Multiple Choice Questions (MCQs) and answers on Indian Evidence Act especially compiled for students!
1. A prosecution witness, by viewing a NDTV’s news film, identified the accused as a member of a group of persons who had caused serious public disturbance. The original film was retained by NDTV and at trial the prosecution relied on the video cassette, which the Court was satisfied was an authentic copy of the original film. The evidence-
A. Is admissible, as the rules for submitting primary documents cannot be extended to films
B. Is not admissible as the original is in existence, the secondary document cannot be used
C. Is not admissible as the Court is competent to order NDTV to submit the original film
D. Is admissible as the Original document is a public document
Ans. A
2. In which of the following circumstances will section 71 of the Indian Evidence Act, 1872 NOT apply?
A. In case the attesting witness turns hostile
B. In case out of two attesting witnesses one fails to prove the execution of the will
C. In case the attesting witness does not recollect the execution of the document
D. In case the document is a will or testamentary document
Ans. B
3. Which of the following statements hold true under the provisions of section 73 of the Indian Evidence Act, 1872?
A. The writings obtained under this section will fall within the expression ‘evidence’
B. The Court can send the documents to an expert who is a prosecution witness
C. The Court can call upon the accused to give his writing in Court
D. The person required by the Court to give a specimen cannot refuse to do so
Ans. C
4. Which of the following documents is NOT a public document?
A. Registered power of attorney
B. Records of Nationalised banks
C. A death certificate
D. Certified copy of annual return of the Company is a public document
Ans. A
5. A marriage certificate –
A. Is proof of a valid marriage per se
B. Is a determining factor regarding the validity of the marriage
C. Is of great evidentiary value in family matters
D. All of the above
Ans. C
6. A letter purporting to be issued from the Chief Secretary to the Government of Bengal was signed by a deputy secretary not in his official capacity, but for the Chief Secretary. The Court –
A. Can draw a presumption under section 79 of the Indian Evidence Act, 1872 that the document is an authorised document
B. Can draw a presumption under section 81 of the Indian Evidence Act, 1872 that the document is an authorised document
C. Can draw a presumption under section 83 of the Indian Evidence Act, 1872 that the document is an authorised document
D. Cannot draw a presumption under the provisions of the Indian Evidence Act, 1872 that the document is an authorised document
Ans. D
7. B executed a power of attorney in USA, and submitted it as evidence in Punjab and Haryana High Court. The power of attorney was not authenticated by the Indian Consul or any other relevant Indian Authority in US. The relevant laws in the United States about the power of the Notary Public were also not cited. The authenticity of the power of attorney –
A. Must be presumed under section 85 of the Indian Evidence Act, 1872
B. May be presumed under section 85 of the Indian Evidence Act, 1872
C. Cannot be presumed under section 85 of the Indian Evidence Act, 1872
D. May be presumed under section 84 of the Indian Evidence Act, 1872
Ans. C
8. Under the provisions of the Indian Evidence Act, 1872 which of the following presumptions can be made with regards to telegraphic messages?
I. That the message was received as it was sent
II. That the message was sent by the person purporting to send the message
III. That the message was delivered to the addressee on the date indicated thereon
IV. The contents of the message are authenticated and true
A. I and II
B. I and III
C. II and IV
D. IV and III
Ans. B
9. B sues to recover one-fourth of the price of the house alleged to have been sold by the A to C. The proper registered sale deed is available. The claim is based on local custom. The transaction between A and C was ostensibly not a sale but a usufructuary mortgage. B wants to give oral evidence in support of this. Which of the following statements will be true for the case?
