KSLU Solved Question Papers
Law of Evidence
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 8
2013 Dec Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 8 Law of Evidence 2013 Dec Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2013 Dec examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2013 Dec examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2013 Dec examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all five Questions. (2) One essay type and one short note question or problem from each Unit have to be attempted. (3) Figures to the right indicate marks. (4) Answers should be either in English or Kannada completely.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)Explain the relevancy of introductory or explanatory facts.[15]
Answer
For full marks, cover: what introductory and explanatory facts are and why a court needs them (a bare fact in issue often means little without its setting); section 9 of the Indian Evidence Act, 1872 in its words, read as seven classes of fact, each with an illustration from the Act or an example: facts that explain, facts that introduce, facts that support an inference, facts that rebut an inference, facts that establish identity (Malkhansingh; Dharam Deo Yadav), facts that fix time or place, and facts that show the relation of the parties; the limit, "in so far as they are necessary for that purpose", with illustrations (b) and (c); how section 9 differs from sections 6 to 8 and 11; a table; section 7 of the Bharatiya Sakshya Adhiniyam, 2023 in a line; a conclusion.
What introductory and explanatory facts are
A fact in issue rarely speaks for itself. That A left home suddenly at night proves little until the court knows why. A letter means little until the court knows who wrote to whom, and when. Introductory facts set the scene so that the main facts can be understood. Explanatory facts show what the main facts mean.
Such facts are often not relevant under any other section. Section 9 makes them relevant, but only to the extent the court needs them.
Section 9 in its words
"Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose."
The seven classes
1. Facts that explain. In illustration (d), A sues B for inducing C to break a contract of service with him. When C leaves, he tells A that he is leaving because B has made him a better offer. The illustration says this statement "is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue".
Illustration (e) is a criminal example. A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. As B hands it over, he says, "A says you are to hide this". B's statement is relevant "as explanatory of a fact which is part of the transaction". In illustration (f), a man tried for a riot marched at the head of a mob. The cries of the mob are relevant "as explanatory of the nature of the transaction".
2. Facts that introduce. In illustration (b), A sues B for a libel imputing disgraceful conduct, and B pleads that the matter is true. "The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue."
3. Facts that support an inference. Where a fact suggests a conclusion, facts that strengthen it are relevant. Illustration (a) concerns a disputed will. "The state of A's property and of his family at the date of the alleged will may be relevant facts." A will leaving everything to a stranger, when the testator had a large family he was close to, invites doubt. A will that matches his property and family supports the inference that he made it.
4. Facts that rebut an inference. Illustration (c) shows this. An accused who absconded soon after the crime gives rise to an inference of guilt, relevant under section 8. "The fact that, at the time when he left home, he had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly."
5. Facts that establish identity. Where the identity of a person or thing matters, facts showing who or what it is are relevant.
Facts. In Malkhansingh v. State of Madhya Pradesh, (2003) 5 SCC 746, a young teacher was raped by three men near a canal at village Bagod in 1992. No test identification parade was held, and she identified them for the first time in court.
Held. Facts that establish the identity of an accused are relevant under section 9. The substantive evidence is the identification in court. A prior parade tests and strengthens it, and is a rule of prudence, not of law. Here the witness had ample opportunity to observe her assailants and was wholly reliable, and the convictions stood.
Facts. In Dharam Deo Yadav v. State of U.P., (2014) 5 SCC 509, a young woman from New Zealand disappeared from Varanasi in 1997. A year later the accused led the police to a skeleton buried at his house. It was identified by superimposing the skull on her photograph, by dental records, by blood group, and by DNA compared with her father's blood.
Held. Scientific evidence of this kind proved that the skeleton was hers. DNA profiling is reliable if laboratory quality controls are kept. With the other circumstances, the conviction for murder stood, though the death sentence was commuted. The identity of the remains, proved by these facts, was the foundation of the case.
6. Facts that fix time or place. A railway ticket, a hotel register or a phone's location record may fix when or where a relevant fact happened. Such facts are relevant even though they prove nothing else about the case.
7. Facts that show the relation of the parties. In a suit on a contract, facts showing that the parties were partners, or master and servant, may be needed to understand their dealings.
Explanatory statements are not proof of their own truth
A statement admitted under section 9 comes in to explain conduct or a transaction. In illustration (d), C's words show why he left. Whether B in fact made the better offer is a separate question, to be proved by other evidence. Read this way, section 9 does not become a back door for hearsay. The court uses the words for the purpose for which they were admitted.
The limit: "in so far as they are necessary for that purpose"
Section 9 does not open the door to every background detail. Only so much as is needed to explain or introduce is admitted.
- In illustration (b), the particulars of an unconnected dispute between A and B are irrelevant. Only "the fact that there was a dispute may be relevant if it affected the relations between A and B".
- In illustration (c), "The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent."
This keeps trials to the point. The court admits the setting, not a second trial about the setting.
How section 9 differs from its neighbours
| Section | What it admits | Example |
|---|---|---|
| 6 | facts forming part of the same transaction | words spoken during the attack |
| 7 | the occasion, cause, effect, state of things and opportunity | the victim showed money at a fair |
| 8 | motive, preparation and conduct | buying poison; absconding |
| 9 | facts needed to explain, introduce, identify, fix time and place, or show relations | why the accused left home; DNA identifying remains |
| 11 | facts inconsistent with, or making highly probable or improbable, a fact in issue | alibi |
Under the Bharatiya Sakshya Adhiniyam, 2023
Section 9 is now section 7 of the Adhiniyam, with the same words and illustrations. Illustration (c) now refers to section 6 in place of the old section 8.
Conclusion. Introductory and explanatory facts are made relevant by section 9 of the 1872 Act. The section admits facts that explain or introduce a fact in issue or relevant fact, and facts that support or rebut an inference from it. It also admits facts that establish identity (Malkhansingh, Dharam Deo Yadav), that fix time and place, or that show the relation of the parties. The illustrations show each use: the cries of a mob, the parties' relations in a libel suit, and an accused's sudden business elsewhere. Such facts are admitted only "in so far as they are necessary for that purpose", so the court gets the setting without a trial of side issues.
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