Attorney, "l wish to murder 'C' on which I request you to defend
me. Is this communication protected from disclosure? – J 15