PCS-J Interview questions for Indian Evidence Act Part-3

Ans. It is said that all admissions are not confessions but all confessions are admissions. Sections 17- 23 and 31 of the Indian Evidence Act deal with admissions generally and sections 24 to 30 of the Indian Evidence Act deal with a confession.

Admission is a statement oral or written which gives inference about the liability of the person making admission confession is a statement written or oral that is a direct admission of the suit.

Q. Whether confession is defined in the Indian Evidence Act?

Ans. The term confession is not defined in the Evidence Act. According to Mr. Justice Stephen, “Confession is an admission made at any time by a person charged with a crime stating or suggesting the interference that he committed that crime.

Q. Where is the Judicial Confession provided for?

Ans. Judicial confessions are those which are made before a magistrate or in court in the due course of legal proceedings.

Under section 164 Cr. P.C an accused may make a confession before the court during the committal proceeding or before the trial.

Q. If an accused lodged F.I.R. before Police Station, what is its evidentiary value?

Ans. Under section 154 an FIR may be lodged before the police station. It is an important document on the basis of which investigation proceeds in a criminal case.

FIR can be used only to corroborate or contradict the evidence of the informant in court or to impeach his credit if he is examined.

Q. In which case was Sec. 27’s constitutional validity challenged?

Ans. In the case of the state of UP v. DeomanUpadhaya AIR 1960 (SC) the constitutional validity of section 27 of the Indian Evidence Act.

Q. What is the case of Kashmira Singh v/s State of M.P?

Ans. In this case, evidence of the co-accused under section 30 of the IEA was allowed.

Q. What is the Dying Declaration? When it becomes substantive evidence? Refer to the decided cases.

Ans. A statement made by the person whose death is in question explaining the circumstances or transaction leading to death.

A dying declaration means the statement of a person who has died explaining the circumstances of his death.

Dying declaration is admitted in evidence on the principle that “nemo moriturnsproesumiturmentri” it means a man will not meet the maker with a lie in his mouth.

One leading case of dying declaration is Pakala Narayan Swami v. Emperor.

In the case of CherupalliCheliminabi Saheb v. State of Andhra Pradesh. It was held that a dying declaration cannot be relied on if all other witnesses turned hostile. Therefore, the evidentiary value of the dying declaration depends upon the facts and circumstances of the case.

Q. If the maker of the Dying Declaration survives, what does it affect?

Ans. If a person making a dying declaration survives his statement cannot be used as a dying declaration under section 32 of the Evidence Act. It is deemed only a statement recorded during the investigation used U/S 157 IEA.

Q. Whether video conferencing is admissible and IEA?

Ans. Under section 65-A video conferencing is admissible.

Q. Which sections of the Indian Evidence? Act are the exceptions to Sec. 162 of the CrPC?

Ans. Sec. 27 and Section 32 of the Indian Evidence Act.

Q. What is the meaning of ‘Presumption’?

Ans. Presumptions are the result of human experience and reason as applied to the course of nature and the ordinary flow of life. Presumptions are either of law or fact. The presumption is not in itself evidence but only makes a prima facie case for the party in whose favor it exists.

Q. Explain the Presumption of Fact & Presumption of Law?

Ans. Presumption of fact is based on logic human experience and the law of nature. The presumption of fact is always rebuttable. The position of presumption of fact is uncertain and transitory. The presumption of law is based on the provision of law, this is conclusive unless rebutted. The position of Presumption of Law is certain and uniform. (S. 112, S. 41, S. 113) IEA.

Q. What do you mean by Proved, Disproved & Not proved?

Ans. A fact is said to be proved when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent man ought under the circumstances of the particular case, to act upon the supposition that it exists.

A fact is said to be disapproved when, after considering the matters before it the court either believes that it does not exist or considers it nonexistence so probable that a prudent man ought under the circumstances of the particular case to act upon the supposition that it does not exist.

A fact is said to be not proved when it is neither proved nor disproved.

Q. Under which provision is Test Identification (T.I.) The parade is conducted? What precaution is to be taken for this parade? Nature of its evidence? Corroborative, not Substantive

Ans. T.I. Parade has been conducted under section 9 of the Indian Evidence Act if the accused was already well known to the witnesses then T.I. Parade is meaningless.

It is desirable that a test identification parade should be conducted as soon as after the arrest of the accused. The evidence of mere identification of the accused person at the trial for the first time.

