100 + Important Questions on Indian Evidence Act for Competitive Exams!
1. When does the doctrine of implied admission can be invoked under Section 58, Indian Evidence Act?
A. it can be invoked, when a party on whom the burden lies, fails to state facts in support of his plea
B. it can be invoked, when the facts specifically alleged by a party in support of his plea are not denied by the other party
C. it can be invoked only against a party who is under an obligation to allege certain facts
D. all of them
Ans. D
2. Which are some of the instances where conduct was admitted as relevant?
I. fabricating false evidence
II. antedating a document to support a plea of alibi
III. having possession of stolen properties
IV. expressions of fear or disturbed state of mind
V. when the accused was confronted in a bribe case and was called upon to produce the money, hesitation, perspiring, trembling, and things like that are relevant
VI. making attempts to conceals one identity
VII. where a clerk was charged for embezzlement
A. I, III and IV
B. II, V and VII
C. IV and VI
D. all of them
Ans. D
3. Under which of the following occasion on which refusal to permit a candidate to appear in an examination do not attract estoppel?
I. where a person who practices fraud or makes a misstatement or suppresses material facts
II. where there is some technical defect in the filling of the form or where there was a deficiency in attendance, which deficiency or defect could not be condoned by the authorities in exercise of discretion mentioned under the statute
III. where the candidate was patently ineligible on the particulars supplied by him as there can be no estoppel against the statute
IV. where the question of eligibility depends upon the interpretation of a provision of law
A. I, II, IV
B. III, IV
C. II, III, IV
D. all of them
Ans. D
4. Which of the following must be borne in mind by the Court, with respect to identifying witnesses, to determine whether they are worthy of being relied on?
A. the number of wrong persons picked out by the identifying witnesses
B. the consistency of the identification made at different times
C. sufficiency of men on parade
D. all of them
Ans. D
5. Which of the following is a type of principal fact in issue?
A. those which are in issue as an matter of substantive law
B. those which are in issue as a matter of law of evidence itself
C. either (A) or (B)
D. both (A) and (B)
Ans. D
6. Which of the following is not applicable to taxation matters?
A. estoppel by record
B. estoppel by deed
C. estoppel in pais
D. all of them
Ans. A
7. Which of the following is true of Section 42, Indian Evidence Act?
A. judgments relating to matters of public nature are declared relevant, whether between the same parties or not
B. it forms an exception to the general rule that no one shall be affected or prejudiced by judgment to which he is not party or privy
C. it admits as evidence all judgment inter partes would operate as res judicata in a second
D. all of them
Ans. D
8. Which of the following section of C.P.C is used to determine a foreign judgment rendered in a civil proceeding in India?
A. Section 13
B. Section 14
C. Section 15
D. Section 16
Ans. A
9. Which of the following section of the Indian Evidence Act deals with relevancy of statements as to any law contained in law books?
A. Section 38
B. Section 40
C. Section 45
D. Section 31
Ans. A
10. Which of the following section of the Indian Evidence Act deals in civil cases, character to prove and conduct imputed upon him is irrelevant?
A. Section 55
B. Section 49
C. Section 56
D. Section 52
Ans. D
11. Which of the following section of the Indian Evidence Act deals with admissions in civil cases, when relevant?
A. Section 12
B. Section 23
C. Section 13
D. Section 18
Ans. B
12. The expression “facts in issue” is used in which of the following sections:
A. Section 5 and Section 6
B. Section 7 and Section 8
C. Section 9 and Section 11
D. All of them
Ans: D
13. The principle of approbate and probate is based on the maxim:
A. allegans contraia non est audiendus
B. allegans falsum non est audiendus
C. allegans factum uno non est audiendus
D. None of them
Ans: A
14. The proviso of Section 50, Indian Evidence Act, does not include with which of the following?
A. Section 304-B, IPC
B. Section 303-B, IPC
C. Section 302-B, IPC
D. Section 301-B, IPC
Ans: A
15. The question is, whether A has a right to a fishery. Applying Section 13, Indian Evidence Act which of the following facts can be relevant?
