All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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24.

The Question is , whether A owes B rupees 10,000. Which of the following statements are relevant under Evidence Act

A: The fasts that A asked C to lend him money,
B: D said to C in A’s presence and hearing – “I advise you not to trust A, for he owes B 10,000 rupees,”
C: A went away without making any answer
D: All of the above

The answer is: D

Explanation

The correct option is D: All of the above.

All the statements are relevant under the Evidence Act as they have some connection with the fact in issue, i.e., whether A owes B rupees 10,000.

- Statement A is relevant under Section 8 of the Evidence Act, which states that any conduct of a person which influences the facts in issue or relevant facts is relevant. A's request to C for lending money shows that A was in need of money and may have borrowed from B.

- Statement B is relevant under Section 10 of the Evidence Act, which states that anything said, done or written by any one of the conspirators in reference to their common intention is relevant against the other conspirators. If D and B were conspiring to defraud A, then D's statement to C in A's presence and hearing is relevant to prove the existence of the conspiracy and that A was a party to it.

- Statement C is relevant under Section 8 of the Evidence Act, which states that any conduct of a person which influences the facts in issue or relevant facts is relevant. A's silence in response to D's statement may be construed as an admission of his debt to B.