India · 3rd Year · Law of Evidence (BSA / IEA)
Evidence Act Sections II
Relevance, presumptions and witnesses.
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Show all 9 questions and answers in this book
1.IEA s 6 — doctrine?
Res gestae: facts forming part of the same transaction as the fact in issue are relevant.
Indian Evidence Act 1872, s 6
2.IEA s 8?
Motive, preparation, and previous or subsequent conduct are relevant.
Indian Evidence Act 1872, s 8
3.IEA s 45?
Opinions of experts on foreign law, science, art, handwriting or finger impressions are relevant.
Indian Evidence Act 1872, s 45
4.IEA s 112?
Birth during a valid marriage, or within 280 days of its dissolution with the mother unmarried, is conclusive proof of legitimacy unless non-access is proved.
Indian Evidence Act 1872, s 112
5.IEA s 113B?
Where a woman is shown to have been subjected to cruelty or harassment for dowry soon before her death, the court shall presume the person did cause the dowry death.
Indian Evidence Act 1872, s 113B
6.Accomplice evidence — ss 133 and 114 illustration (b)?
An accomplice is a competent witness and a conviction on uncorroborated accomplice evidence is not illegal (s 133); but the court may presume an accomplice is unworthy of credit unless corroborated (s 114 ill. (b)).
Indian Evidence Act 1872, ss 133, 114
7.IEA s 141?
A leading question is one suggesting the answer the questioner wishes or expects; generally not allowed in examination-in-chief.
Indian Evidence Act 1872, ss 141–142
8.Selvi v State of Karnataka (2010) — held?
Involuntary narco-analysis, polygraph and brain-mapping tests violate Article 20(3) and the right to privacy under Article 21.
(2010) 7 SCC 263
9.Nandini Satpathy v P.L. Dani (1978) — held?
Article 20(3) protection against self-incrimination extends to police interrogation and the accused may refuse to answer incriminating questions.
(1978) 2 SCC 424