Legal Bites brings to you Law of Evidence Mains Questions Series Part-III. The questions enlisted here are arranged section-wise and will aid the students preparing for Judiciary, APO or University Exams. The list of questions curated by Legal Bites will help candidates identify the important and frequently asked questions and give them a good practise for their aptitude and knowledge.
Law of Evidence Mains Questions Series Part-III
We know answer writing is a continuous exercise that is an inalienable part of the preparation process for any Examination. A well-written answer not only reflects the knowledge of an aspirant but also his/her ability to tailor the content in a manner suited to meet the expectations of the question.
Rigorous preparation for this exam is mandatory in order to crack it. In the last few months prior to the exams, it is sufficient for candidates to simply keep practising these questions in order to gain mastery over the subjects studied. Not only the candidate’s confidence level but also their scores will show good improvement upon following it.
Law of Evidence Mains Questions Series Part-III of X
State whether and why the evidence sought to be adduced in the circumstances given below is relevant or not? [U.P.C.J. 1992, 2000, U.P.H.J.S. 2014]
X is charged with shooting at Y with intent to kill him. The prosecution wants to lead evidence to show that X had previously shot at Y. [U.P.A.P.O., 1996, HR.J.S. 1995]
A is facing trial for the murder of B by intentionally shooting him dead. Is the fact that A on other occasions shot at B relevant? [U.P.C.J. 1992, 2000, 2003, U.P.H.J.S. 2014]
At the trial of A for the murder of her husband B by administering arsenic to him, the evidence is offered to show that A is in the habit of poisoning people. Discuss fully whether the evidence offered is admissible. [HR.J.S. 1998]
A is accused of defaming B by publishing a statement. Is the fact, that on a previous occasion also A defamed B by publishing a defamatory statement relevant? [U.P.J. 2012, U.P.J. 2015, U.P. 1996]
A is accused of defaming B by publishing a statement. Whether the fact of previous publication of a similar statement by A against C is relevant? [U.P.A.P.O. 1982 and 1988]
At the trial of A for the murder of her husband, B by administering arsenic to him, the evidence is offered to show that;
- A is in habit of poisoning people.
- A had in similar circumstances administered arsenic of two of her children.
- B had, three days before his death, written a letter to a friend complaining of his failing health.
Discuss fully whether the evidence offered is admissible in any of these cases. [HR.J.S. 1998]
State when facts bearing on the question of whether the act was accidental or intentional are relevant in evidence. Give examples to illustrate your answer.
What do you mean by an admission? What are its kinds? When it is admissible in evidence? Who can make an admission? [U.P.C.J. 1984, 1986, 1992, 2016, M.P.C.J. 2009, 2011, Bihar J. 1987]
A makes a statement to B that the ornaments stolen from the house of C were recovered from his house. Does the statement made by A to B amount to confession?
“Admissions cannot be proved by or on behalf of the person who makes them.” Are there any exceptions to this rule? Discuss the above statement along with its exceptions. [U.P.C.J. 1991]
Discuss the admissibility and appraisal of electronic evidence. [U.P.C.J 2005]
Is oral evidence admitted to explain the contents of a document and the electronic record are relevant? It so, under what circumstances?
What do you mean by confession? What are its kinds? When is a confession made by an accused inadmissible in evidence? Discuss. [U.P.C.J. 1986, BIHAR J 1991]
Under what circumstances, a statement made by an accused before a police officer can be used in evidence? An accused, while in police custody, gives information to the Investigating Officer that he purchased the murder weapon from a particular dealer, and then takes the Investigating Officer and the witnesses to the place of the dealer and points him out.
Whether the information was given by the accused and the evidence of the Investigating Officer and witnesses are admissible? Answer referring to relevant provisions of the Evidence Act. [U.P.C.J. 1985, 1991, Bihar C.J. 1991, 2000, U.P.H.J.S 2012]
How much of information received from an accused can he prove in a trial against him?
Ram, an accused of an offense of murder stated before a police officer that, the knife which I have killed Sohan has been hidden by me in the field, which I can recover”. On this information, the police officer discovers the said knife from the field, on which human blood is detected. Is the whole statement given by the accused admissible in evidence? If not, what part or parts are admissible in evidence? Give the reasons clearly. [U.P.H.J.S. 2009]
On a dark night, a murder was committed in Delhi. Nobody is named as the murderer. The Sub-inspector of police went to the locality to investigate. While he was investigating, one Abhay came to him and said that he committed murder. After that Abhay was arrested and became accused in the case and was tried for the offense of murder. Discuss the validity of the aforesaid confessional statement of Abhay.
A commits the murder of B. Two police officers are eye-witnesses of this occurrence. There is no witness except these two police officers. Can the court convict the offender A on the basis of the testimony of only a police witness? Give reasons and also refer to case law, if any, on the point.
Can a retracted extra-judicial confession be made the basis of conviction? If the answer is in the affirmative under what circumstances? Delhi H.J.S. 2001. [U.P.C.J. 1985, 1986, 2000, Bihar C.J. 1979 R.J.S. 1989 2000]
“Silence may sometimes amount to admission.” Explain and Illustrate. [U.P.C.J. 1985 HR.J.S. 2000]
A confession is induced by the following expression, “Do not run your soul into more sin but tell the truth”. Is this confession relevant? [U.P.A.P.O. 1997]
A confession is induced by the following expression -“Have you my rings? Be a good girl and tell the truth”. Is the confession relevant?
The accused was admitted to a hospital for treatment. He made a confession of guilt to the medical officer. The doctor told him that it would be better if he tells the truth as to how he received the wounds/ injuries. Explain whether the confession made to the medical officer is admissible in evidence or not. [U.P.H.J.S. 1995 and 1998]