A. B is not a party to the transaction between A and C as such he is entitled to give evidence
B. The evidence by B will be hit by section 92 of the Indian Evidence Act, 1872 and as such will not be admissible
C. The B is not a party to the transaction between A and C, as such he cannot give oral evidence
D. A and C have committed a fraud, as such the evidence of B is admissible as long as it is supported by written proof
Ans. A
10. Which of the following statements concerning the burden of proof are false?
A. Deposit of money in wife’s name does not amount to a gift. If anybody says it was a gift he must prove it
B. Tenant taking a plea that the suit premises wad not vacated by him, will need to prove it
C. In determining whether a trust is public or private, the burden of proof lies with a person asserting that it is a public one
D. In the plea challenging the constitutionality of the stature, the burden of proof is on the person challenging the constitutionality
Ans. C
11. Which of the following section of the Indian Evidence Act deals with questions lawful in cross-examination?
A. Section 139
B. Section 166
C. Section 140
D. Section 146
Ans. D
12. Four murders took place in the house of the accused, and the accused tried to commit suicide in his house. Which of the following statement will hold true in this case?
A. This being a criminal case the burden of proof is on the prosecution
B. The burden of proof will lie on the accused under section 101 of the Indian Evidence Act, 1872 because his actions are suspicious
C. The burden of proof will lie on the accused under section 102 of the Indian Evidence Act, 1872 because the accused will fail if no evidence is given by him
D. The burden of proof will fall of the accused under section 106 of the Indian Evidence Act, 1872 because the facts were in the special knowledge of the accused
Ans. D
13. Shortly before the death of the victim, both the accused, a man and a woman had entered the house of the victim. They bolted the door from inside and did not open it despite tapping several times. The door had to be broken by the neighbours and the relatives. Both the accused were found hiding under the cot in the bedroom of the deceased. The deceased was lying dead with the injuries on his person. Which of the following statements will apply to the case?
A. The burden of proof will lie on the accused under section 102 of the Indian Evidence Act, 1872 because the accused will fail if no evidence is given by them
B. The burden of proof will lie on the accused under section 105 of the Indian Evidence Act, 1872 because special circumstances exist in this case
C. The burden of proof will fall of the accused under section 106 of the Indian Evidence Act, 1872 because the facts were in the special knowledge of the accused
D. The burden of proof will lie with the prosecution under section 101 of the Indian Evidence Act, 1872 because they have to prove the murder
Ans. C
14. Which of the following statements do NOT hold true for the section 108 of the Indian Evidence Act, 1872?
A. The rule of Muhammadan Law that a missing person is to be regarded as alive till the expiry of 21Rs ninety years from the date of birth is superseded by this section
B. The rule of Hindu Law that twelve years must elapse before an absent person, of whom nothing has been heard during the period is superseded by this section
C. The burden of proof lies with the person claiming that the death has not happened
D. None of these
Ans. D
15. In which of the following cases will the presumption against the accused NOT arise?
A. A Government Servant was found in possession of assets disproportionate to his earning. Presumption of corruption
B. A newly born child was injured in the Government Hospital. Presumption of negligence by the Staff
C. One joint owner was permitted to be in possession for a long period of over 50 years without any protest or objection. Presumption regarding exclusive ownership
D. Death of a person occurred in police custody. Presumption of murder
Ans. D
16. Which of the following cases can the Court make presumptions?
A. Property in name of co-sharers. Presumption that it is ancestor’s property
B. A registered sale deed. Presumption of genuineness
C. A letter sent by registered post, is not returned to sender within 15 days. Presumption that the letter has been delivered
D. Delivery of post card by the post office. Presumption that it was send by the sender
Ans. B
17. Which of the following statements are true regarding the difference between res judicata and estoppels?
A. Estoppels outs the jurisdiction of the Court, res judicta shuts the mouth of the party
B. Estoppels belongs to the procedure, res judicta is part of Law of evidence
C. Estoppels prevents a man saying one thing at one time and opposite at another, res judicta precludes a man averring the same thing twice over in successive litigations
D. All of these
Ans. C
18. The father and one of his son were judgement debtors in a decree of eviction ant they had applied for a review. The father died and the son continued the review proceedings without asking for substitution of his brothers for the deceased father. He was not latter allowed to challenge the validity of the execution proceedings because of the absence of legal representatives. This is an example of –
A. Estoppels by matter of record
B. Estoppels by deed
C. Estoppels in pais
D. Waiver
Ans. A
19. In an accident claim petition the owner of the vehicle did not file the original policy and made no objection to the genuineness of the printed copy filed by the insurance company, the owner cannot later on make objection to its genuineness. This is an example of –
A. Estoppels by matter of record
B. Estoppels by deed
C. Estoppels in pais
D. Waiver
Ans. C
20. A University was charging different fee from different batches and the batch B was subjected to higher and the structure of the fee was clearly disclosed in the prospectus. Can the students in batch B challenge the validity of the fee structure?
