West Bengal Legal Service – 2010 – Evidence Act
West Bengal Legal Service – 2010 – Evidence Act
Total marks – 100 Duration – 3 hours
Group – A
EVIDENCE ACT, 1872
All questions carry equal marks.
1. What do you mean by the term “Conclusive Proof” ? Give two examples.
2. Define and illustrate secondary evidence.
3. Explain the term “Competent to testify” and also state whether a lunatic is competent to testify.
4. A is on trial for the murder of his second wife Rani in administering arsenic to her. Discuss the relevancy of the evidence of –
a. Statement made by Rani during her illness as to her symptoms.
b. The fact that A had administered arsenic to his first wife, who as a result, died.
c. D, a friend o£ A who says, “A and I put arsenic in Rani’s food with a view to cause her death.”
5. In a suit, the age of the defendant is a material issue. The defendant, to prove his age, tenders in evidence an entry regarding it made by his deceased father in a book in which he used to make similar entries with regard to his family. Would you hold such entry Admissible” in’ evidence? If so, for what purpose ? Is there any difference in this respect between English and Indian Law ?
Group – B
INDIAN PENAL CODE, 1860
All questions carry equal marks.
6. “Man’s motives are irrelevant in law” – Comment.
7. Explain the following terms as defined in the Indian Penal Code –
a. Voluntary
b. Injury
c. Good faith
8. What offences have been committed in the following cases and by whom ?
a. A knows Z, to be behind a bush. B does not know it. A intending to cause or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z.
b. A offers a bribe to B, public servant, as a reward for showing A some favour in the exercise of B’s official function. B accepts the bribe.
c. A instigates B to give false evidence. B, in consequence of the instigation, commits that offence.
d. A in order to avoid pecuniary injury offers a bribe to a public servant.
9. Distinguish between Riot and Affray.
10. Who is public servant as defined in the Indian Penal Code ? Discuss.