.webp "Bhartiya Sakshya Adhiniyam, 2023 (BSA)") |
| Bhartiya Sakshya Adhiniyam, 2023 (BSA) |
PAPER – 35
The course shall comprise of the following :
(1) Fact In-Issue; Relevant Facts; Document
(2) Evidence : Proved; Disproved; Not proved;
(3) May Presume, Shall Presume, and Conclusive Proof
(4) Circumstantial Evidence
(5) Relevancy and Admissibility; Res Gestae
(6) Admission ; Confession
(7) Dying Declaration
(8) Relevancy of Judgments
(9) Opinion of Experts; Opinion of Third Persons
(10) Conduct and Character of Parties
(11) Judicial Notice
(12) Estoppel
(13) Means of Proof : Oral Evidence; Documents - Public Document, Private Document,
Primary and Secondary Evidence; Exclusion of Oral by Documentary Evidence
(14) Burden of Proof
(15) Witnesses : Competency and Compellability of Witnesses; Examination of
Witnesses; Privileges : State Privilege and Private Privilege
Lal Batuk, Law of Evidence.
Ratanal & Dhiraj Lal, The Law of Evidence.
Sarathi Vepa P, Law of Evidence.
Sarkar M.C. & Sarkar S.C., Law of Evidence in India.
Sarkar S. & Ejaz Ahmed, Law of Evidence.
Singh Avatar (Dr.), Law of Evidence.
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YEAR: DECEMBER 2016
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SECTION A (Very Short Answer Questions)
1. Define 'Relevant and fact in issue'.
2. Who is a Hostile Witness?
3. What is irrefutable Presumptions?
4. What is impeaching credit of witness?
5. Who is an expert?
SECTION B (Short Answer Questions)
6. When is the character of a person relevant in case?
7. Whether a child is a competent witness?
8. What is Hearsay Evidence? When is it relevant?
SECTION C (Detailed Answer Questions)
9. Discuss briefly the important rules regarding relevancy of facts as laid down in the Indian Evidence Act.
10. Discuss the essentials of a valid 'dying declaration' can a dying declaration form the sole basis of a conviction?
11. Discuss with illustration the law regarding 'estoppel' as laid down in the Indian Evidence Act.
12. What do you mean by burden of proof and on whom does the burden of proof lie in civil and criminal cases?
13. Explain 'Examination in Chief', cross examination and re-examination. In what circumstances a party can cross examine his own witness?
OR
Define 'may presume', 'shall presume' and 'conclusive proof'.
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YEAR: DECEMBER 2017
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SECTION A (Very Short Answer Questions)
1. What is hearsay evidence?
2. Differentiate between direct and circumstantial evidence.
3. What is meant by 'Expert Opinion'?
4. Who is Hostile witness?
5. Define 'document' as under Indian Evidence Act.
SECTION B (Short Answer Questions)
6. Discuss rules regarding 'burden of proof'.
7. Who is a competent witness? Can an accomplice be regarded as competent witness against the accused?
8. What questions are lawful in cross examination? Who can cross-examine?
SECTION C (Detailed Answer Questions)
9. Discuss with illustrations the law regarding 'estoppel' as laid down in the Indian Evidence Act.
10. Define an admission and distinguish it with confession. Can an admission be proved by a person who makes it?
11. Discuss the important rules regarding 'relevancy of facts' as laid down in the Indian Evidence Act.
12. Discuss the essentials of a valid 'dying declaration'. Can a dying declaration form the sole basis of a conviction?
13. When does evidence of character become relevant in civil and criminal cases? Whether evidence of previous bad character would be relevant in civil cases?
OR
Differentiate between primary and secondary evidence. Discuss the circumstances under which secondary evidence relating to documents may be given.
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YEAR: DECEMBER 2018
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SECTION A (Very Short Answer Questions)
1. Who is a Hostile Witness?
2. Differentiate between 'fact in issue' and 'relevant fact'.
3. What is impeaching credit of witness?
4. Define 'document' as under Indian Evidence Act.
5. Whether a child is a competent witness?
SECTION B (Short Answer Questions)
6. What are the rules regarding 'leading questions' under the Indian Evidence Act?
7. Discuss the rules regarding 'burden of proof'.
8. What are privileged communications? State the circumstances under which the Privilege can be claimed.
SECTION C (Detailed Answer Questions)
9. What is confession? What is the difference between Admission and Confession? Explain the provision regarding confession of co-accused.
10. Discuss the essentials of a valid 'dying declaration'. Can a dying declaration form the sole basis of a conviction?
11. What is meant by 'Expert Opinion'? Under what circumstances are the opinions of experts relevant?
12. Discuss with illustrations the law regarding 'estoppel' as laid down in the Indian Evidence Act.
13. Do you agree that oral evidence must be direct? Examine with suitable illustrations and permissible exceptions, if any.