A. No, applicability of promissory estoppels stops them from challenging the structure
B. No, they by taking admission gave up the right of parity treatment with others
C. Yes, there is no ground for estopping them from challenging the validity of the fee structure
D. No, by accepting the admission they have waivered their right to object
Ans. C
21. Which of the following statements is NOT true for the principle of Estoppels?
A. It cannot operates against statute
B. It cannot operate on point of Law
C. It does not require fraudulent intentions
D. It can be ambiguous
Ans. D
22. A Child witness below the age of____________ cannot give evidence in the Indian Courts.
A. 15 years
B. 12 years
C. 10 years
D. There is no such limit
Ans. D
23. Which of the following statements do NOT hold true for admissibility of the evidence?
A. A party filing a document cannot urge its inadmissibility when the opposite party seeks to use it against him
B. The fact that a document was procured by improper of illegal means will not be a bar to its admissibility if it is relevant and its genuineness proved
C. The faculties of a sniffer dog may be taken as evidence for the purpose of establishing the guilt of an accused
D. If the evidence is irrelevant, consent of the parties cannot make it relevant
Ans. C
24. Consider the following facts.
I. Witness disposed that immediately after the occurrence; his niece told him that his wife was shot by the accused
II. Witness deposed that the deceased had made certain statements to him either nine months or ten days prior to his murder
III. The accused intruded into the victim’s house and inflicted gun-shot injury on him. He was able to identify him, before dying he stated that the accused was standing with a gun before him, he also explained the time, space, proximity between him and the assailant
IV. The accused assaulted the deceased and within half an hour of the incident told the brother of the deceased of his act
Which of them are relevant under section 6 of the Indian Evidence Act, 1872?
A. I and II
B. II, III and IV
C. I, II and III
D. Ill and IV
Ans. C
25. Which of the following facts will NOT be relevant under section 8 of the Indian Evidence Act, 1872?
A. The conduct of an accused in absconding when the police got suspicious of his complicity in the offence of murder
B. The presence of the accused before and after the incident in the vicinity of the village in which dacoity took place
C. In case of bride burning, the conduct of the husband after the incident
D. All of these
Ans. D
26. In which of the following cases NOT holding a test identification parade will prove fatal?
A. In an offense of rape, accused was not known to the victim. No test identification parade was held for three years after the occurrence
B. A murder took place in a rickshaw, the accused was known to the rickshaw puller. The rickshaw puller was with the accused for more than three hours and witnessed the killing
C. Accused fatally assaulted the husband of the eye witness, she identified him for the first time in the Court
D. All the witness stated that they had otherwise known the accused persons, they being not strangers, and they recognised them in moonlight and lantern light, it was held that a test identification parade was not necessary
Ans. A
27. The motives are covered under –
A. Section 7 of the Indian Evidence Act, 1872
B. Section 8 of the Indian Evidence Act, 1872
C. Section 9 of the Indian Evidence Act, 1872
D. Section 10 of the Indian Evidence Act, 1872
Ans. B
28. Which of the following need NOT be established for making the evidence admissible under section 10 of the Indian Evidence Act, 1872?
A. There must be reason to believe that there was a conspiracy
B. There must be reason to believe that the accused persons were members of the conspiracy
C. The evidence must be related to things said, done or written
D. The offence must have been committed
Ans. D
29. Which of the following statements are true for the pleas of alibi?
A. The fact that the accused resorted to false plea of alibi is positive evidence that the accused is responsible for the offence
B. The plea of alibi need not be proved with absolute certainty, benefit of the doubt is given to the accused
C. A false plea of alibi can be regarded as link in the chain of circumstances leading to conviction
D. The plea of alibi is not admissible under section 11 of the Indian Evidence Act, 1872
Ans. C
30. Which of the following statements hold true for the admissions?
A. The admissions made to strangers are not admissible under the Indian Evidence Act, 1872
B. Before admitting the evidence of the admission, it should be brought to the notice of the party who made it
C. Admissions can be oral as well as written in documents
D. Only judicial admissions are acceptable under the Indian Evidence Act, 1872
Ans. C
31. Section 18 of the Indian Evidence Act, 1872 lays down five classes of people who can make admissions. Which of the following is NOT one of them?
