The Indian Evidence Act, 1872 originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
The Evidence Act is an important part of a number of important competitive exams for law students and young graduates. Moreover, a thorough knowledge of the Evidence Act is required for those who are planning to venture into litigation or the judiciary.
In this article, YLCC brings you some of most important questions from the Evidence Act to prepare for your exam or interview. Read on!
- Does Evidence law talk about ‘fact’? If yes, what is ‘fact’ as construed from the Evidence Act?
- What is proved and disproved fact?
- What is ‘evidence’ as per the Evidence Act?
- What is conclusive proof? How is its evidentiary value different from other kinds of presumptions?
- What does Section 5 say about the kind of evidence admissible in court of law?
- What is meant by ‘facts in issue’ and ‘relevant facts?’ Are they one or the same thing, or are they different?
- Is it necessary that a relevant fact has to be admissible in court of law?
- Why is hearsay evidence not given credit in Evidence Act? Why do you think Res Gestae is an exception to this rule?
- What kind of facts is relevant under the Indian Evidence Act? (Ans: Section 6-55)
- Are those facts also relevant which are the occasion, cause or effect of facts in issue?
- When do facts otherwise irrelevant become relevant? Give an example. (Ans: Alibi)
- What does Section 8 say about motive and preparation?
- What is the relevance of conspiracy under the Evidence Act?
- Conspiracy is based on the principle of ‘Agency.’ Comment.
- As per the Act, how does the relevance of facts come into question when rights and customs are involved?
- How important is the intention to commit a crime relevant as per the Act? What does Section 14 and 15 say about it?
- How is admission defined under the Evidence Act? How is it different from confession?
- What type of admission is admissible in Criminal Court?
- “Admission cannot be proved by or on behalf of any person who makes it.” Comment.
- Are oral admissions as to the content of the document relevant? (Ans: Section 22)
- What is the state of admission in case of civil cases?
- What does Section 24 say about confession caused by inducement, threat or promise?
- What does the Evidence Act say about confession made before police officer? Can it be proved in any case?
- Is a relevant confession made under promise of secrecy irrelevant?
- Can a proved confession against the person making it affect others jointly under trial for same offence?
- Are admissions conclusive proof? Which section talks about it?
- What are the circumstances under which statement of relevant fact made by person who is dead or cannot be found is relevant? Explain with an example.
- How important is the opinion of experts as per the Act? Who is an expert in this regard? When can the court take these opinions?
- What kind of opinions is relevant to the court?
- How far is character relevant and admissible in evidence in civil and criminal cases?
- Explain motive, preparation, and conduct as expounded in the evidence act.
- As per the Evidence Act, what facts are not required to be proved? (Ans: Section 56-58, and 114)
- Comment upon the admissibility of oral evidence as per the Act.
- What is primary evidence and secondary evidence?
- How is documentary evidence admitted in the court of law?
- What is privileged communication?
- What are the popular assumptions as to the documents as set out in the Evidence Act?
- How is the burden of proof determined? Comment upon chapter VII of the Act.
- What does the Act talk about dowry death?
- In certain cases court assumes existence of certain facts. State some such instances.
- Why do you think the Act provides for presumption as to absence of consent in certain prosecution for rape?
- What does the Act say about estoppel? What are different types of estoppels?
- How is estoppel different from promissory estoppel and waiver?
- Who is competent to testify?
- How does the Act interpret confidential communications with legal advisors?
- What do you understand by ‘accomplice’? Which section of the Evidence Act talks about it?
- “An accomplice is unworthy of credit unless his statement is corroborated with material particulars.” Comment.
- Do you think an accused person be convicted on the basis of an uncorroborated dying declaration alone?
- Explain stages of examination of a witness.
- What does the Act say about improper admission or rejection of evidence?
YLCC would like to thank Shivani Bharti for her valuable insights in this article.