B.A. LL.B. (Five Years) Sem 8 Law of Evidence 2023 Mar Question Paper with Solutions

For full marks, cover: the meaning of evidence in section 3 of the Indian Evidence Act, 1872, and how it differs from proof ("proved", "disproved", "not proved"); the types of evidence as nine pairs or groups, each with its section, an example and, where useful, a case: oral and documentary; primary and secondary; direct and circumstantial (Sharad Birdhichand Sarda); original and hearsay (Kalyan Kumar Gogoi); real or material evidence; substantive and corroborative (Malkhansingh); judicial and non-judicial; electronic evidence (Anvar P.V.); expert or opinion evidence; a summary table; section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023 in a line; a conclusion.

The meaning of evidence

In ordinary speech, evidence is anything that helps show whether something is true. In law the word is narrower. Section 3 of the Indian Evidence Act, 1872 says evidence "means and includes" two things: "all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry", called oral evidence; and "all documents including electronic records produced for the inspection of the Court", called documentary evidence.

2. Primary and secondary

These apply to documents. Primary evidence is "the document itself produced for the inspection of the Court" (section 62). Secondary evidence is a substitute, such as a certified copy, a photocopy or an oral account by a person who saw it (section 63). Documents must be proved by primary evidence except in the cases in section 65.

3. Direct and circumstantial

Direct evidence proves the fact in issue itself, as when a witness saw the stabbing. Circumstantial evidence proves other facts from which the fact in issue is inferred, such as motive, presence near the scene and recovery of the weapon.

In Sharad Birdhichand Sarda v. State of Maharashtra, (1984) 4 SCC 116, a wife died of cyanide poisoning in Pune in 1982, and no one saw the poison given. The Supreme Court held that a conviction on circumstances alone needs a chain so complete that it excludes every hypothesis but guilt. The husband was acquitted.

In Malkhansingh v. State of Madhya Pradesh, (2003) 5 SCC 746, a teacher identified her three attackers for the first time in court, with no earlier identification parade. The Supreme Court held that the identification in court is the substantive evidence. A parade only corroborates it.

7. Judicial and non-judicial

Judicial evidence is received by the court in the proceeding, such as testimony on oath. Non-judicial evidence arises outside it, such as an extra-judicial confession to a friend. A judicial confession is recorded by a Magistrate under section 164 of the Code of Criminal Procedure, 1973.

8. Electronic evidence

Electronic records are documentary evidence under section 3. A copy needs the certificate in section 65B(4). In Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473, the Supreme Court held that compact discs of election speeches were inadmissible without it.

Under the Bharatiya Sakshya Adhiniyam, 2023

Evidence is now defined in section 2(1)(e) of the Adhiniyam. Oral evidence includes "statements given electronically", and documentary evidence includes "electronic or digital records". "Proved", "disproved" and "not proved" are in section 2(1)(j), (c) and (i).