A. A deed conferring the fishery A’s ancestors, a mortgage of the fishery by A’s father
B. A subsequent grant of the fishery by A’s father, irreconcilable with the mortgage, particular instances in which A’s father exercised the right, or in which A’s father exercised the right, or in which the exercise of the right was stopped by A’s neighbours
C. Either (A) or (B)
D. None of them
Ans: C
16. Under the head subsequent conduct, which of the following types of conduct would be material?
A. Change of life
B. Evasion of justice
C. Fear, trembling
D. All of them
Ans: D
17. The question is, whether a certain document is the will of A. Applying Section 8, Indian Evidence Act, which of the following facts can be relevant?
A. The facts that, not long before the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate
B. A consulted vakils in reference to making the will
C. A caused drafts of other wills to be prepared of which he did not approve
D. All of them
Ans: D
18. When can it be said that a person commits or attempts to commit a crime?
A. When he intends to commit that particular offence
B. When he, having made preparations and with the intention to commit the offence does an act towards the commission
C. Both (A) and (B)
D. None of them
Ans: C
19. Section 32 (1), Indian Evidence Act, has been enacted by the legislature advisedly:
A. As a matter of necessity
B. As an exception to the general rule that, “hearsay evidence” is no evidence and the evidence
C. Which cannot be tested by cross – examination of a witness is not admissible in the Court of law
D. All of them
Ans: D
20. Which of the following guidelines have been laid down by the Supreme Court for the recording of confession under TADAA?
I. The confession should be recorded in a free atmosphere in the same language in which the person is examined and as narrated by him
II. The person from whom confession has been recorded under Section 15 (1) of the TADA Act should be produced before the Chief Metropolitan Magistrate or the Chief Judicial Magistrate to whom the confession is required to be sent under Rule 15 (5) along with the original statement of confession
III. The Chief Metropolitan Magistrate of the Chief Judicial Magistrate should scrupulously record the statement, if any, made by the accused so produced and get his signature or in case of any complaint of torture, the person should be directed to be produced for medical examination before a Medical Officer not lower in the rank than that of an Assistant Civil surgeon
IV. Notwithstanding anything contained in the Cr. PC, no Police Officer below the rank of an Assistant Commissioner of police or a police officer or equivalent rank, should investigate any offence punishable under TADA Act
V. The Police Officer, if he is seeking the custody of any person for pre- indictment or pre – trial interrogation from the judicial custody, must file an affidavit sworn by him explaining the reason not only such custody but also for the delay
VI. In case the person taken for interrogation, on receipt of the statutory warning that he is not bound to make a confession and that, if he does so, the said statement may be used against him as evidence, asserts his right to silence, the Police Officer must respect his right of assertion
A. I, II and III
B. III and IV
C. II, V and VI
D. All of them
Ans: D
21. Which of the following is true of judgment under Section 41, Indian Evidence Act?
A. It speaks about a judgment which will become applicable only when a final judgment is rendered
B. Rendition of a final judgment which would be binding on the whole world being conclusive in nature, shall take a long time
C. As and when a judgment is rendered in one proceeding, subject to the admissibility thereof keeping in view Section 43 of the Indian Evidence Act, it may be produced in another proceeding
D. All of them
Ans: D
22. Which of the following section of the Indian Evidence Act applies only to public documents falling under Section 74, Indian Evidence Act?
A. Section 56
B. Section 66
C. Section 76
D. Section 86
Ans: C
23. Which of the following section of the Indian Evidence Act deals with cases in which secondary evidence relating to documents may be given?
A. Section 60
B. Section 55
C. Section 42
D. Section 65
Ans: D
24. Which of the following section of the Indian Evidence Act deals with presumption as to certified copies of foreign judicial records?
A. Section 86
B. Section 16
C. Section 13
D. Section 18
Ans: A
25. Which of the following section of the Indian Evidence Act deals with presumption as to dowry death?
A. Section 113-B
B. Section 101-A
C. Section 102-B
D. Section 112-B
Ans: A
26. Which of the following section of the Indian Evidence Act deals with relevancy of statements in maps, charts and plans?
A. Section 32
B. Section 16
C. Section 36
D. Section 37
Ans: C
28. Which of the following section of the Indian Evidence Act deals with things said or done by conspirator in reference to common design?