A. Party to the proceedings
B. Agent authorised by the party of the proceedings
C. Party suing or being suing in the representative character making admission while holding the character
D. Witness for the party suing or being sued in the representative character making the admission as a witness
Ans. D
32. Which of the following admissions will NOT be binding under section 18 of the Indian Evidence Act, 1872?
A. The statement made by the suspect before the Coroner
B. An admission by a counsel or pleader on the point of Law
C. An admission by a counsel or pleader on the point of fact
D. Admission by a partner of a dissolved firm on the other partners when they have an identical interest in the subject matter of the suit
Ans. B
33. Which of the following statements hold true regarding the admissibility of admissions under section 19 of the Indian Evidence Act, 1872?
A. The admissions must satisfy the requirements of section 17 of the Indian Evidence Act, 1872
B. The admissions need not satisfy the requirements of section 17 of the Indian Evidence Act, 1872
C. The admissions must satisfy the requirements of section 21 of the Indian Evidence Act, 1872
D. The admissions cannot satisfy the requirements of section 21 of the Indian Evidence Act, 1872
Ans. A
34. Which of the following statement holds true for the section 21 of the Indian Evidence Act, 1872?
A. It only applies to civil cases
B. It only applies to criminal cases
C. This section is subject to section 24, 25 and 26 of the Indian Evidence Act, 1872
D. The section does not apply to the admissions made to strangers
Ans. C
35. Which of the following sections of the Indian Evidence Act, 1872 deals with ‘without prejudice’ rule?
A. Section 21
B. Section 22
C. Section 23
D. Section 24
Ans. C
36. The confession of an accused is only relevant against him. Which of the following sections of the Indian Evidence Act, 1872 is an exception to this rule?
A. Section 23
B. Section 25
C. Section 28
D. Section 30
Ans. D
37. Generally In which of the following cases the confession of the person will be valid?
A. If it is made to the police officer
B. If it is made in the presence of a police officer
C. If it is made in the presence of two independent witnesses while in the custody of the Police Officer
D. If it is made in the presence of a Magistrate when the accused is in the custody of the Police Officer
Ans. D
38. Which of the following statement is NOT true regarding the extra-judicial confessions?
A. It is a weak evidence by itself
B. It should be made voluntarily and should be truthful
C. It cannot by itself become basis of conviction
D. It should inspire confidence
Ans. C
39. In a murder case before identification of the culprit, B wrote a letter of confession to the police officer. At the time of writing the letter there was no suspicion cast on B. Choose the most relevant answer from the following choices.
A. Is inadmissible as it was made to a police officer
B. Admissible as it was made voluntarily, the fact it was made before the police officer is irrelevant
C. Admissible as it was neither made in police custody nor in the presence of the police officer
D. Inadmissible as it was not made before the magistrate
Ans. C
40. While the accused was in the lock-up of the Magistrate under trial, he was sent by the Magistrate to a hospital for treatment. He was taken from the lock-up to the dispensary by two policemen who waited outside on the verandah of the hospital. During the examination inside the dispensary by the doctor, the accused made a confession of his guilt to another patient who happened to be there within the hearing of the doctor. Which of the following statements will hold true for the case?
