Law of Evidence Mains Questions Series Part-IV: Important Questions for Judiciary, APO & University Exams | Part – IV of X

By | October 17, 2020
Law of Evidence Mains Questions Series

Legal Bites brings to you Law of Evidence Mains Questions Series Part-IV. 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-IV

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-IV of X

Question 1

Although a confession made to a police officer cannot be proved yet some information received from the accused in the confession can be proved. Discuss. [U.P.C.J. 1985, 1997, BIHAR J. 1997, 2000]

Question 2

A, an accused voluntarily makes a statement to a police officer that he committed the murder of B. Is the statement of A made voluntarily admissible?

Question 3

A, an accused write a letter (in his own handwriting accompanied by his signature) addressing a police officer that he murdered his wife. The letter was found near the dead body of his wife.

Is the confession made by A in the letter admissible in evidence against him?

Question 4

Whether the F.I.R. given to the in-charge of the police station by the accused himself of the commission of a cognizable offence can be admissible evidence against himself. [HR.J.S. 2000]

Question 5

Discuss the admissibility of the following confessions:

  1. The traveling auditor of a railway corn NUR’ having discovered defalcations in the account of hooking clerk of the company, told him, “It would be better for you to tell the truth and refund the money”, after which the booking clerk was brought before the traffic-manager in whose presence he confessed to having made defalcation and signed a receipt in token of his liability for return of the amount misappropriated.
  2. While the accused was in the lockup in a pending trial, he was sent to the hospital for treatment. He was taken from the lock-up to the dispensary by two policemen, who waited outside in the verandah of the hospital during his examination by the doctor. During the course of the medical examination, the accused made a confession to a fellow patient within the hearing of the doctor.

Question 6

A, an accused makes a confession to a police constable B. Is the confession made by A to B, relevant?

Question 7

A makes a confession to the Director General of Police (D.G.P.), the highest police officer of a state. Is the confession made by A relevant?

Question 8

A makes a confession to a police officer, while he is in judicial custody (not in police custody). Is the confession relevant?

Question 9

A is prosecuted for the murder of B. Prosecution produces many witnesses but all of them became hostile except the police witness. Can the court convict A only on the basis of evidence of persons belonging to the police force while the other witnesses are gained over hostile? Give reasons and also refer to the case law, if any, on the point.

Question 10

A, an accused makes a confession to the jailor, while the accused is in judicial custody of the jailor. Is the confession admissible in evidence?

Question 11

A makes a statement to a police officer that he has killed B in self-defense. However, he was prosecuted under Section 302 of 1.1).C’. The court also conducted the trial to consider the evidence whether his case comes within the ambit of self-defense (Right of private defense) or not. During the trial, A wants to prove this statement in his favor. Is the statement made by A police officer relevant in his favor?

Question 12

The accused, while he was in police lock-up at the police station, confessed to another accused in private to have committed the crime. Is this confession relevant? [U.P.A.P.O. 1994]

Question 13

A, an accused, while in police custody, makes a statement to the doctor that injury in his person (body) was caused by the murdered person. Is the statement made by A to doctor relevant? Give reasons in support of your answer.

Question 14

A was accused of the murder of her newly born son. She was sent in the custody of a police constable to a doctor for examination. When being examined, she made a confession to the doctor. At that time police constable was standing outside the room in which A was being examined by the doctor. Is the confession admissible in evidence against A? [U.P.A.P.O. 1997]

Question 15

An accused, arrested during the investigation of a murder case made a statement to the police that he had buried the ear-rings of the deceased under the tree at a particular place. The ear-rings were recovered from the said place at his instance. Is the statement of the accused admissible in evidence? [H.P.H.J.S. 2003, D.J.S. Exam., 1984]

Law of Evidence; Notes, Case Laws And Study Material

Question 16

A, an accused after production of an axe from a place said that it was the weapon with which the deceased was killed. Is the aforesaid statement made by the accused to a police officer, while the accused in police custody, relevant under Section 27 as the discovery of a fact at the instance of the accused?

Question 17

The accused, while in police custody, told the police that the ear tops and bangles which the deceased was wearing was taken-off from her body by him and is kept in his house. The same was actually recovered from his house through his help. Discuss as to which part of the statement is admissible in evidence. [Bihar J.S. 1978]

Question 18

A is tried for the murder of B. The evidence is offered to show that A made the statement to a police officer while he was in police custody – it is the weapon by which he murdered B”. The same was told by the accused while the investigating officer produced the weapon to the accused, found during the investigation.

Is the statement made by A to the police officer relevant under Section 25, 26, or 27?

Question 19

A, an accused, was overheard by B, while A was muttering to himself a statement amounting to confession. Is the confession relevant?

Question 20

A, a turnkey promised to post a letter given to him by a prisoner and addressed to the prisoner’s father. The letter contained a confession, and the turnkey sent it to the prosecutor instead of posting it as promised. Is the confession contained in the letter relevant? [D.J.S. Exam., 1996]

Question 21

A, while talking in his sleep made a confession and which was overheard by B. Is this confession admissible in evidence against A?

Question 22

Can a Confession of an Accused he used Against a Co-accused? What is the evidentiary value of such a confession? [U.P.C.J. 1982, 1999, 2016, U.P.H.J.S. 1996, BIHAR J. 1988, 1991, M.P.J. 2009, 2010, 2013]

Law of Evidence; Notes, Case Laws And Study Material

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