July 28,2018:
The Author, Manvi Singh, is a LLB student of Department of Laws, Panjab University. She is currently interning with LatestLaws.com.
Chapter 1 ( Section 1-4)
Q1)When did the Act came into force and its applicability? (Section 1)
Ans. The Act came into force on 01-09-1872 applying to the following:-*whole of India except J&K(territorial)
*judicial proceedings like proceedings under Chapter 9 of Cr.P.C. 1973,execution proceedings, etc. And those under Indian Marine Act
*court martial except those convened under Army/Naval Discipline/Air Force Act
*doesn’t apply to affidavits presented to any court/officer or proceedings before an arbitrator/tribunals
Q2) What is the Act’s scope? (Section 2)
Ans. It is a complete Code consolidating enactment repealing all rules of evidence except those which are exempted from being repealed. It is a special law.
Q3) What are Facts? (Section 3)
Ans.It means and includes (1) anything, state of things, or relation of things, capable of being perceived by the senses (2) any mental condition of which any person is conscious.
Q4) Differentiate between facts in issue and relevant facts.
Ans.No list is given in the Act for facts in issue and court determines it in every case and basically are those which by itself or in connection with others assert or deny nature, liability in a suit. Whereas relevant facts are those which are connected to another by way of forming part of same transaction, etc(Section 6-55).
Q5) What is evidence and what are its types?
Ans.It is the instrument by means of which relevant facts are brought before the court which is of following types:- (1)oral evidence is one that is given before the Court and (2) documentary evidence which is given by way of producing a document.
Q6) What is circumstantial evidence?
Ans.Is that which relates to a series of other facts than facts in issue but by experience have been found so associated with facts in issue leading to a satisfactory conclusion.
Q7) What are principles to be followed in case of circumstantial evidence?
Ans.*circumstances from which conclusion of guilt is drawn should be cogently and fully established
*circumstances should be of conclusive nature
*should exclude every possible hypothesis except the one to be proved
*circumstances taken should form a chain cumulatively so that no escape from human probability is possible
Q8) What is may presume and shall presume? (Section 4)
Ans.These are kind of mixed presumption. “May presume” is when court may take notice of the fact without calling for its proof or may call upon party to prove fact. ‘Shall presume” is when court can not exercise its discretion.
Chapter 2 (Section 5-55)
Q9) What is the difference between relevancy and admissibility? (Section 5)
Ans.Relevancy is based on logic and probability which may be admissible or not whereas admissibility is based on strict rules of law.
Q10) What is "Res-Gestae"? (Section 6)
Ans.It is a transaction, thing done, subject matter. It consists of that portion of actual world’s happenings out of which right or liability complained or asserted in the proceeding.
Q11) What is the difference between intention and motive? (Section 8)
Ans.Intention is an act of the will directing an act or a deliberate omission whereas motive is an emotion, state of mind which moves a man to do a particular act.
Q12) What is TIP? (Section 9)
Ans.Test Identification Parade is a means to test veracity of witness and his capacity to identify unknown persons. It is not taken as substantial evidence but only has corroborative value.
Q13) What is plea of Alibi? (Section 11)
Ans.Alibi is plea of absence of a person charged with an offence from the place or occurrence at time of crime commission. It is a case where facts not otherwise relevant become relevant.
Q14) What is the difference between admission and confession?
Ans.Confession is a statement made by an accused person which is sought to be prove against him which if made voluntarily and deliberately be taken as conclusive whereas admission usually relates to civil transaction and are not conclusive.
Q15) What is retracted confession?
Ans.It is a statement made by accused person before the trial begins by which he admits to have committed the offence but repudiates at the trial. This is to corroborated by trustworthy evidence.
Q16) What is estoppel and how is it different from admission?
Ans.Estoppel is a rule of evidence which prevents a person from retreating his earlier representation and is conclusive whereas admission is written or verbal statement giving inference to rights and liabilities of parties and is not conclusive.
Q17) What is Dying Declaration? (Section 32)
Ans.Though not been defined in the Act but is a statement made by a person who is dead as to cause of his death or any other circumstance which resulted in his death. Oral dying declaration is admissible in evidence as an exception to general rule of evidence that hearsay evidence is no evidence in eyes of law applicable to both homicide and suicide because of principle of “nemo moriturns proesumitur mentiri”( a man will not meet his maker with a lie in his mouth). As a rule of caution dying declaration should be certified by a doctor as to fitness.
Q18) What is judgement in rem and judgement in personam?
Ans.Judgements affecting legal status of some subject matter, person or thing are called judgement in rem like divorce court judgement and judgements is personam are all the ordinary judgements not affecting rights of any subject matter, person or thing.
Q19) When is opinion of experts required? (Section 45)
Ans.When the court has to form opinion upon a point on foreign law or of science or art or identify finger impressions or handwriting identity the persons called upon for this are known as experts as they are specially skilled in there field only if expert testimony is necessary and witness in question is really an expert.
Q20) Differentiate between expert witness and ocular witness?
Ans.Ocular witness is witness of fact giving evidence of those facts which are under enquiry as he has perceived by his senses and expert witness is evidence of opinion supported by rules and reasons.
Q21) When is character relevant?
Ans. Character is a combination of quality distinguishing a person, the individuality of which is the product of nature, habits and environment. In civil action evidence character of any person concerned is not admissible for purpose of raising an inference as to his conduct except in cases of libel suit. But in criminal proceedings the fact that person accused is of a good character is relevant.
Q22) What is reputation and disposition?
Ans. Reputation means what is thought of a person by another in public opinion i.e. general credit and disposition is giving result of one’s own personal experience and observation to another as in case of master giving opinion of his servant. Both terms are included in character.
Chapter 3 (Section 56-58)
Q23) Which facts need not be proved? (Section 56)
Ans.No fact of which court will take judicial notice need to be proved.
Q24) What are facts which courts need to take judicial notice of? (Section 57)
Ans. Court to take judicial notice of:-
(1) All laws in force in the territory of India
(2) All public Acts passed or hereafter to be passed by Parliament of the United Kingdom, and all local and personal Acts directed by Parliament of the United Kingdom] to be judicially noticed
(3) Articles of War for the Indian Army Navy or Air Force
(4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any laws for the time being in force in a Province or in the States
(5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland
(6) All seals of which English Courts take judicial notice: the seals of all the Courts in India and of all Courts out of India established by the authority of the Central Government or the Crown Representative, the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by the Constitution or an Act of Parliament of the United Kingdom or an Act or Regulation having the force of law in India
(7) The accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in any Official Gazette
(8) The existence, title and national flag of every State or Sovereign recognized by the Government of India
(9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette
(10) The territories under the dominion of the Government of India
(11) The commencement, continuance and termination of hostilities between the Government of India and any other State or body of persons
(12) The names of the members and officers of the Court, and of their deputies and subordinate offices and assistants, and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or act before it; (13) The rule of the road ,on land or at sea.
In all these cases, and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference. If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so unless and until such person produces any such book or document as it may consider necessary to enable it to do so.
Q25) Which facts need not be proved? (Section 58)
Ans. No fact need to be proved in any proceeding which parties or ther agents agree to admit at hearing or in writing under their hand they have deemed to admit in pleadings.