A. Section 6
B. Section 10
C. Section 12
D. Section 8
Ans: B
29. Which of the following section of the Indian Evidence Act deals with “who may give evidence of agreement varying terms of document”?
A. Section 94
B. Section 80
C. Section 86
D. Section 99
Ans: D
30. Which of the following section of the Indian Evidence Act must be read along with Sections 61, 62, 65 and 67, Indian Evidence Act?
A. Section 54
B. Section 64
C. Section 74
D. Section 84
Ans: B
31. A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land, showing his title to it. Applying Section 92, Indian Evidence Act, which of the following is possible?
A. The custody is proper
B. The custody is improper
C. It is not sufficient to prove his title without other evidence
D. None of them
Ans: A
32. A is accused of a crime. Applying Section 8, Indian Evidence Act, which of the following facts can be relevant?
A. The facts that, either before or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favorable to himself
B. That he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses
C. That he suborned persons to give false evidence respecting it
D. All of them
Ans: D
33. According to the following when is a confession relevant under Section 24, Indian Evidence Act?
A. If it is made after the impression caused by any such inducement, threat or promise has been fully removed (Section 28, Indian Evidence Act)
B. If it is not made to a Police Office (Section 25, Indian Evidence Act)
C. If it is made in the presence of a Magistrate when the accused is in the custody of a police-officer (Section 26, Indian Evidence Act)
D. All of them
Ans: D
34. Generally speaking oral testimony can be classified as:
A. Wholly reliable
B. Wholly unreliable
C. Neither wholly reliable nor wholly unreliable
D. All of them
Ans: D
35. In England evidence of facts or transmissions similar to the fact of transaction directly in issue is admissible if it is logically probative subject to which of the following exception?
A. Of similar acts done by himself, if they do no more than show a general disposition, habit or propensity to commit such acts and a subsequent probability of his having committing the act, or processed the state of mind in question
B. Of similar acts done by others, similarly circumstanced to himself, to show that he would be likely to act as they did
C. Both (A) and (B)
D. None of them
Ans: C
36. A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. Applying Section 14, Indian Evidence Act, why, the fact that, at the same time, he was in possession of many other stolen articles is, relevant/ irrelevant?
A. It is relevant as, it tends to show that he knew each and all of the articles of which he was in possession to be stolen
B. It is not relevant as, it does not tend to show that he knew each and all of the articles of which he was in possession to be stolen
C. It is relevant as, it tends to show that he knew who stole the goods
D. None of them
Ans: A
37. Section 41, Indian Evidence Act mainly deals with:
A. Property related cases of Indian Nationals and executed in India
B. Homicide cases of Indian Nationals and executed in India
C. Wills of Indian Nationals and executed in India
D. None of them
Ans: C
38. Section 44, Indian Evidence Act, states that any judgment, order or decree which is relevant:
A. Under Sections 35, 37 and 40, Indian Evidence Act can still be shown by a party to it who was adversely affected by such judgment, decree or order, to have been delivered by the Court not competent to deliver it, or it was obtained by fraud or collusion
B. Under Sections 38, 39 and 40, Indian Evidence Act can still be shown by a party to it who was adversely affected by such judgment, decree or order, to have been delivered by the Court not competent to deliver it, or it was obtained by fraud or collusion
C. Under Sections 40, 41 and 42, Indian Evidence Act can still be shown by a party to it who was adversely affected by such judgment, decree or order, to have been delivered by the Court not competent to deliver it, or it was obtained by fraud or collusion
D. None of them
Ans: C
39. What is prima facie evidence?
I. Evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced
II. Is such an evidence as in the judgment of the law, is sufficient to establish the fact, and, if not rebutted, remains sufficient for that purpose
III. Only means that there is ground for proceeding
IV. Is that which suffices for the proof of a particular fact until contradicted and overcome by other evidence
V. It means “evidence sufficient to establish title, unless some person shows a perfect title”
A. I, II
B. III, IV
C. II, III, IV
D. all of them
Ans: D
40. The grant of probate under the Indian Succession Act (XXXIX of 1925):
A. It is not a complete proof of the title of executors and of the genuineness of the will admitted to probate
B. It is corroborative proof of the title of executors and of the genuineness of the will admitted to probate
C. It is conclusive proof of the title of executors and of the genuineness of the will admitted to probate
D. None of them
Ans: A
41. The provision of which of the following section of the Indian Evidence Act is based on the cardinal rule that the best available evidence should be brought before the Court?