Q. What is Plea of Alibi?

Ans. Plea of Alibi Postulate the physical impossibility of the presence of the accused. Plea of Alibi may be taken under section 11 of the Indian Evidence Act.

Q. F.I.R and Complaint are relevant under which section?

Ans. FIR and complaint are relevant under section 27 of the Indian Evidence Act.

Q. What is the Judgment in rem in the provision of the Indian Evidence Act?

Ans. Judgment in rem is judgments that are conclusive not only against the parties to them but also against the world. Section 41 of the Indian Evidence Act deals with judgment-in- rem.

Q. Who is an ‘Expert’?

Ans. The term expert is not defined in Evidence Act for the purpose of section 45 of the Indian Evidence Act expert is a person who is especially skilled in a particular thing.

Q. DNA test report is relevant under which section of the Indian Evidence Act?

Ans. 45 Indian Evidence Act. (Nandlal WasudevBadwaik case)

Q. Narco- Analysis has been declared unconstitutional recently in which case?

Ans. Selvi v. State of Karnataka AIR 2010 SC. it was held that Nacro’s analysis is unconstitutional.

Q. Evidentiary value of the investigation report with the help of the sniffer dogs?

Ans. This is scientific evidence though not sufficient in itself for conviction.

Q. Who is a competent witness? Can a dumb/ insane /minor be a competent witness?

Ans. Every person is competent as a witness unless the court feels that he is not able to understand the question put to him or to give rational answers to them. (S. 118)

Under section 119 of the Evidence Act a dumb witness or witness unable to communicate verbally may give evidence in any other manner. Minor can be a witness. An insane person cannot be a witness. The evidence of Insane is notnecessarily inadmissible unless he is prevented by the disease of mind from rationally understanding or answering questioning.

Q. What is the leading question?

Ans. The term leading question has been defined in section 141 of the Evidence Act. Any question suggesting the answer that the person putting the question wishes to receive. It is called leading question.

Q. When a leading question cannot be asked?

Ans. Under 143 of the Indian Evidence Act, this question cannot be put in examination-in-chief or re-examination if they are objected to.

Q. What is the difference between English & Indian Law on dying declaration?

Ans. According to English Law, the statement of dying declaration is relevant only when the charge is that of murder or manslaughter. In India, it is not necessary that the declarant should be under any expectations of death. If the declarant has in fact died and the statement explains the circumstances then this statement is relevant even if no cause of death had arisen at the time of making the statement.

Q. Can you ask fresh questions in re-examination?

Ans. Fresh questions may be asked with the permission of the Court.

Q. Whether video conferencing is admissible and Indian Evidence Act?

Ans. Under section 65. Video conferencing is admissible.

Q.When the character of the party is relevant? Ans. In civil cases character to prove conduct imputed irrelevant.

Under section 53 of the Indian Evidence Act. In criminal proceedings the fact that the person accused is of a good character is relevant.

Q.“Character” of the witness can be impeached in what provision?

Ans. Under section 155 of the Evidence Act, the character of the witness may be impeachment.

Q.What is a Judicial Notice?

Ans. Facts, which need not be proved are called judicially noticeable. No fact of which the court will take judicial notice need be proved.

Q. Hearsay evidence is no evidence. Is there any exception to this?

Ans. Hearsay evidence means the statement of a person who has not seen the happening of the transaction but heard of it from others.

The doctrine of requestee is an exception to the principle of hearsay. (S. 6 IEA)

Q. Carbon-Copy of a document is treated as which kind of evidence?

Ans. Secondary Evidence.

Q. What is Sec. 88-A and 90-A? Is there any difference between them?

Ans. Section 88-A of the Evidence Act provides the provision according to the presumption as to electronic messages. According to this section, the court may presume that an electronic message forwarded by the originator through an electronic mail server to the addressee corresponds with the massage as fed into his computer for transmission.

Section (90-A) provides a presumption as to electronic records five years old. Where an electronic record purports to be five years old is produced from any custody the court may presume that the digital signature which purports to be the digital signature of any person was so affixed by him or by any person authorized by him in that behalf.

Q. What is the presumption regarding the 30 years old document? Whether the court may presume the contents of such document as true?

Ans. Under section 90 of the Indian Evidence Act, a document which is thirty years old is presumed to be genuine.

It was observed by the Allahabad High Court that the presumption can be raised only in respect of signature and handwriting, but it would not extend further. Therefore the court may not presume the contents of such document as true.