A. The confession is inadmissible because it was made in the presence of the doctor
B. The confession in inadmissible as the accused was in the police custody at the time of making the confession
C. The confession is admissible because the accused ceased to be in police custody the movement he entered the hospital
D. The confession is admissible as it is in form of extrajudicial confession and the doctor in not a person in authority
Ans. B
41. Which of the following conditions are essential for applicability of section 27 of the Indian Evidence Act, 1872?
I. The person giving information must be in police custody
II. The person giving information must NOT be in police custody
III. The person giving the information must not be accused of any offence
IV. The person giving the information must be accused of any offence
A. I and III
B.I and IV
C. II and III
D. II and IV
Ans. B
42. Which of the following confessions CANNOT be admitted under section 29 of the Indian Evidence Act, 1872?
A. The accused asked the police officer to post the letter for him. Police officer promised to do so and the accused handed over his letter to the officer. The police officer handed over the letter to the prosecution
B. The evidence of a police officer who overheard an accused person’s statement made in another room and in ignorance of the policeman’s vicinity and uninfluenced by it
C. A person while in sleep confessed his guilt and the police officer nearby heard the confession
D. The police officer gave liquor to the accused, and the accused made the confession to the magistrate under the influence of the liquor
Ans. A
43. The evidence accepted by the Court under section 30 of the Indian Evidence Act, 1872-
A. Amounts to proof
B. May be used as the basis of conviction
C. Cannot be used as the basis of conviction
D. Cannot be used for corroboration
Ans. C
44. Which of the following statements hold true for a retracted confession?
A. It cannot be used as evidence
B. It can be acted upon only if substantially corroborated by independent circumstances
C. Cannot be disregarded even if proved to be obtained under duress
D. None of these
Ans. B
45. Which of the following sections of the Indian Evidence Act, 1872 states that the admissions can operate as estoppels?
A. Section 28
B. Section 30
C. Section 31
D. Section 34
Ans. C
46. Persons who can make admissions are mentioned in:
(a) section 17 of Evidence Act
(b) section 20 of Evidence Act
(c) section 19 of Evidence Act
(d) section 18 of Evidence Act.
Ans. (d)
47. Admissions by agents are:
(a) admissible in civil proceedings under all circumstances
(b) admissible in civil proceedings only if the agent has the authority to make admissions
(c) never admissible in criminal proceedings
(d) both (b) & (c).
Ans. (d)
48. Admissions made by a party are evidence against:
(a) privies in blood
(b) privies in law
(c) privies in estate
(d) all the above.
Ans. (c)
49. Which of the following admission is no evidence:
(a) an admission by one of the several defendants in a suit against another defendant
(b) an admission by a guardian ad litem against a minor
(c) an admission by one of the partners of a firm against the firm or other partners
(d) only (a) & (b).
Ans. (d)
50. When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. It has been so provided:
(a) under section 21 of Evidence Act
(b) under section 20 of Evidence Act
(c) under section 19 of Evidence Act
(d) under section 17 of Evidence Act.
Ans. (c)
51. In a reference made over a disputed matter to a third person, the declaration so made by that person shall be an evidence against the party making a reference, by virtue of:
(a) section 17 of Evidence Act
(b) section 19 of Evidence Act
(c) section 20 of Evidence Act
(d) section 21 of Evidence Act.
Ans. (c)
52. Communication made ‘without prejudice’ is protected:
(a) under section 22 of Evidence Act
(b) under section 23 of Evidence Act
(c) under section 24 of Evidence Act
(d) under section 21 of Evidence Act.
Ans. (b)
53. Confession caused by inducement, threat or promise is contained in:
(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) section 27 of Evidence Act.
Ans. (a)
54. Section 24 of Evidence Act applies:
(a) when the inducement, threat or promise comes from a person in authority
(b) when the inducement is of a temporal kind
(c) when the inducement is spiritual or religious
(d) only (a) & (b) are correct.
Ans. (d)
55. A confession made to a police officer is inadmissible under:
(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) section 27 of Evidence Act.
Ans. (b)
56. A confession to be inadmissible under section 25 of Evidence Act:
(a) must relate to the same crime for which he is charged
(b) must relate to another crime
(c) may relate to the same crime or another crime
(d) only (a) is correct and (b) is incorrect.
Ans. (c)
57. Which of the following is not given by section 25 of Evidence Act:
(a) confessions made to custom officers
(b) confession made to a member of Railway Protection Force
(c) confession made to an officer under FERA
(d) all the above.