A. Section 60
B. Section 64
C. Section 91
D. All of them
Ans: D
42. Under Section 65, Clause (C), Indian Evidence Act, in which of the following way a secondary evidence of a document which is lost or difficult to trace can be adduced?
A. By oral evidence of a persons who were present when the document was executed
B. By a certified copy of the original documents
C. By considering the documents as immaterial
D. Both (A) and (C)
Ans: D
43. Under which of the following section of the Indian Evidence Act the Court may presume existence of certain facts?
A. Section 140
B. Section 114
C. Section 156
D. Section 116
Ans: B
44. What is judicial evidence?
A. It is that portion of evidence in general which under the rules of legal procedure is received in Courts as tending to establish the existence of a fact, involved in an issue, submitted to judicial determination
B. It is that portion of evidence in general which under the rules of legal procedure is received in Courts as tending to establish non-existence of a fact, involved in an issue, submitted to judicial determination
C. Either (A) or (B)
D. None of them
Ans: C
45. When oral admissions as to contents of electronic records are relevant which of the following section of the Indian Evidence Act comes into operation?
A. Section 22A
B. Section 16
C. Section 13
D. Section 18
Ans: A
46. Under Section 41, Indian Evidence Act, a judgment, order or decree, given by a competent Court will be conclusive proof as to the legal character conferred on, or taken away from, any person or to which any person is declared to be entitled, in the exercise of:
I. Probate
II. Matrimonial
III. Admiralty
IV. Insolvency jurisdiction
A. I, III and IV
B. II and III
C. I, II and IV
D. All of them
Ans: D
47. Which of the following is a necessary ingredient for proving the attestation?
A. Animus attestandi
B. Certiorari
C. Falsus in uno,falsusi omnibus
D. None of them
Ans: A
48. Which of the following is false of Section 90, Indian Evidence Act?
A. Not to make too difficult for persons relying upon ancient documents to utilise those documents in proving their case
B. It is intended to do away with the insuperable difficulty of proving the handwriting, execution and attestation of documents in the ordinary way after the lapse of many years
C. Presumption under this section can be claimed and drawn at any stage including the appellate stage
D. Makes provision for any presumption in regard to seals
Ans: D
49. Which of the following is the general principle on which the evidence of written or verbal statements of relevant facts are made by the person is admitted is that?
A. They are declarations made in extremity, when the party is at the point of death and when every hope of this world is gone
B. They are made when every motive to falsehood is silenced
C. They are made when the mind is induced by the most powerful considerations to speak the truth
D. All of them
Ans: D
50. Which of the following section of the Indian Evidence Act deals with certified copies of public documents?
A. Section 80
B. Section 82
C. Section 76
D. Section 80
Ans: C
51. Which of the following section of the Indian Evidence Act deals with grounds of opinion, when relevant?
A. Section 52
B. Section 56
C. Section 51
D. Section 58
Ans: C
52. Which of the following section of the Indian Evidence Act deals with privilege not waived by volunteering evidence?
A. Section 100
B. Section 128
C. Section 123
D. Section 121
Ans: B
53. Which of the following section of the Indian Evidence Act deals with saving of provisions of Indian Succession Act relating to wills?
A. Section 100
B. Section 110
C. Section 102
D. Section 101
Ans: A
54. Which of the following section of the Indian Evidence Act deals with the production of documents and translation of documents?
A. Section 156
B. Section 159
C. Section 157
D. Section 162
Ans: D
55. Which of the following Section of the Indian Evidence Act was not in the Evidence Act of 1855, nor in the Criminal Procedure Code of 1861?
