Evidence Act Question Paper With Answer (2019-20)

1. One or Two Sentence Answers (2 marks each × 10 = 20 Marks)

(a) Birth during marriage conclusive proof of legitimacy. Explain?
Under Section 114 of the BSA, 2023, a child born during the continuance of a valid marriage or within 280 days after its dissolution (if the mother remains unmarried) is presumed to be legitimate unless proven otherwise.

(b) What is ‘may presume’?
As per Section 4, “may presume” allows the court discretion to presume a fact exists unless it is disproved, but the court is not bound to do so.

(c) Public document.
According to Section 74, public documents include records by public officers, legislative acts, or official bodies, which are accessible to the public.

(d) Who may testify?
Under Section 118, any person who is competent, i.e., understands the questions and can give rational answers, may testify in court.

(e) What is the presumption as to electronic records of five years old as per law?
Section 90A of BSA provides that electronic records that are over five years old and are produced from proper custody may be presumed to be authentic unless proven otherwise.

(f) Character when relevant.
Per Section 52, character is generally irrelevant, except when it affects the probability of conduct, such as in criminal cases where the accused’s character may become relevant.

(g) What is Res Gestae?
Under Section 6, facts forming part of the same transaction are admissible even if they occur at different times and places — known as Res Gestae.

(h) Professional communication.
Section 126 prohibits legal professionals from disclosing confidential communications made by clients during the course of their employment.

(i) What is “Plea of Alibi”? Cite relevant provision.
“Alibi” means that the accused was elsewhere when the offence was committed. Under Section 11, such a fact is relevant as it makes the commission of the act improbable.

(j) Define ‘Information’.
‘Information’ refers to facts, statements, or content (including electronic records) that convey knowledge, relevant under evidentiary law.

2. Short Notes (Any Four × 5 marks = 20 Marks)

 (1) Admission

Relevant Provision: Sections 17 to 23 of the Bharatiya Sakshya Adhiniyam, 2023.

Definition:
An admission is a statement (oral, documentary, or electronic) that suggests any inference as to a fact in issue or relevant fact, made by:

• A party to the proceeding,
• An agent authorized by such party,
• A person whose position or liability is relevant to the case, or
• Someone from whom the party derives interest.

Key Points:

• Admissions are not conclusive proof but may operate as strong evidentiary value against the maker.
• Judicial admissions (made in court) are binding unless withdrawn with the court’s permission.
• Extra-judicial admissions (outside court) are admissible but must be voluntary and unambiguous.

Illustration:
If A, being sued for a debt, admits in writing that he owes ₹5,000 to B, that statement is an admission and is relevant in court.

 (2) Presumption of Law

Relevant Provision: Section 4 of BSA, 2023.

Meaning:
Presumption of law refers to rules that oblige or permit courts to assume a fact exists, based on established legal principles, unless disproved.

Types of Presumptions:

1. May Presume: Court has discretion (e.g., electronic record older than 5 years – Section 90A).
2. Shall Presume: Court must presume unless disproved (e.g., certified copies of public records).
3. Conclusive Proof: No evidence allowed to disprove (e.g., legitimacy of a child born during marriage – Section 114).

Purpose:

• Reduces need to prove well-established facts.
• Promotes judicial efficiency.

Illustration:
The presumption that a letter properly addressed and posted was delivered (Section 114).

 (3) Statement and Confession

Relevant Provisions: Sections 17 to 31 (Admissions and Confessions)

Statement:
A statement is any verbal or written assertion or non-verbal conduct intended to convey a fact. All admissions and confessions are statements, but not all statements are admissions or confessions.

Confession:
A confession is a specific type of admission made by a person accused of an offence, admitting guilt.

Types of Confessions:

1. Judicial Confession – made before a magistrate or court.
2. Extra-judicial Confession – made outside court; admissible but requires corroboration.

Important Rules:

• A confession made under threat or inducement is not admissible (Section 24).
• Confession to a police officer is inadmissible unless made in the immediate presence of a magistrate (Section 25).
• Section 27 allows partial admissibility if it leads to discovery of a fact.

 (4) Conclusive Proof

Relevant Provision: Section 4 of BSA, 2023.

Definition:
When a fact is declared by law to be “conclusive proof” of another, no evidence is permitted to disprove that fact.