Ans. (d)
58. A retracted confession:
(a) can be made solely the basis of conviction
(b) cannot be made solely the basis of conviction under any circumstances
(c) cannot be made solely the basis of conviction unless the same is corroborated
(d) both (a) & (c) are incorrect.
Ans. (c)
59. A confession made by a person while in police custody is inadmissible as per:
(a) section 25 of Evidence Act
(b) section 26 of Evidence Act
(c) section 27 of Evidence Act
(d) section 30 of Evidence Act.
Ans. (b)
60. A confession made while in police custody is admissible under section 26 of Evidence Act:
(a) if made in the presence of a doctor
(b) if made in the presence of a captain of a vessel
(c) if made in the presence of a Magistrate
(d) all the above.
Ans. (c)
61. Section 27 control:
(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) all the above.
Ans. (d)
62. Section 27 applies to:
(a) discovery of some fact which the police had not previously learnt from other sources and was first derived from the information given by the accused
(b) discovery of some fact which the police had previously learnt from other sources
(c) discovery of some fact which the police had previously learnt from other sources and the accused has also given information regarding the same
(d) all the above.
Ans. (a)
63. Under section 27 of Evidence Act, ‘discovery of fact’ includes:
(a) the object found
(b) the place from where it is produced
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
64. Section 27 of Evidence Act applies:
(a) when the person giving information is an accused but not in police custody
(b) when the person giving information is an accused and is in police custody
(c) when the person is in police custody but not an accused
(d) when the person is neither in police custody nor an accused.
Ans. (b)
65. Under section 27 of Evidence Act:
(a) the whole statement is admissible
(b) only that portion which distinctly relates to the discovery is admissible
(c) both are admissible depending on the facts & circumstances of the case
(d) only (a) & not (b).
Ans. (b)
66. Facts discovered in consequences of a joint information:
(a) are not admissible and cannot be used against any of the accused person
(b) are admissible and can be used against any one of the accused person
(c) are admissible and can be used against all the accused persons
(d) both (a) & (c) are correct.
Ans. (a)
67. Confession of an accused is admissible against the other co-accused:
(a) under section 28 of Evidence Act
(b) under section 29 of Evidence Act
(c) under section 30 of Evidence Act
(d) under section 31 of Evidence Act.
Ans. (c)
68. Confession of one accused is admissible against co-accused:
(a) if they are tried jointly for the same offences
(b) if they are tried jointly for different offences
(c) if they are tried for the same offences but not jointly
(d) if they are tried for different offences and not jointly.
Ans. (a)
69. Confession of a co-accused not required to be on oath and cannot be tested by cross- examination:
I. is no evidence within the meaning of section 3 of Evidence Act and cannot be the foundation of a conviction
II. the only limited use which can be made of a confession of a co-accused is by way of furnishing an additional reason for believing such other evidences as exists
III. it is a very weak type of evidence and is much weaker even than the evidence of an approver.
In the aforesaid propositions:
(a) all I, II & III are correct
(b) only I & III are correct
(c) only I & II are correct
(d) only II & III are correct.
Ans. (a)
70. ‘Necessity rule’ as to the admissibility of evidence is contained in:
(a) section 31 of Evidence Act
(b) section 32 of Evidence Act
(c) section 60 of Evidence Act
(d) section 61 of Evidence Act.
Ans. (b)
71. Necessity rule as to the admissibility of evidence is applicable, when the maker of a statement:
(a) is dead or has become incapable of giving evidence
(b) is a person who can be found but his attendance cannot be procured without unreasonable delay or expenses
(c) is a person who cannot be found
(d) all the above.
Ans. (d)
72. Under section 32 of Evidence Act, a statement of a person who is dead, to be admissible:
(a) must relate to the cause of his own death
(b) may relate to the cause of someone else’ death
(c) may relate to the cause of his own death or someone else’ death
(d) both (b) & (c) are correct.
Ans. (a)
73. The person whose statement is admitted under section 32 of Evidence Act:
(a) must be competent to testify
(b) need not be competent to testify
(c) may or may not be competent to testify
(d) only (a) is correct and (b) & (c) are incorrect.
