LL.B. (Three Years) Sem 6 BSA and Law of Evidence Nov 2023 Evidence 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. (1) All questions are compulsory. (2) Figures to the right indicate full marks.

SECTION I - Q.1: Answer the following in one or two sentences, any six out of ten (12 Marks - 2 marks each)

1. Q1 What is Confession?
2. Q2 Who is an Accomplice?
3. Q3 Which facts need not be proved?
4. Q4 What do you mean by evidence?
5. Q5 What do you mean by Judicial Confession?
6. Q6 What do you mean by Approver?
7. Q7 Explain the meaning of "Plea of Alibi".
8. Q8 What is re-examination? Which of the parties can re-examine the witness?
9. Q9 Define the term "not proved" under the Indian Evidence Act.
10. Q10 What is an extra-judicial Confession?

SECTION II - Q.2: Write short notes, any two out of four (12 Marks - 6 marks each)

1. Q11 Dying Declaration.
2. Q12 Opinion of Experts and their evidentiary value.
3. Q13 Refreshing Memory.
4. Q14 Examination of Witnesses.

SECTION III - Q.3: Answer the following, any two out of three (12 Marks - 6 marks each)

1. Q15 Raj was arrested by the police for the murder of Shyam. The police officer who was to interrogate him was very strict and well built. Fearing that he would be beaten, Raj said to the police officer: "I murdered Shyam with a knife. I have kept the knife in my house. Take me there and I shall show it to you." (i) Is this confession by Raj valid? Why? (ii) Is any part of the confession valid? Explain with proper reason.
2. Q16 X is accused of murder. X alleges that he committed the murder of Y under grave and sudden provocation from Y. (i) On whom shall the Burden of Proof lie in this scenario? (ii) State the relevant provision of law to this effect. What would be the impact if X fails to prove the element of grave and sudden provocation?
3. Q17 A witness about whom nothing is known is asked at random whether he is a dacoit. (i) Is this question allowed? Explain with reason. (ii) Explain the relevant provisions under the Evidence Act regarding asking such kinds of questions.

SECTION IV - Q.4: Answer the following in detail, any two out of four (24 Marks - 12 marks each)

1. Q18 Define Evidence. What are the different kinds of Evidence?
2. Q19 Explain the difference between Direct and Circumstantial Evidence.
3. Q20 Who is a Witness? Discuss in detail the law relating to Witnesses.
4. Q21 Define Estoppel. Discuss the different types of Estoppel.

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