• Can direct evidence still be challenged in court? If so, on what grounds?
• If a witness testifies directly against the accused, but their credibility is questionable, should the court still accept it as direct evidence?
2. Circumstantial Evidence
• Is it possible for a case to be proven solely on circumstantial evidence? What
standards must be met for it to be sufficient? • Can circumstantial evidence ever be stronger than direct evidence? Provide an example where this might be the case.
3. Primary (Best) Evidence
• If the original document is lost or destroyed, what steps must be taken before secondary evidence can be admitted in its place? • How does the “best evidence rule” impact the admissibility of electronic records or digital documents?
4. Secondary Evidence
• Under what circumstances can secondary evidence be admitted without
presenting the original document? • Can a photocopy of a signed contract be accepted as evidence if the original is lost, but its authenticity is disputed by the opposing party?
5. Oral Evidence
• How does the court determine the reliability of oral evidence when there are conflicting testimonies from witnesses? • Can oral evidence override documentary evidence when the two conflict? Provide a legal basis for your answer.
6. Documentary Evidence
• When can a document be deemed inadmissible even if it appears to be relevant
to the case? • How should the court address the issue if a party claims that a document has been tampered with or is a forgery?
7. Real Evidence
• How does the chain of custody impact the admissibility of real evidence? • If a piece of real evidence, such as a weapon, is mishandled by law enforcement, can it still be admitted in court? What factors would influence this decision?
8. Hearsay Evidence
• Under what exceptions can hearsay evidence be admitted in court? Give an
example where hearsay might be crucial. • If a witness recounts a statement made by the victim before their death, how does the court determine whether it qualifies as a dying declaration or hearsay?
9. Expert Evidence
• How should a court evaluate the credibility of an expert witness, especially when experts from opposing sides present contradictory opinions? • Can expert evidence be disregarded if the expert’s qualifications are later found to be inadequate?
10. Forensic Evidence
• What happens if forensic evidence is inconclusive or contradicts the eyewitness
testimony? Which should be given more weight, and why? • How can the defense challenge forensic evidence that appears to be scientifically valid?
11. Corroborative Evidence
• If two pieces of corroborative evidence contradict each other, how should the court determine which one to rely on? • Is corroborative evidence always necessary, or can a single piece of strong evidence suffice to prove a case?
12. Digital Evidence
• What are the legal challenges associated with admitting digital evidence, especially when it is obtained from a social media platform or email? • If digital evidence has been altered or edited, how does the court decide on its admissibility?
13. Character Evidence
• Under what circumstances is character evidence admissible, and how does it
impact the fairness of a trial? • Can positive character evidence be used to defend the accused in cases where there is strong evidence of guilt? 14. Illegally Obtained Evidence
• Should illegally obtained evidence ever be admissible in court, especially if it
proves the guilt of the accused beyond reasonable doubt? • How does the exclusionary rule apply to evidence obtained through illegal searches under Indian law?
15. Judicial Notice
• Can a court take judicial notice of facts that are not commonly known but are easily verifiable through public records? Why or why not? • If a party disagrees with a fact of which the court has taken judicial notice, what recourse do they have to challenge it?
16. Confessional Evidence
• If a confession is made under duress or due to inducement, what must the
defense prove to have it excluded from evidence? • How does the court determine the voluntariness of a confession when there is no evidence of coercion, but the accused later claims it was forced?
17. Dying Declaration
• Is a dying declaration always admissible, or are there circumstances where it
may be excluded? • How does the court assess the reliability of a dying declaration, especially when it is the only piece of evidence against the accused?