Ans. (c)
74. A dying declaration is admissible:
(a) only in criminal proceedings
(b) only in civil proceedings
(c) in civil as well as criminal proceedings both
(d) in criminal proceedings alone & not in civil proceedings.
Ans. (c)
75. A dying declaration:
(a) can form the sole basis of conviction without any corroboration by independent evidence
(b) can form the basis of conviction only on corroboration by independent witness
(c) cannot form the sole basis of conviction unless corroborated by independent witness
(d) only (b) & (c) are correct.
Ans. (a)
76. Which of the following section of the Indian Evidence Act extends the protection to an agent which Section 130, Indian Evidence Act provides for a principal?
A. Section 127
B. Section 129
C. Section 131
D. Section 134
Ans: C
77. A agrees absolutely in writing to pay B Rs. 1,000 on the first March, 1873. At the same time an oral agreement was made that the money should not be paid till thirty first March. Applying Section 92, Indian Evidence Act:
A. The oral agreement can be proved
B. The oral agreement must be proved
C. The oral agreement cannot be proved
D. None of them
Ans: C
78. Evidence may be given of facts in issue and relevant facts in which of the following section of the Indian Evidence Act?
A. Section 5
B. Section 3
C. Section 7
D. Section 1
Ans: A
79. A suitor docs not bring with him and have in readiness for production at the first hearing of the case, a bond on which he relies. Applying Section 5, Indian Evidence Act, what is the conclusion?
A. This section provides for him to produce the bond or prove its contents at a subsequent stage of the proceedings
B. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings otherwise than in accordance with the condition prescribed by the Indian Penal Code
C. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings otherwise than in accordance with the condition prescribed by the Code of Civil Procedure
D. None of them
Ans: C
80. Section 35 read with Section 74, Indian Evidence Act, presupposes that:
A. A document produced is really an extract from the official register
B. A document produced is partially an extract from the official register
C. A document produced is not always an extract from the official register
D. None of them
Ans: A
81. Additional Evidence means:
A. Evidence let in appeal before the trial has closed in the lower Court, it is a privilege allowed only under special circumstances
B. Evidence let in appeal after the trial has closed in the Supreme Court, it is a privilege allowed only under special circumstances
C. Evidence let in appeal after the trial has closed in the lower Court, it is a privilege allowed only under special circumstances
D. None of them
Ans: C
82. In which of the following cases did the Apex Court held that the practice of getting the affidavits of defence witnesses in advance amounted to an attempt aimed at dissuading the witnesses from speaking the truth before the Court? This type of interference in criminal justice should not be encouraged and was to be viewed seriously. The Court deprecated this practice.
A. Sachchey Lal Tiwari v. State of U.P., AIR 2004 SC 5039.
B. Rachapalli Abbulu v. State of A.P., AIR 2002 SC 1805 (para 11): (2002) 4 SCC 208.
C. State of Raj as than v. Teja Ram, AIR 1999 SC 1776.
D. State of Haryana v. Mange Ram, 2003 1 SCC 637, para 12: AIR 2003 SC 558 : 2003 CrLJ 830.
Ans: B
83. Section 130, Indian Evidence Act protects a witness, who is not a party to the suit in which he is called, from producing?
A. Title-deeds to any property
B. Any document in virtue of which he holds any property as pledgee or mortgagee
C. Any document the production of which might tend to criminate him, unless he has agreed in writing to produce such document
D. All of them
Ans: D
84. Section 81, Indian Evidence Act deals with which of the following documents which shall be presumed to be genuine?
I. Gazettes
II. Gazetteers
III. Newspaper or journals
IV. Every document directed by any law to be kept by any person, if that document is kept substantially in the form required by law and is produced from proper custody
