KSLU Solved Question Papers
Law of Evidence
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 8
2021 Sep Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 8 Law of Evidence 2021 Sep Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2021 Sep examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2021 Sep examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2021 Sep 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 80 · 20 questions answered
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
(a)Explain the relevancy of facts showing motive, preparation and conduct.[10]
Answer
For full marks, cover: why section 8 of the Indian Evidence Act, 1872 lets in facts that only point towards the fact in issue; motive (paragraph 1, illustrations (a) and (b)); preparation (illustrations (c) and (d)); conduct (paragraph 2): whose conduct, the test "influences or is influenced by", previous or subsequent, with illustrations (e), (f), (h) and (i); Explanation 1 (statements are not conduct unless they accompany and explain acts) and Explanation 2 (statements made in a person's presence that affect his conduct, illustration (g)); complaints by victims (illustrations (j) and (k)); conduct before the police (Prakash Chand) and pointing out a body (A.N. Venkatesh); a table; section 6 of the Bharatiya Sakshya Adhiniyam, 2023 in a line; a conclusion.
Why these facts matter
A crime is rarely done without a reason, without getting ready, and without leaving traces in how the doer behaves. Motive explains why a person would act. Preparation shows he got ready to act. Conduct before and after shows a mind affected by the act. None of these alone proves guilt. But together they can make guilt highly probable. Section 8 of the Indian Evidence Act, 1872 makes all three relevant.
Motive
The first paragraph of section 8 says "Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact".
Motive is the reason that moves a person to act: greed, revenge, jealousy, fear. In illustration (a), A is tried for murdering B, his blackmailer. Earlier, A had murdered C, and B knew of it. B tried to extort money from A by threatening to reveal it. These facts are relevant, because they show A's motive to kill B.
Motive is not only for crimes. Illustration (b): A sues B on a bond and B denies making it. The fact that B needed money for a particular purpose at the time is relevant.
Weight. Motive is important where the case rests on circumstances. Where there is reliable direct evidence, the absence of a proved motive does not matter much. And a strong motive alone cannot prove guilt.
Preparation
Preparation means the steps taken to make the act possible. Illustration (c): A is tried for poisoning B. The fact that A procured poison similar to that given to B, before B's death, is relevant. Illustration (d) asks whether a document is A's will. The facts that A consulted vakils and had drafts prepared are relevant, as preparation for making it.
Conduct
The second paragraph of section 8 makes relevant the conduct of three persons:
- any party to a suit or proceeding, or his agent;
- in a criminal case, the person against whom the offence was committed;
- in each case, only if the conduct "influences or is influenced by any fact in issue or relevant fact".
The conduct may be "previous or subsequent" to the fact in issue.
Illustrations of an accused's conduct.
- Destroying or creating evidence (illustration (e)): concealing evidence, keeping witnesses away, or procuring false evidence.
- Running away (illustrations (f) and (h)). A runs away right after hearing that the police are coming to look for the robber. Or he absconds after a warning letter.
- Holding the proceeds (illustration (i)): possession of property acquired by the crime, or hiding things used in it.
Statements and conduct: the two Explanations
Explanation 1. "Conduct" does not include statements, "unless those statements accompany and explain acts other than statements". So a bare statement is not conduct under section 8, though it may be relevant under another section.
Explanation 2. When a person's conduct is relevant, "any statement made to him or in his presence and hearing, which affects such conduct, is relevant". Illustration (g): D says in A's presence, "I advise you not to trust A, for he owes B 10,000 rupees", and A goes away without answering. D's words and A's silence are both relevant.
Complaints by victims
Illustration (j) asks whether a woman was raped. Her complaint made shortly after, with its circumstances and its terms, is relevant as her conduct. But a bare statement that she was raped, without making a complaint, is not relevant as conduct. It may still be relevant under section 32(1) if she dies, or under section 157 as corroboration. Illustration (k) applies the same rule to a robbery victim.
Conduct before the police
Facts. In Prakash Chand v. State (Delhi Administration), AIR 1979 SC 400, a Delhi Development Authority overseer was caught in a bribe trap. When the Inspector challenged him, he was stunned and kept mum. The marked notes were in a file under the table, and his foot was on it.
Held. Section 162 of the Code of Criminal Procedure, 1973 bars statements to the police during investigation, but not evidence of conduct. The accused's conduct when confronted, not amounting to a statement, was admissible under section 8.
Facts. In A.N. Venkatesh v. State of Karnataka, (2005) 7 SCC 714, a boy was kidnapped for ransom from Hosadurga. Police searching along a railway track found the two accused, who ran away on seeing them. After arrest they led the police to a river bank, where the boy's body was dug out of the sand.
Held. Running away on seeing the police was conduct showing a guilty mind. Pointing out the place where the body was buried was admissible as conduct under section 8. That was so whether or not their statements were admissible under section 27. The conviction was upheld.
At a glance
| Fact | Meaning | Example |
|---|---|---|
| motive | the reason for the act | B was blackmailing A (illustration (a)) |
| preparation | steps to make the act possible | buying poison (illustration (c)) |
| previous conduct | behaviour before, affected by the fact in issue | consulting vakils before a will (illustration (d)) |
| Fact | Meaning | Example |
|---|---|---|
| subsequent conduct | behaviour after, affected by the fact in issue | absconding, hiding the weapon (illustrations (h), (i)); pointing out the body (A.N. Venkatesh) |
| statement affecting conduct | words in a person's presence and his response | silence on being called a debtor (illustration (g)) |
| victim's complaint | complaint soon after the offence | illustrations (j), (k) |
Under the Bharatiya Sakshya Adhiniyam, 2023
Section 8 is now section 6 of the Adhiniyam. It is split into sub-section (1) on motive and preparation and sub-section (2) on conduct, with the same Explanations and illustrations.
Conclusion. Section 8 of the 1872 Act makes relevant any fact showing motive or preparation for a fact in issue. It also makes relevant the previous or subsequent conduct of a party, his agent or the victim. The conduct must influence, or be influenced by, a fact in issue. Statements are not conduct unless they accompany and explain acts. But statements made in a person's presence that affect his conduct are relevant. Conduct before the police, such as silence when caught or pointing out a body, is admissible under section 8 (Prakash Chand, A.N. Venkatesh). Section 162 of the Code bars only statements. Section 6 of the Adhiniyam keeps the same rule.
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