Q. What is the provision for proving the document of a ‘will’ under the Indian Evidence Act?

Ans. The court shall take the presumption of genuineness of will if it is thirty years old.

The following things must be proved for the proving document of will.

1. The will was acted upon after the death of the testator.

2. Testator was in a sound condition of mind at the time of execution.

Q.Explain Patent & Latent ambiguity?

Ans. A patent ambiguity means a defect that is apparent on the face of the document. The provision regarding patent ambiguity has been given under section 93 and 94 of the Evidence Act.

A latent ambiguity means a defect that is not apparent on the face of the record. The provision regarding latent ambiguity has been given under the 95-97 section of the Evidence Act.

Q. What is the difference between the burden of proof & burden of proving?

Ans. The burden of proof means the obligation to prove a fact.

Q. What are Sec.113A and 113B of the Indian Evidence Act?

Ans. Sec. 113-A Evidence Act describes presumption as to abatement of suicide by a married woman. If the woman has been subjected to cruelty under section 498-A IPC then the court may presume that suicide had been abetted by her husband or any of his relatives.

Sec.113-B of the Evidence Act describes the presumption as to dowry death. The presumption shall be taken by the court if the following conditions are satisfied: –

Such presumption can be raised only if the accused is being tried for the offence under section 304-B-IPC.
Such cruelty or harassment was soon before her death.
Such cruelty or harassment was for or in connection with any demand for dowry.
The woman was subjected to cruelty or harassment by her husband or his relatives.

Q. What is Section 114(g) of the Indian Evidence Act?

Ans. Sec. 114(g) lay down that if evidence which can be put is not produced it may be presumed that if produced it would be favorable to the person who withheld it.

Q. What is promissory estoppel?

Ans. If one party has by his words or conduct made to the other a clear and unequivocal promise which is intended to create a legal relationship to arise in the future. Such a promise would be binding on the party making it and he would be not entitled to go back upon his promise. Such a kind of estoppel is called promissory estoppel.

Q. Whether the Evidence Act is either an Adjective Law or Substantive Law?

Ans. The law of Evidence does not affect the substantive right of parties but provides how a fact is to be proved. Therefore, Evidence Act is Procedural law.

Q. There is only one provision of the Indian Evidence Act which deals with the substantive law. Name the provision.

Ans. Sec.6 of the Evidence Act deals with evidence of substantive nature.

Q. Whether the child of 5 years can tender his witness?

Ans. Under section 118 of the Evidence Act, a child of 5 years can tender his witness.

Q. What do you mean by Privileged Communications?

Ans. Certain matters cannot either be compelled to disclose or even if the witness is willing to disclose, he will not be permitted to do so. Such matters are known as privileged communications.

Q. What is the relation between the Sec.123 of the Indian Evidence Act & Right to Information Act?

Ans. Section 123 and Right to information act both based on the maxim “Salus populist Supreme lex” which means public welfare is the highest law.

Q. A, a client has confessed his guilt before his Counsel ‘B’ during engagement as his counsel. Afterwards, client A changed his counsel and appointed C as his counsel. B disclosed the confession A made before him earlier. Whether such communication is privileged or not?

Ans. Under section 126 of the Evidence Act such communication is privileged.

Q. Who is Accomplice?

Ans. An accomplice is a person who is associated with crime or who sustains such a relation to the criminal act that he can be jointly indicated with the principal crime.

Q. Difference between “Accomplice” & “Co-accused”?

Ans. An accomplice is a person who is a guilty associate in a crime. He may be a principle in the first degree or second degree. A co-accused is a person who is accused of having committed a crime with another person. (S. 34 IPC)

Q. What is the purpose of the cross-examination?

Ans. The purpose of the across examination to test the veracity of the witness by impeaching

his credit.

Q. Who is “Hostile Witness”. Where this term is provided under Indian Evidence Act?

Ans. If a witness makes statements against the interest of the party who has called him then he is known as Hostile witness. Section 154 of the IEA is related with this term. He may be an accomplice or not.

Q. What is Sec.165 Indian Evidence Act?

Ans. Section 165 of the Evidence Act makes a provision to put questions to witnesses by the judge.

Q. Refreshing of memory is provided under which section?

Ans. The provision regarding refreshing of memory is given under section 159 of the Evidence Act.

