CLAT PG Procedural And Evidence Law Flashcards

24 sample cards from the Procedural And Evidence Law deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What does 'investigation' include under the CrPC/BNSS?

   Investigation includes all proceedings for the collection of evidence conducted by a police officer (or authorised person), comprising proceeding to the spot, ascertaining facts, discovery and arrest of the suspect, collection of evidence, and formation of opinion in the charge-sheet.

2. What is a charge-sheet (police report) and under which section is it filed?

   A charge-sheet is the final report submitted by the police on completion of investigation under Section 173 CrPC (Section 193 BNSS), stating whether an offence appears to have been committed and by whom; it enables the magistrate to take cognizance.

3. What are the constitutional and statutory rights of an arrested person?

   Right to know grounds of arrest (Art. 22(1), Sec 50 CrPC); right to consult and be defended by a lawyer (Art. 22(1)); right to be produced before a magistrate within 24 hours (Art. 22(2), Sec 57); protection against self-incrimination (Art. 20(3)); and free legal aid (Art. 39A).

4. What is the significance of the 24-hour rule under Section 57 CrPC and Article 22(2)?

   No person arrested can be detained in custody beyond 24 hours (excluding travel time) without being produced before the nearest magistrate. Further detention requires a magistrate's authorisation under Section 167 CrPC (Section 187 BNSS).

5. Distinguish between bailable and non-bailable offences.

   In a bailable offence, bail is a matter of right and the police/court must release the accused on bail. In a non-bailable offence, bail is at the discretion of the court, which weighs the gravity of the offence and other factors.

6. What is anticipatory bail and under which provision is it granted?

   Anticipatory bail is a direction to release a person on bail in anticipation of arrest for a non-bailable offence, granted by the High Court or Court of Session under Section 438 CrPC (Section 482 BNSS).

7. What is the maximum period of police custody for an arrested person under Section 167 CrPC, and how does the BNSS change it?

   Under Section 167 CrPC, police custody could not exceed 15 days from arrest. Under Section 187 BNSS, the 15 days of police custody may be sought in parts within the first 40 or 60 days of the overall detention period, a key change from the CrPC.

8. What is 'default bail' (statutory bail) under Section 167(2) CrPC?

   If investigation is not completed and a charge-sheet not filed within 60 days (offences punishable up to 10 years) or 90 days (offences with death/life/10+ years), the accused is entitled to be released on bail as a matter of right, irrespective of the offence's nature.

9. What is the difference between a summons case and a warrant case?

   A warrant case relates to offences punishable with death, life imprisonment, or imprisonment exceeding two years. A summons case is any case that is not a warrant case. The trial procedures differ, warrant cases having more elaborate safeguards.

10. What is the difference between 'discharge' and 'acquittal' in a criminal trial?

    Discharge occurs before the framing of charge when the court finds no sufficient ground to proceed; the trial does not commence on merits. Acquittal occurs after a full trial when the prosecution fails to prove guilt beyond reasonable doubt.

11. What is the standard of proof in a criminal trial, and on whom does the burden lie?

    The prosecution must prove the guilt of the accused 'beyond reasonable doubt.' The burden lies on the prosecution throughout; the accused is presumed innocent until proven guilty.

12. What is a plea bargaining and where is it provided in the criminal procedure law?

    Plea bargaining is a pre-trial negotiation where the accused agrees to plead guilty in exchange for a lighter sentence, available for certain offences (not those punishable with death, life, or imprisonment over 7 years, nor offences against women/children below 14). It is in Chapter XXIA CrPC (Chapter XXIII BNSS).

13. What are the three new criminal codes replacing the IPC, CrPC, and Indian Evidence Act, and when did they come into force?

    The Bharatiya Nyaya Sanhita (BNS) replaces the IPC; the Bharatiya Nagarik Suraksha Sanhita (BNSS) replaces the CrPC; and the Bharatiya Sakshya Adhiniyam (BSA) replaces the Indian Evidence Act. All came into force on 1 July 2024.

14. What are the key procedural innovations introduced by the Bharatiya Nagarik Suraksha Sanhita (BNSS)?

    Key changes: Zero FIR and e-FIR recognition; mandatory videography of search and seizure; time-bound investigation and judgment; mandatory forensic investigation for offences punishable with 7+ years; trial in absentia of proclaimed offenders; and Sec 187 police-custody restructuring.

15. Under the Evidence Act/BSA, what is the meaning of a 'fact in issue' versus a 'relevant fact'?

    A 'fact in issue' is a fact from which, alone or with others, the existence/non-existence of a right or liability asserted in the proceeding necessarily follows. A 'relevant fact' is one connected to a fact in issue in any of the ways laid down in the relevancy provisions (Sections 5-55 IEA / BSA equivalents).

16. What is the doctrine of res gestae in the law of evidence?

    Under Section 6 IEA (Section 4 BSA), facts so connected with a fact in issue as to form part of the same transaction are relevant, even if not in issue, whether they occurred at the same time and place or at different times and places. It admits spontaneous, contemporaneous statements/acts.

17. When are 'motive, preparation, and previous or subsequent conduct' relevant under the Evidence Act?

    Under Section 8 IEA, any fact showing or constituting a motive or preparation for any fact in issue/relevant fact, and the previous or subsequent conduct of any party or agent influenced by or influencing the proceeding, is relevant.

18. What is the rule on relevancy of conspiracy evidence under Section 10 IEA?

    Where there is reasonable ground to believe two or more persons conspired together, anything said, done, or written by any one of them in reference to their common intention is a relevant fact against each of the conspirators, for proving the existence of the conspiracy and the parties' participation.

19. What is the difference between an admission and a confession?

    An admission is a statement (oral/documentary) suggesting an inference as to a fact in issue/relevant fact, made by a party, in civil or criminal matters. A confession is a species of admission, made by an accused in a criminal case, directly admitting guilt or substantially all the facts constituting the offence.

20. Are confessions made to a police officer admissible? State the relevant provisions.

    No. Under Section 25 IEA (Section 23 BSA), a confession made to a police officer is inadmissible against the accused. Section 26 bars confessions made while in police custody unless in the immediate presence of a magistrate. Section 27 is the exception permitting discovery of facts.

21. What does Section 27 of the Evidence Act provide regarding information leading to discovery?

    Where any fact is deposed to as discovered in consequence of information received from an accused in police custody, so much of that information as distinctly relates to the fact thereby discovered may be proved, even though it would otherwise be a barred confession.

22. What is a dying declaration and under which provision is it admissible?

    A dying declaration is a statement by a person, since deceased, as to the cause of death or the circumstances of the transaction resulting in death. It is admissible under Section 32(1) IEA (Section 26 BSA) as an exception to the hearsay rule and can form the sole basis of conviction if found reliable.

23. What is the difference between primary and secondary evidence of a document?

    Primary evidence (Section 62 IEA) is the document itself produced for inspection. Secondary evidence (Section 63) includes certified copies, copies made from the original, and oral accounts of contents, admissible only when conditions in Section 65 are met (e.g., original lost or in opponent's possession).

24. What is the difference between the burden of proof and the onus of proof?

    The burden of proof (Section 101 IEA) lies on the party asserting the affirmative of an issue and never shifts. The onus of proof shifts from party to party during the trial as evidence is led and presumptions arise. Section 102 fixes initial burden on the party who would fail if no evidence were given.

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