A. I, III, IV
B. II, IV
C. I, II, IV
D. All of them
Ans: D
85. The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. Applying Section 111, Indian Evidence Act:
A. The burden of proving the good faith of the transaction is on the son
B. The burden of proving the good faith of the transaction is irrelevant
C. The burden of proving the good faith of the transaction is on the father
D. None of them
Ans: C
86. The use of secondary evidence under Section 33, Indian Evidence Act is limited to which of the following condition?
A. If the proceeding was between the same parties, or their representatives in interest
B. If the adverse party in the first proceeding had the right and opportunity to cross examine
C. If the questions in issue were substantially the same in the first as in the second proceeding
D. All of them
Ans: D
87. Under Section 65, Indian Evidence Act, which of the following needs to be proved concerning secondary evidence?
A. Existence of a document
B. Condition of a document
C. Contents of a document
D. All of them
Ans: D
88. What do you understand by deposition?
A. It is parte and voluntary
B. It is evidence given by a witness under interrogatories, oral or written, and usually written down by an official person
C. It is the mere voluntary act of the party making the oath, and may be, and generally is, taken without the cognizance of the one against whom it is to be used
D. Both (A) and (B)
Ans: D
89. When is an enquiry said to be judicial?
A. If its object is to determine jural relation between one person and another or a group of persons, or between him and the community in general
B. If its object does not require discretion to be exercised and no judgment is to be formed
C. If its object requires jural relation to be established between the judge and a group of persons
D. None of them
Ans: A
90. Which of the following are some of the instances of notifications or rules of which judicial notice was taken?
I. The Army regulations and ordinances issued by the Government of India
II. Notification of the appointment of a Drug Inspector under Section 21, Clause (1) of the Drugs Act of 1940
III. A rule made under the rule 225 of Printing Manual published by the Government of Madras providing for return of old and obsolete stamps to Government Press on receipt of new ones
IV. A notification issued by the Government, declaring Malas to be socially and educationally backward class
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. All of them
Ans: D
91. Which of the following has been repealed by the Repealing Act, 1938 (1 of 1938)?
A. Section 1, Indian Evidence Act
B. Section 2, Indian Evidence Act
C. Section 3, Indian Evidence Act
D. Section 4, Indian Evidence Act
Ans: B
92. Which of the following is important to make the evidence of a witness relevant under Section 50, Indian Evidence Act?
A. The witness must have special means of knowledge with regard to existence of the disputed relationship, either as a member of a family, or otherwise
B. The witness must depose to his own conduct towards the person whose relationship is in dispute
C. Either (A) or (B)
D. Both (A) and (B)
Ans: D
93. Which of the following is true of Section 48, Indian Evidence Act?
A. It deals with the opinion as to the existence of general customs and rights When the Court has to form an opinion as to its existence
B. The explanation to the section states that the customs and rights common to any considerable class of persons would also come within the expression ‘general custom or right’
C. It deals with oral evidence given in Court by the person expressing the opinion
D. All of them
Ans: D
94. Which of the following proviso of the Indian Evidence Act enables the Court to require the production of material thing for its inspection?
A. Proviso 5 of Section 57
B. Proviso 4 of Section 58
C. Proviso 3 of Section 59
D. Proviso 2 of Section 60
Ans: D
95. Which of the following maps are made under the authority of Government?
I. Survey maps
II. Thak bast maps
III. Chittas
IV. Superimposition of maps
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. all of them
Ans: D
96. Which of the following section of the Indian Evidence Act deals with admissions not conclusive proof, but may be estop?
A. Section 30
B. Section 31
C. Section 22
D. Section 39
Ans: B
97. Which of the following section of the Indian Evidence Act deals with facts bearing upon opinions of experts?
A. Section 46
B. Section 49
C. Section 63
D. Section 50
Ans: A
98. Which of the following section of the Indian Evidence Act deals with oral evidence which must be direct?
A. Section 52
B. Section 62
C. Section 65
D. Section 60
Ans: D
99. Which of the following section of the Indian Evidence Act deals with proof when attesting witness denies the execution?
A. Section 71
B. Section 80
C. Section 60
D. Section 70
Ans: A
100. Which of the following section of the Indian Evidence Act deals with the burden of proof as to ownership?
A. Section 100
B. Section 101
C. Section 110
D. Section 105
Ans: C