A. Section 30
B. Section 18
C. Section 12
D. Section 7
Ans: A
56. A hires lodgings of B for a year, and a regularly stamped agreement, drawn up by an attorney, is made between them. It is silent on the subject of board. Applying Section 92, Indian Evidence Act:
A. A cannot not prove that board was included in the terms verbally
B. A does not prove that board was included in the terms verbally
C. A may not prove that board was included in the terms verbally
D. none of them
Ans: C
57. A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. Applying Section 92, Indian Evidence Act, which of the following is possible?
A. The custody is proper
B. The custody is partial
C. The custody needs to justified by other evidence
D. None of them
Ans: A
58. A wishes to prove a dying declaration by B. Applying Section 104, Indian Evidence Act:
A. A does need to prove B’s death
B. A must prove B’s death
C. Either (A) and (B)
D. None of them
Ans: B
59. According to the practice in England, all facts are admissible; subject to which of the following condition?
A. The best evidence connecting the fact in issue is admissible
B. No hearsay evidence is admissible
C. Either (A) or (B)
D. Both (A) and (B)
Ans: D
60. Chirographum apud debitorem repertum praesumitur solutum means:
A. An evidence of credit found in the possession of the debtor is assured to be paid
B. An evidence of debt found in the possession of the creditor is assured to be paid
C. An evidence of debt found in the possession of the debtor is presumed to be paid
D. None of them
Ans: C
61. In Section 26, Indian Evidence Act, Magistrate does not include:
A. Head of a village discharging magisterial functions in the Presidency of Fort St. George or elsewhere
B. Headman exercising the powers of a magistrate under the Code of Criminal Procedure, 1882
C. Either (A) or (B)
D. None of them
Ans: A
62. Section 15, Indian Evidence Act deals with:
A. Facts bearing on the question whether a particular act was accidental or intentional
B. Facts whether a particular act was done with a particular knowledge or intention
C. Both (A) and (B)
D. None of them
Ans: C
63. Which of the following sections of the Indian Evidence Act are complementary to one another?
A. Section 145, 146 and 153 (3)
B. Section 140, 142 and 150 (2)
C. Section 139, 140 and 149 (2)
D. None of them
Ans: A
64. False evidence is:
A. Whoever, being legally bound by an oath or by any express provision of law to state the truth
B. Being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false
C. Being bound by law to make a declaration upon any subject, makes any statement which is false, and which he does not believe to be true is said to give false evidence
D. All of them
Ans: D
65. In which of the following case a person is competent witness?
A. In proceedings against the person under Section 107 under Chapter X to XII of Cr. P.C
B. In proceedings against the person under Section 98 under Chapter XXVI of Cr. P.C
C. Both (A) and (C)
D. None of them
Ans: C
66. It is proposed to prove a fact (A) which is said to have been the cause or effect of a fact in issue. There are several intermediate facts (B, C, and D) which must be shown to exist before the fact (A) can be regarded as the cause or effect of the fact in issue. Applying Section 136, Indian Evidence Act:
A. The Court may permit A to be proved before B, C and D is proved
B. The Court may require proof of B, C and D before permitting proof of A
C. Either (A) or (B)
D. None of them
Ans: C
67. Upon which of the following maxim Section 79, Indian Evidence Act proceeds?
A. omina proesumuntur rite esse acta
B. corpus deliciti
C. falsus in uno, falsus in omnibus
D. factum probans
Ans: A
68. Presumption under which of the following section of the Indian Evidence Act does not apply to petitions for declarations of nullity of the marriage by reason of Section 7 and 10 (4) of the Divorce Act?
A. Section 107
B. Section 109
C. Section 110
D. Section 111
Ans: A
69. Section 78 Clause (2) of the Indian Evidence Act deals with:
A. The proceedings of Legislatures
B. The procedure of police investigations
C. The proceeding of judicial enquiry
D. All of them
Ans: A
70. The provision of which of the following section of the Indian Evidence Act permits cross-examiner to put questions which will not only shake the credit of a witness, but also expose his ethical and moral behaviour, which may ultimately weigh with the Court, while evaluating that testimonial evidence?
A. Section 133 (3)
B. Section 139(3)
C. Section 142 (3)
D. Section 146 (3)
Ans: D
71. The question is, whether A has been guilty of cruelty towards B, his wife. Applying Section 14, Indian Evidence Act, which of the following facts can be relevant?