Examples:

• A valid certificate of marriage is conclusive proof of the marriage.
• Legitimacy of a child born during valid marriage (Section 114) is a conclusive proof unless shown otherwise.

Legal Effect:

• Courts must accept the fact and cannot allow any contrary evidence.
• Distinguishes from rebuttable presumptions like “may presume” or “shall presume.”

Illustration:
If a statute declares that a certain government-issued certificate is conclusive proof of age, then parties cannot challenge the age mentioned in it.

 (5) Relevancy of Statement Made by a Person Who is Dead

Relevant Provision: Section 32 of BSA, 2023.

Rule:
Statements of persons who are dead, cannot be found, or incapable of giving evidence are admissible when the statement relates to:

• The cause of their death,
• Any fact relevant to the case.

Types of Cases:

1. Dying Declaration – Statement made by a person as to the cause of their death.
2. Statements made during business or professional duties.
3. Statements against interest or about public rights.

Conditions:

• Must be made under expectation of death in criminal cases.
• Can be oral, written, or electronic.

Illustration:
If a murder victim says, “A stabbed me,” before dying, that statement can be used as dying declaration.

 (6) Child Witness

Relevant Provision: Section 118 of BSA, 2023.

Rule:
A child is competent to testify if:

• They can understand the questions put to them,
• They can give rational answers.

No minimum age is fixed. The judge must determine the child’s intellectual capacity, not just age.

Safeguards:

• Court may question the child first to determine competence.
• A child witness’s testimony needs careful scrutiny but is not automatically unreliable.
• Corroboration is advisable but not mandatory if the testimony is credible.

Illustration:
A 10-year-old child who witnessed a murder and can clearly describe the events may be allowed to testify.

3. Situational Problems (Any Two × 6 = 12 Marks)

(a)
(i) Yes, X can give oral evidence to clarify ambiguity due to uncertainty in price, under Section 93–94, extrinsic evidence can explain latent ambiguity.
(ii) Section 93 & 94 of BSA governs this — no oral evidence can be used to contradict clear written terms unless there’s ambiguity.

(b)
(i) The burden of proof lies on A, as per Section 105 – when a person claims an exception (like insanity), the burden is on them.
(ii) If A fails, he cannot claim the exception and will be treated as having committed the offence under normal penal provisions.

(c)
(i) No, M cannot disclose the communication.
(ii) As per Section 126, communications between client and attorney are privileged, and lawyers are barred from disclosing them, unless the communication is made for an illegal purpose.

4. Long Answers (Any Four × 12 = 48 Marks)

Q.4(a) Explain and distinguish between direct evidence and circumstantial evidence.

Direct Evidence:

• Direct evidence directly proves the fact in issue without requiring any inference.
• It includes testimony of eyewitnesses, confessions, or documents that directly establish a fact.

Example: A witness seeing B stab C with a knife is direct evidence of B’s guilt.

Circumstantial Evidence:

• Circumstantial (indirect) evidence suggests the existence of a fact by implication or inference.
• Requires reasoning and connection between the fact proved and the fact in issue.

Example: B was last seen with C before C’s death, and B had blood-stained clothes – these are circumstantial facts that may indicate guilt.

Distinction Table:

Legal Position:

• Indian courts have held that reliable circumstantial evidence can form the sole basis for conviction (e.g., Sharad Birdhichand Sarda v. State of Maharashtra).

Q.4(b) What is dying declaration and what is its evidentiary value?

Relevant Provision: Section 32(1) of the Bharatiya Sakshya Adhiniyam, 2023

Definition:

A dying declaration is a statement made by a person who believes death is imminent, regarding the cause or circumstances of their death.

Conditions for Admissibility:

1. The person making the statement must be dead.
2. Statement must relate to the cause of death or events leading to it.
3. Statement must be made with full consciousness and understanding.
4. Can be oral, written, gestural, or in any form (e.g., signs before magistrate).

Evidentiary Value:

• Admissible even without cross-examination.
• No corroboration required if it inspires confidence (Khushal Rao v. State of Bombay).
• The court must scrutinize carefully before relying on it.
• Cannot be used to implicate others unless it appears trustworthy.

Example:

A dying victim tells the magistrate, “My brother stabbed me.” This can be used as substantive evidence.