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YEAR: DECEMBER 2019
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SECTION A (Very Short Answer Questions)
1. What is meant by 'Expert Opinion'?
2. What is hearsay evidence?
3. Define 'proved', 'disproved' and 'not proved'.
4. What questions can be asked in cross-examination?
5. What is secondary evidence?
SECTION B (Short Answer Questions)
6. Who is a competent witness to testify? Whether a dumb person can be considered a competent witness?
7. When does the evidence of character become relevant in civil and criminal cases?
8. Discuss with illustrations the law regarding 'estoppel' as laid down in the Indian Evidence Act.
SECTION C (Detailed Answer Questions)
9. Discuss the important rules regarding 'relevancy of facts' as laid down in the Indian Evidence Act.
10. What do you mean by burden of proof? On whom does the burden of proof lie in civil and criminal cases?
11. What is confession? What is the difference between admission and confession? Explain the provision regarding confession of co-accused.
12. Define 'dying declaration'. What is the test laid down by the judiciary for the reliability of a dying declaration? Can the accused persons be convicted on the basis of uncorroborated dying declaration alone? Discuss with the relevant case laws.
13. What are privileged communications? State the circumstances under which the privilege can be claimed.
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YEAR: DECEMBER 2020
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SECTION A (Very Short Answer Questions)
1. Define 'document' as under Indian Evidence Act.
2. Define 'Relevant Fact' and 'Fact in Issue'.
3. Can a dumb person be a competent witness?
4. When is the character of a person relevant in a case?
5. Who is a hostile witness?
SECTION B (Short Answer Questions)
6. Oral evidence in all cases must be direct. Explain this rule with illustrations and exceptions.
7. Discuss rules regarding 'burden of proof'.
8. What are the rules regarding 'leading questions' under the Indian Evidence Act?
SECTION C (Detailed Answer Questions)
9. Discuss with illustrations the law regarding 'estoppel' as laid down in the Indian Evidence Act.
10. Explain 'examination in chief', 'cross-examination' and 're-examination'. In what circumstances can a party cross-examine his own witness?
11. What is a 'dying declaration'? Discuss the essentials of a valid dying declaration. Can a dying declaration form the sole basis of a conviction?
12. Distinguish between 'Admission' and 'Confession'. Discuss the essentials of a valid confession. Can the court convict an accused solely on the basis of his confession?
13. What is meant by 'Expert Opinion'? Under what circumstances are the opinions of experts relevant?
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YEAR: DECEMBER 2021
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SECTION A (Very Short Answer Questions)
1. Oral Evidence.
2. Dying Declaration.
3. Fact in issue.
4. Conclusive proof.
5. Relevant fact.
SECTION B (Short Answer Questions)
6. Explain 'Secondary Evidence'. Discuss the circumstances in which it is admissible.
7. How is the disputed handwriting of a person proved? Examine admissibility of the evidence of a handwriting expert.
8. Who is an accomplice? Under what circumstances can a conviction be based on the testimony of an accomplice?
SECTION C (Detailed Answer Questions)
9. 'Hearsay Evidence' is no evidence. Explain and state the exceptions.
10. Discuss fully the evidentiary value of retracted confession. Illustrate your answer.
11. Are facts which are the occasions, cause, or effect of facts in issue relevant? What facts are relevant when right or custom is in question? Illustrate your answer.
12. Discuss in detail the provisions of the Evidence Act related to privileged communication.
13. Who may testify? Is a judge or magistrate a competent witness? Illustrate your answer.
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YEAR: DECEMBER 2022
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SECTION A (Very Short Answer Questions)
1. What is fact?
2. Proved.
3. Estoppel.
4. Hearsay Evidence.
5. Relevant fact.
SECTION B (Short Answer Questions)
6. Distinguish between direct and circumstantial evidence. Can a person be convicted on circumstantial evidence alone?
7. Distinguish between relevancy and admissibility of evidence.
8. Distinguish between judicial and extra-judicial confession.
SECTION C (Detailed Answer Questions)
9. Who may testify? Is a judge or magistrate a competent witness? Illustrate your answer.
10. Distinguish between Primary and Secondary evidence. Discuss the circumstances in which secondary evidence is admissible.
11. What is fact in issue? When are facts, not otherwise relevant, relevant? Illustrate.
12. "The court may presume that an accomplice is unworthy of credit unless he is corroborated in material particulars." Explain.
13. What is admission? When is it relevant to be proved? Illustrate your answer.
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YEAR: DECEMBER 2023
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SECTION A (Very Short Answer Questions)
1. Relevant Fact.
2. Hostile Witness.
3. Secondary Evidence.
4. Fact in Issue.
5. Conclusive Proof.
SECTION B (Short Answer Questions)
6. Oral evidence in all cases must be direct. Explain this with exceptions.
7. What are the rules regarding 'leading questions' under the Indian Evidence Act?
8. Distinguish between judicial and extra-judicial confession.
SECTION C (Detailed Answer Questions)
9. What is meant by Expert opinion? Under what circumstances are the opinions of experts relevant?
10. What do you mean by 'burden of proof'? On whom does the burden of proof lie in civil and criminal cases?
11. Who is an accomplice? Under what circumstances can a conviction be based on the testimony of an accomplice?
12. What is a dying declaration? Discuss the essentials of a dying declaration.
13. Discuss the law relating to Estoppel as laid down under the Indian Evidence Act.
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