B.A. LL.B. (Five Years) Sem 10 BSA and Law of Evidence May 2017 Evidence Question Paper - Mumbai University | munotes

Questions asked in this paper

Q.1 Q.1: Answer in one or two sentences (20 Marks)

1. (a) Birth during marriage, conclusive proof of legitimacy. Explain.
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2. (b) What is confession?
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3. (c) About what facts can evidence be given?
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4. (d) What is 'May Presume'?
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5. (e) When is an oral admission as to the contents of documents relevant?
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6. (f) Can a witness be excused from answering on the ground that the answer will criminate him?
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7. (g) Character, when relevant.
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8. (h) What is a public Document?
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9. (i) Who may testify?
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10. (j) What is the presumption as to electronic records five years old as per section 90-A?
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Q.2 Q.2: Write short notes on the following, any four (20 Marks)

1. (a) Leading questions.
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2. (b) Refreshing Memory.
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3. (c) Professional Communication.
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4. (d) Explain the law regarding cross examination of a witness as to previous statements.
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5. (e) Presumption as to Gazettes in electronic forms.
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6. (f) Admissibility of electronic records.
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Q.3 Q.3: Solve any two of the following with reasons or justifications (12 Marks)

1. (a) 'A' is tried for a crime. (i) The fact that he said something indicating an intention to commit that particular crime is relevant. Give reason. (ii) The fact that he said something indicating a general disposition to commit crimes of that class is relevant. Give reason.
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2. (b) (i) A Barrister is instructed by an attorney or Vakil that an important witness is a dacoit. Can the barrister ask the witness if he is a dacoit? Give reason. (ii) A witness of whom nothing whatever is known, being questioned as to his mode of life and means of living, gives unsatisfactory answers. Whether the witness can be asked if he is a dacoit? Give reason.
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3. (c) 'A' is tried for a riot and is proved to have marched at the head of a mob. (i) Whether the cries of the mob are relevant? If yes, under what provision of law? Give reason. (ii) In the instant case, if the mob was silent during the march, what difference will it make to A's trial?
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Q.4 Q.4: Answer in detail, any four (48 Marks)

1. (a) Explain what is examination in chief, cross examination and re-examination. When is it held and for what purpose?
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2. (b) Describe in detail the theory of relevancy.
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3. (c) Explain in detail, with provisions, when a confession is relevant and when it is irrelevant.
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4. (d) Explain in detail the provision of section 32 of the Indian Evidence Act regarding the statement of a person who is dead or cannot be found etc.
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5. (e) Define evidence. Explain the different types of evidence. Explain their evidential value.
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6. (f) Explain in detail when motive, preparation and previous or subsequent conduct are relevant.
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