Q.4(c) Define ‘Evidence’. What are different types of evidence?

Relevant Provision: Section 2(1)(d) of the Bharatiya Sakshya Adhiniyam, 2023.

Definition of Evidence:

According to BSA:

“Evidence” includes— (i) 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);
(ii) all documents, including electronic records, produced for the inspection of the court (called documentary evidence).

Types of Evidence:

1. Oral Evidence (Section 59):
   • Statements of witnesses in court.
   • Must be direct and to the point.
2. Documentary Evidence (Section 3(1)(d)(ii)):
   • Includes written documents, electronic records, etc.
   • Must be proved through primary or secondary evidence.
3. Primary Evidence (Section 60):
   • Original documents.
   • Must be produced in court unless exceptions apply.
4. Secondary Evidence (Section 63):
   • Copies or substitutes of original documents.
   • Admissible under certain conditions (e.g., loss of original).
5. Real Evidence:
   • Physical objects like weapons, fingerprints, etc.
6. Direct Evidence:
   • Directly establishes a fact (e.g., eyewitness).
7. Circumstantial Evidence:
   • Indirect evidence requiring inference.
8. Hearsay Evidence:
   • Generally inadmissible unless it falls under exceptions (e.g., dying declaration).

Q.4(d) Explain in detail ‘Burden of Proof’.

Relevant Provisions: Sections 104–114 of BSA, 2023.

Definition:

“Burden of proof” means the duty of a party to prove or disprove a fact in issue.

Types of Burden:

1. Legal Burden (Burden of Proof Proper):
   • Always lies on the party who asserts the fact.
   • Example: In a criminal trial, prosecution must prove guilt.
2. Evidential Burden:
   • Shifts during trial based on the production of evidence.
   • Example: If the accused pleads alibi, the burden shifts to him to prove it.

Key Provisions:

• Section 104: Burden lies on the person who would fail if no evidence is given.
• Section 105: When accused claims an exception (e.g., insanity), burden lies on him.
• Section 106: When a fact is especially within knowledge of a person, burden lies on them.

Illustration:

If A claims B stole his gold ring, A has the burden to prove ownership and theft. If B claims he found it in his own drawer, B has the burden under Section 106.

Q.4(e) Explain the theory of relevancy in detail.

Relevant Provisions: Sections 5 to 55 of BSA, 2023.

Definition:

Only relevant facts are admissible in court. A relevant fact is one that is logically connected to a fact in issue and helps the court decide the case.

Classification of Relevant Facts:

1. Facts forming part of the same transaction – Section 6 (Res Gestae).
2. Facts that are cause/effect of facts in issue – Section 7.
3. Motive, preparation, and conduct – Section 8.
4. Previous or subsequent existence of facts – Section 9.
5. Facts concerning conspiracy or common intention – Section 10.
6. Admissions and confessions – Sections 17 to 31.
7. Statements by persons who cannot be called as witnesses – Section 32.
8. Statements under special circumstances (e.g., public records) – Section 35.

Test of Relevancy:

• Logical Relevance: Has a rational connection.
• Legal Relevance: Must also satisfy admissibility conditions in law.

Q.4(f) Explain Estoppel and different types of Estoppel.

Relevant Provision: Sections 115–117 of BSA, 2023.

Definition:

Estoppel means when a person has, by words or conduct, led another to believe a thing and act upon it, they cannot deny that thing in a legal proceeding.

Purpose:

To prevent fraud and injustice caused by inconsistency or bad faith.

Types of Estoppel:

1. Estoppel by Representation:
   • When someone falsely represents a fact and another person acts upon it.
2. Estoppel by Conduct:
   • Based on the behavior or silence that leads another to rely on it.
3. Estoppel by Record:
   • Arises from judicial decisions (res judicata).
4. Estoppel by Deed:
   • A party to a deed cannot deny facts stated in it.
5. Promissory Estoppel:
   • A promise made without consideration is enforceable if relied upon.
6. Estoppel Against Tenant (Section 116):
   • Tenant cannot deny landlord’s title during tenancy.
7. Estoppel Against Licensee (Section 117):
   • Licensee cannot deny licensor’s title.

Illustration:

If A lets B occupy land, B cannot later deny that A is the owner.