Q. Whether a Judge has power to put any kind of question from the witness? Are there any limitation?

Ans. Section 165 of the Indian Evidence Act provides that there is no limit to the questions which the judge may put.

Q. Explain the meaning of the Sec.167 of the Indian Evidence Act?

Ans. Sec. 167 lays down that the improper admission or rejection of evidence is not a ground for reversal of judgment or for a new trial of the case.

Q. What do you mean by the term “Evidence”?

Ans. Evidence means anything by which any alleged matter of fact is either established or disproved. This section applies to civil and criminal cases.

Q. Which one is the last section of the Indian Evidence Act?

Ans. 167

Q.Whether evidence act applies in Arbitration Proceedings?

Ans. Indian Evidence does not apply to the proceedings before any arbitrator.

Q.What is the date of enforceability of the Indian Evidence Act 1872?

Ans. 1st September 1872

Q.Whether Indian Evidence Act applies in disciplinary proceedings?

Ans. No, Kuldeep Singh v. State of Punjab.1996 SCC

Q.How the fact in the issue will be proved?

Ans. In two ways:

1.Either by direct evidence of them.

2.By the evidence of facts relevant to them.

Q.Whether Indian Evidence Act applies to civil proceedings?

Ans. Yes.

Ans. Section 9 of the Indian Evidence Act.

Q. What is the order of examinations under the Indian Evidence Act?

Ans. The witness shall be first examined in chief.

Q.Define Court?

Ans. The court includes all judges and magistrates and all and all persons, except arbitrators, legally authorized to take evidence.

Q. What do you mean by privileged communications?

Ans. There are certain matters which a witness cannot either be compelled to disclose or even if the witness is willing to disclose he will not be permitted to do so. Such matters are known as privileged Communication.

Q. What do you mean by the term “access”?

Ans. Access means actual sexual intercourse between spouses.

Q. In which segment of law it is given that birth during the marriage is conclusive proof of evidence?

Ans. This is given under section 112 of the Indian Evidence Act.

Q.Point out the situation in which information received from the accused is admitted in evidence?

Ans. In two situations such statements are admitted.

1.If the statement is made in the immediate presence of a magistrate. (S. 26)

2.If the statement leads to the discovery of a fact connected with the crime. (S. 27)

Q. What do you mean by may presume, shall presume, and conclusive prove?

Ans. All are defined under section 4 of the Indian Evidence Act

May presume – (discretion) Court may either regard the fact as proved unless and until it is disproved or may call for proof of it.

Shall presume–(direction)The court shall regard such fact as proved unless and until it is disproved.

Conclusive proof – (declaration) The court shall on proof of the one fact regard the other as proved and shall not allow evidence to be given for the purpose of disapproving it.

Q. Character when Relevant?

Ans. In criminal proceedings the fact that the person accused is of a good character is relevant.

In civil cases evidence of the character of any party to the suit to prove the probability of any conduct imputed to him is irrelevant.

Q. No fact of which the court will take judicial notice need be proved.?

Ans. Section 56 of the Indian Evidence Act.

Q.A wishes to prove a dying declaration by B. Who would prove B’s death?

Ans. “A”

Q.Falsus in UNO, falsun in Omnibus. The meaning of this maxim is…?

Ans. “False in one thing, false in everything.”

Q.How many kinds of estoppels?

Ans. 1. Estoppel by a matter of record.

2. Estoppls by deed.

3. Estoppels in pais.

4. Equitable estoppels

Q.When estoppels in pais arise?

Ans. Such types of estoppelarise: from agreement or contract.

Q. Under which section of the Indian Evidence Act occasion, cause, or effect of facts in the issue are relevant?

Ans. Section 8 Indian Evidence Act.

Q. Under which section of the Indian Evidence Act, the first information report recorded under section 154 Cr. P.C. may be admissible?

Ans. Under section 8.

Q. What is the difference between Confession and Admission?

Ans. A confession is a statement made by an accused person which is sought to be proved against him in a criminal proceeding to establish the commission of an offence by him.

An admission usually relates to a civil transaction and comprises all statements amounting to admissions as defined in S.18.

Q. An accused makes a confession before the jailor. Whether such a confession is relevant?

Ans. Yes, suchconfession made by the accused is relevant because the jailor is not a police officer.

Q. What do you mean by judgment in rem?

Ans. An adjudication Pronounced is called judgment in rem.

Q. Do you agree res judicata is a plea as a matter of evidence?

Ans. Res judica is not a plea as a matter of evidence, but only a plea barring the action as a matter of procedure.

