2 MARKERS

1. Define Court.
2. On which facts evidence may be given?
3. What is conclusive proof?
4. What is mean by Facts?
5. What is Re-examination?
6. What is Burden of Proof?
7. What is mean by Proved?
8. What is shall presume?
9. Who is Dumb Witness?
10.Who is an Accomplice?
11.Define "Secure Digital Signature"
12.Define "Affidavit"
13.What is "Conclusive Proof"
14.Who is a "Hostile witness"
15.What is meant by "Professional communications"
16.Explain "Fact in issue" and "Fact in Law"
17.What is "refreshing memory"
18.Explain "handwriting expert"
19.Explain "Dumb witness"
20.Who is an "Accomplice"
21.Birth during marriage conclusive proof of legitimacy. Explain?
22.What is 'may presume'?
23.Public document.
24.Who may testify?
25.What is the presumption as to electronic records of five years old as per
law.
26.Character when relevant.
27.What is Res Gestae?
28.Professional communication.
29.What is "Plea of Alibi"? Cite relevant provision.
30.Define 'Information'.
31.Define Court.
32.Evidence may be given of which facts?
33.What are Professional Communications?
34.What are Private documents?
35.How can a witness who is unable to speak give evidence in the court?
36.What is the presumption relating to electronic records which are five
years old?
37.Give any two ways by which credit of a witness may be impeached by the
adverse party.
38.Define 'information'.
39.What is Presumption of fact?
40.What is 'Plea of Alibi'? Cite relevant provision.
41.Birth during marriage conclusive proof of legitimacy. Explain?
42.What is confession?
43.About what facts evidence can be given?
44.What is May Presume?
45.When oral admission as to contents of documents relevant?
46.Can a witness be excused from answers on the ground that answer will
criminate him?
47.Character when relevant
48.What is public Document?
49.Who may testify?
50.What is the presumption as to electronic records five years old as per
section 90-A?

6 MARKERS

1. Refreshing memory
2. Presumptions as to gazette in electronic forms
3. Leading questions
4. Documents
5. Documents 30 years old.
6. Ambiguous document
7. Hearsay evidence
8. Secondary evidence
9. Admission.
10.Presumption of law.
11.Statement and confession.
12.Conclusive proof.
 13.Relevancy of statement made by a person who is dead.
14.Child witness.
15.Admission
16.Confession
17.Judgements when relevant
18.Facts which need not be proved
19.Presumption of law
20.Relevancy of statement made by a person who is dead
21.Leading questions
22.Refreshing Memory
23.Professional Communication
24.Explain the law regarding cross examination of a witness as to previous
statement
25.Presumption as to Gazettes in electronic forms
26.Admissibility of electronic records

SITUATIONAL QUESTIONS

a) A Barrister is instructed by an Attorney of Wakil that an important witness is

