Osmania University BSA (Evidence Law) Previous Questions

Exam Oriented Book – OU 3LLB 2nd Sem

Unit-I: Introduction and Relevancy of Facts

(Syllabus: Bharatiya Sakshya Adhiniyam, 2023 — Salient Features of the Act – Meaning and Kinds of Evidence Interpretation Clause — Documents, May Presume, Shall Presume and Conclusive Proof – Fact, Fact in Issue and Relevant Facts, Proved, Disproved —Distinction Between Relevancy and Admissibility – Doctrine of Res Gestae— Motive, Preparation and Conduct — Conspiracy When Facts Not Otherwise Relevant Become Relevant — Right and Custom — Facts Showing the State of Mind Etc.)

6 Mark Previous IMP Questions

  1. Doctrine of Res Gestae
  2. Motive
  3. Material Evidence
  4. Logical Relevancy
  5. Proof of Custom
  6. Conclusive Proof
  7. Hearsay Evidence
  8. Test Identification Parade
  9. Relevance of Character

15 Mark Previous IMP Questions

  1. Define Evidence. Distinguish between relevancy and admissibility of Evidence.
  2. Explain the doctrine of Res Gestae.
  3. What is hearsay rule? What are exceptions to hearsay rule?
  4. When do facts not otherwise relevant become relevant?

Unit-II: Admissions, Confessions, and Dying Declarations

(Syllabus: Admissions & Confessions: General Principles concerning Admissions — Differences between “Admission” and “Confession” — Confessions obtained by inducement, threat or promise – Confessions made to police officer – Statement made in the custody of a police officer leading to the discovery of incriminating material — Admissibility of Confessions made by one accused person against co-accused. Dying Declarations and their evidentiary value — Other Statements by persons who cannot be called as Witnesses — Admissibility of evidence of witnesses in previous judicial proceedings in subsequent judicial proceedings.)

6 Mark Previous IMP Questions

  1. Confession
  2. Retracted Confession

15 Mark Previous IMP Questions

  1. Distinguish between admission and confession.
  2. When are statements made by persons who cannot be called as witnesses relevant?

Unit-III: Oral, Documentary, and Expert Evidence

(Syllabus: Relevancy of Judgments — Opinion of witnesses — Expert’s opinion — Opinion on Relationship especially proof of marriage — Facts which need not be proved – Oral and Documentary Evidence – General Principles concerning oral evidence and documentary evidence — Primary, electronic or digital record, special provision as to evidence relating to electronic record, admissibility of electronic records and Secondary evidence — Modes of proof of execution of documents — Presumptions as to documents — General Principles regarding Exclusion of Oral by Documentary Evidence – Relevance of social media in the law of evidence.)

6 Mark Previous IMP Questions

  1. Primary and Secondary Evidence
  2. DNA Testing
  3. Proof of Digital Signature
  4. Judicial Notice
  5. Primary Evidence
  6. Latent Ambiguity

15 Mark Previous IMP Questions

  1. “Oral evidence in all the cases whatever be direct.” Explain the statement with exceptions.
  2. What are the presumptions as to documents?
  3. Explain the relevancy of Judgments with illustrations.

Unit-IV: Burden of Proof and Estoppel

(Syllabus: Rules relating to Burden of Proof – Presumption as to Dowry Death — Estoppels -Kinds of estoppels — Res Judicata, Waiver and Presumption.)

6 Mark Previous IMP Questions

  1. Estoppel
  2. Presumption
  3. Rebuttable Presumptions
  4. Reverse Burden of Proof
  5. Presumption of Legitimacy

15 Mark Previous IMP Questions

  1. What is burden of proof? On whom does it lie?
  2. Enumerate the general rules relating to burden of proof.

Unit-V: Witnesses and Examination

(Syllabus: Competency to testify — Privileged communications – Testimony of Accomplice – Examination in Chief, Cross examination and Re-examination — Leading questions — Lawful questions in cross examination —Compulsion to answer questions put to witness — Hostile witness — Impeaching the credit of witness —Refreshing memory — Questions of corroboration — Improper admission and rejection of evidence.)