Q. Who is deemed as an accomplice?

Ans. An accomplice is a person who participates in the commission of the actual crime charged against an accused.

Q. Differentiate between Estoppel and Admission?

Ans. 1. Estoppel binds only parties. It cannot be taken advantage of by strangers.

2. Estoppels being a rule of evidence an action cannot be founded on it. An action may be founded on an admission.

Q. The admissions are not conclusive proof but may operate as estoppels in which cases admissions may not operate as estoppels

Ans. When admission is taken by way of fraud, or misrepresentation then admission does not operate as estoppel.

Q. Whether witnesses are compelled to answer?

Ans. Under Section 132, 147 Indian Evidence Act witnesses may be compelled to answer.

Q. What is the difference between estoppels and presumptions?

Ans. An estoppel is a personal disqualification laid upon a person’s particular circumstances from proving a particular fact.

Whereas a presumption is a rule that particular inferences shall be drawn from particular facts whoever proves them.

Q. Who is authorized to put questions under section 165 of the Evidence Act?

Ans. Judge.

Q.How much old electronic records the court can take presumption?

Ans. 5 years old.

Q.What is the leading question?

Ans. The leading question is defined in section 141 of the Indian Evidence Act.

Any question suggesting the answer that the person putting it wishes or expects to receive is called a leading question.

Q. May the character of the witnesses be cross-examined?

Ans. Under section 140 of the Indian Evidence Act witnesses to character may be cross-examined.

Q. When a leading question may be asked?

Ans. Under section 143 of the Indian Evidence Act, leading questions may be asked in cross-examination.

Q. Whose statement is relevant under section 32 of the Indian Evidence Act?

Ans. A person who is not available as a witness mostly the deceased person.

Q. Fact may be proved orally. Which of the section of the Indian Evidence Act relates to the expression?

Ans. Section 59 of the Indian Evidence Act.

Q. What qualification is required for an expert for the purpose of the Indian Evidence Act?

Ans. There are no formal qualifications necessary to qualify a witness as an expert.

Q. Under which section of the Indian Evidence Act rights and customs are relevant?

Ans. Section 13.

Q. What is the difference between the evidence of Accomplish and evidence of co-accused?

Ans. Co-accused confessional evidence is under section 30 of the Indian Evidence Act the necessary condition is the joint trial for the same offence whereas section 133 and section 114(b) provide evidence of accomplishing the accomplish is the person to whom pardon is granted and he becomes a prosecution witness. but there is no such condition in the case of co-accused.

Q. Explain the difference between evidence in civil and criminal proceedings regarding the application of the rule of evidence?

Ans. Rules of evidence are the same both in civil and criminal cases. There is no difference between the rules of evidence in civil and criminal cases. But certain rules are applicable only to criminal cases.

The following are the main point of difference between evidence in civil and criminal proceedings:

In civil cases, issues may be proved by a preponderance of evidence. In criminal cases, issues must be proved beyond any reasonable doubt.
Certain rules of evidence are applicable to criminal cases only because the relevant issues arise only in such cases. Examples in this regard are confessions, dying declarations, the character of the accused, etc.
In civil cases, the rules of evidence may be relaxed by consent of parties or by an order of the Court, e.g., proof by affidavit. It is not so in criminal cases.
In civil cases, it is the duty of the parties to place their case before the Court as they think best, whereas in criminal cases, it is the duty of the Court to bring relevant evidence on the record to see that justice is done.

Q. What do you mean by Fact?

Ans. According to a layman, the term ‘fact’ means an existing thing. It does not refer to a mental condition of which a person is conscious. Fact is something definite as opposed to guess or fancy. However, according to the definition contained in the section and the illustrations appended to it; statements, feelings, opinions, and state of mind are as much fact as any other fact that is tangible and visible or any other circumstance of which, through the medium of senses we become aware.

Q. What is Conclusive proof?

Ans. Whenever it is mentioned that a fact is conclusive proof of another fact, the court has no discretion at all. It cannot call upon a party to prove that fact nor can it allow the opposite party to adduce evidence to disprove that fact.

Q.Whether a statement of a child is admissible?

Ans. A child even of 6 or 7 years of age may be allowed to testify if the court is satisfied that he/she hasthe capacity to give rational testimony.

It is desirable that the trial judge, who has the child before him, should record his opinion that the child understands and gives rational answers.