a Dacoit.
i) Can the barrister ask the witness whether he is a Dacoit? Give reasons.
ii) Who can ask leading questions and when?
b) Kia, a client says to Shekhar, an Attorney- "I have committed forgery and I
wish you to defend me."
iii) Give reasons.
ⅰ) Can Kia keep it secret or is required to disclose the same to police?
c) Mrs. Rohini was poisoned by her husband. She made a statement i nent
implicating her husband's role in killing her, before a stranger Mr. Rakesh
i) Whether Rohini's statement is a dying declaration? Explain why?
ii) What is the nature of the dying declaration made by Rohini? Is it admissible
in the Court?
d) The advocate for the accused appeared in the case at trial and observed that
one of the witnesses tendered by the prosecutor is a 'dumb' person and the
prosecutor himself was narrating to the court what the dumb witness had seen at
the crime scene
i) Can such a witness testify in the court? Explain citing relevant provision.
ii) Was the prosecutor correct in narrating that the witness had seen? Explain
why?
A) "M" a public servant asked for (demanded) a bribe money from "X". On the
basis of the information given by "X", the anti-corruption bureau laid a trap.
"M" was caught red-handed while accepting the bribe from "X" in the presence
of "Y" and "Z" Panch witnesses. In this
situation "Y" turned hostile and "Z" was not traceable for givingevidence in
court
i) What is evidence value of "Y" hostile witness.
ii) Can "X", "Y" and "Z" be regarded as accomplices.
B) In a rape and murder case, the post-mortem report stated that there was
commission of assault on the "Girl" before her death. But the doctor who
examined her forgot to mention the injury and the word sexual assault or rape in
his report. In this situation
1) Can the statement of doctor who his explained his version in detail and his
reason for omitting the minute details in post-mortem report be relied upon
ii) What is the evidence value of the medical officer and can the accused be
convicted based on this statement
C) A Prisoner was charged with man-slaughter over killing a person by driving
over him. "Mr. X" who was passing by happened to be a chance witness who
saw the vehicle driven by at a very rapid speed, but did not see the accident.
Immediately after, on hearing the victim groan, he went up to him and asked
him what was the matter. The victim before dying made a statement to "X" as to
the cause of the injury and also described the vehicle that knocked him, but
before he could describe the driver he died. In this situation
i) Can the statement made by the victim to "Mr. X" be considered as a dying
declaration?
ii) Can "Mr. X" be considered as a chance witness? Who is a chance witness?
a) X agrees, in writing to sell a horse to Z for 'Rs.1,000 or Rs.1,500".
(i) Can X give evidence to show which price was to be given.
(ii) State provision of law for the same.
(b) A, accused of murder, alleges that, by reason of unsoundness of mind, he did
not know the nature of act.
(i) On whom is the burden of proof?
(ii) Under what provision? If A fails to prove what the consequence is?
(c) M, a client, says to N, an attorney - "I have committed forgery, and I wish
you to defend me".
(i) Can M keep it secret or require to disclose the same to police.
(ii) give reasons
a) The advocate for the accused appeared in the case at trial and observed that
one of the witness tendered by the prosecutor is a 'dumb' person and the
prosecutor himself was narrating to the court what the dumb witness had seen at
the crime scene.
i) Can such a witness testify in the court? Explain citing relevant provision.
ii) Was the prosecutor correct air narrating what the witness had seen? Explain
why?
b) Mrs. Rohini was poisoned by her husband. She made a statement implicating
her husbands role in killing her, before a stranger Mr.Rakesh.
i) Whether Rohini's statement is a dying declaration? Explain why?
ii) What is the nature of the dying declaration made by Rohini? Is it admissible
in the Court?
c) Priya filed a divorce petition against her husband Pramod on the grounds of
cruelty. As as evidence she submits a letter written by her husband in his
handwriting, acknow ng the cruel acts committed by him.
i) What is the nature of statement made by the husband in the letter? Explain.
ii) Whether this can be used as evidence against Pramod by the Court? Explain
why?
a) 'A' is tried for a crime
L The Fact that he said something indicating an intention to commit that
particular crime is relevant. Give reason.
ii. The fact that he said something indicating a general disposition to commit
crimes of that class is relevant. Give reason.
1. A Barrister is instructed by an attorney or Vakii that important witness is a
dacoit. Can the barrister ask the witness he is dacoit? Give reason
ii. A witness of whom nothing whatever is known being questioned to his mode
of life and means of living gives unsatisfactory answers. Whether witness can
be ask he is a dacoit? Give reason
c) 'A' is tried for a riot & is proved to have marched at the head of a mob
1. Whether the cries of the mob are relevant? If yes, under what provision of
law? Give reason
In the instant case if the mob was silent during the march, what difference it will
make on A's Trial?

12 MARKERS

a) Explain what is examination in chief and cross examination. When it is held

and for what purpose?
b) Define Evidence. Explain different types of evidence along with its
evidentiary value.
c) Explain Estoppel and different types of Estoppels 3
d) Describe in detail theory of relevancy.
1) "Evidence may be given of Facts-in-issue" analyze the statement critically.
2) Define "Evidence". What are the different kinds of evidence?
3) Explain "Electronic evidence”
4) explain character when relevant in civil and criminal cases?
a) Explain and distinguish between direct evidence and circumstantial evidence.
b) What is dying declaration and what is its evidentiary value?
c) Define 'Evidence? What are different types of evidence?
d) Explain in detail "Burden of proof".
e) Explain the theory of relevancy in detail.
f) Explain Estoppel and different types of Estoppel.
a) What is burden of proof? Explain the law relating to burden of proof.
b) Define 'estoppel'. Explain the law relating to estoppels under the Indian
Evidence Act, 1872.
c) Who is an expert? When does the opinion of a third person becomes relevant?
d) 'Oral evidence must be direct'. Explain this statement. Establish the relevancy
of a hersay evidence under the Act.
e) What are documentary evidence? Examine the law relating to admissibility of
electronic record in the court of law.
f) Who is a witness? Analyse the law relating to examination of witnesses.
a) Explain what is examination in chief, Cross examination and re-examination?
When it is held and for what purpose?
b) Describe in detail theory of relevancy.
c) Explain in detail with provision when the confession is relevant and when it
is irrelevant.
d) Explain in detail the provision of section 32 of Indian Evidence Act regarding
statement of a person who is dead or cannot be found etc.
e) Define evidence. Explain different types of evidence. Explain their evidential
value.
f) Explain in detail motive, preparation & previous or subsequent conduct when
relevant.