6 Mark Previous IMP Questions

  1. Hostile Witness
  2. Examination in Chief
  3. Child Witness
  4. Accomplice
  5. Leading Questions

15 Mark Previous IMP Questions

  1. What are leading questions? When can these be asked?
  2. What are the stages in the examination of witnesses?
  3. Discuss the nature, scope, and purpose of cross-examination.
  4. What are the questions that may or may not be asked in cross-examination?

10 Marks Evidence Law IMP Questions

  1. ‘A’ is tried for the murder of ‘B’ by poison. Before the death of ‘B’, ‘A’ procured poison similar to the one which was administered to ‘B’. Is it a relevant fact?
  2. ‘A’ is accused of murder of ‘C’. During the trial, he confesses, ‘T’ and ‘B’ murdered ‘C’. Can this confession be considered against ‘B’?
  3. The question is whether ‘A’ robbed ‘B’. Does the fact that shortly before the robbery, ‘B’ went to a shop with money in his possession and showed it to third persons become relevant?
  4. The question is whether ‘A’ was a legitimate son of ‘B’. Does the fact that ‘A’ was always treated as such by the members of the family relevant?
  5. ‘X’ is charged for committing a crime at Hyderabad on a certain day. He wants to prove the fact that he was at Tirupati on that day. Is it a relevant fact? Which provision of the Evidence Act deals with it?
  6. A married girl wrote a letter to her parents complaining that she was subjected to cruelty by her husband in connection with a demand for dowry. After one month, she died under suspicious circumstances. In the trial, the prosecution produced the letter written by the deceased. Is it relevant? If yes, under what provision of the Evidence Act does it become relevant?
  7. ‘X’ agrees, in writing, to sell his property to ‘Y’ for Rs. 2 crores or Rs. 2.5 crores. In a case before the court, ‘X’ tries to produce oral evidence to show which price was to be given. Is it permissible? Discuss the provision of the Evidence Act that is applicable.
  8. A witness produced by the accused for defense is not favorable to him but favorable to the prosecution. What procedure does the defense counsel have to follow in such a situation? How can the defense counsel overcome this difficulty?
  9. ‘X’ who was charged for committing murder of his wife, wrote a confessional letter and left the letter nearby the dead body with the intention of being seen by the police officer. Are the contents of the letter relevant as evidence against ‘X’? Decide by referring to the provision of the Evidence Act.
  10. In a case of insolvency proceeding between ‘A’ and ‘B’, the court of competent jurisdiction adjudged ‘A’ as an insolvent. Thereafter, ‘C’, another creditor, filed a case against ‘A’ for recovery of the loan amount. What is the legal status of the judgment given by the court between ‘A’ and ‘B’? Is it binding on ‘C’? Discuss.
  11. Soon after the commission of theft, stolen goods are found in possession of ‘X’. What type of presumption can be raised by the court in the trial of ‘X’? What is the impact of such a presumption? Refer to the relevant provisions of the Evidence Act.
  12. After the commission of a crime, the husband was washing his blood-stained clothes, which was seen by his wife. In the trial, the prosecution wants to produce the wife of the accused as a witness to prove what has been seen by her. Is it permissible?
  13. ‘X,’ a creditor, filed a suit against ‘Y,’ a debtor, for recovery of debt amount on the basis of a promissory note. ‘X’ produced in the court a Photostat copy of the promissory note in support of his claim. Is the Photostat copy admissible as evidence? Discuss the legal position.
  14. ‘A’ intentionally and falsely misleads ‘B’ to believe that ‘A’ is the owner of the land. Relying on the statement of ‘A,’ ‘B’ purchases the land and pays for it. The landowner afterward seeks to set aside the sale on the ground that at the time of the sale, he had no title. Will he succeed? Refer to the provisions of the Evidence Act.
  15. An accused was charged for killing his wife with an axe. Their son, a child of four years, was committed. The prosecution produced the child as a witness. Is a child a competent witness? If there is no other evidence, is the conviction of the accused on the basis of the evidence of the child sustainable? Discuss.
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