A. Expressions of their feeling towards each other shortly before the alleged cruelty are relevant facts
B. Expressions of their feeling towards each other shortly after the alleged cruelty are relevant facts
C. Either (A) or (B)
D. None of them
Ans: C
72. The question is, whether A was robbed. Applying Section 8, Indian Evidence Act, which of the following facts can be relevant?
A. The fact that, soon after the alleged robbery he made a complaint relating to the offence, the circumstances under which the complaint was made
B. The terms in which, the complaint was made
C. Though she did not make a complaint however she said that she had been robbed as a dying declaration
D. All of them
Ans: D
73. What is most important ingredient of Section 27, Indian Evidence Act, regarding the information given to a Police Officer by accused person?
A. The person must be trial
B. The person must be in the custody of the a Police Officer
C. The police officer must be the investigating officer
D. None of them
Ans: B
74. Which of the following factors must be kept in mind by the Court while considering extra-judicial confession?
A. To whom it is made
B. The time and place of making it
C. The circumstances, in which it is made
D. All of them
Ans: D
75. Which of the following is true of Section 10, Indian Evidence Act?
A. It applied to acts and declarations of one of body of conspirators in respect of the common design of all
B. Everything said or done by any of the conspirators in furtherance of the common object is evidence against each all of the parties concerned, whether they are present or absent
C. It is intended to make evidence communication between different conspirators, while the conspiracy is going on, with reference to the carrying out of the conspiracy
D. All of them
Ans: D
76. Which of the following of the Indian Evidence Act relate more or less to matters of procedure?
A. Section 66 – 73
B. Section 130 and 135
C. Section 136 and 150
D. All of them
Ans: D
77. Which of the following section of the Indian Evidence Act deals with character of a person as affecting damages?
A. Section 65
B. Section 16
C. Section 55
D. Section 42
Ans: C
78. Which of the following section of the Indian Evidence Act deals with estoppel of acceptor of bill of exchange, bailee or licensee?
A. Section 119
B. Section 200
C. Section 117
D. Section 105
Ans: C
79. Which of the following section of the Indian Evidence Act deals with presumption as to documents thirty years old?
A. Section 94
B. Section 90
C. Section 86
D. Section 82
Ans: B
80. Which of the following section of the Indian Evidence Act deals with question not to be asked without reasonable grounds?
A. Section 139
B. Section 142
C. Section 149
D. Section 163
Ans: C
81. Which of the following section of the Indian Evidence Act deals with the burden of proving fact to be proved to make evidence admissible?
A. Section 104
B. Section 101
C. Section 102
D. Section 105
Ans: A
82. If the object of conspiracy has not been achieved and there is still agreement to do the illegal act?
A. The offence of criminal conspiracy discontinues and Section 9, Indian Evidence Act applies
B. The offence of criminal conspiracy discontinues and Section 10, Indian Evidence Act applies
C. The offence of criminal conspiracy continues and Section 11, Indian Evidence Act applies
D. the offence of criminal conspiracy continues and Section 10, Indian Evidence Act applies
Ans: C
83. In criminal cases an accused is not a competent witness however he can be examined under which of the following section of Cr. P.C?
A. Section 313
B. Section 303
C. Section 302
D. Section 300
Ans: A
84. The procedure of the production of documents in criminal cases is laid down in:
A. Section 93-96, Cr. PC
B. Section 93-96, Indian Evidence Act
C. Section 93-96, IPC
D. None of them
Ans: A
85. The contents of a lost document can be proved by oral evidence. It is the effect of which of the following section of the Indian Evidence Act read together?
I. Section 59
II. Section 61
III. Section 63 (5)
IV. Section 65
A. I, III and IV
B. II and IV
C. I and III
D. All of them
Ans: D
86. Offence consists of:
I. Intention
II. Preparation
III. Attempt
IV. A completed act
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. All of them
Ans: D
87. Which of the following are the indicators in which the credit of a witness may be impeached?
I. Evidence of persons that the witness is unworthy of credit
II. Proof that the witness has been bribed or has accepted bribe accepted the offer of a bribe or has received any other corrupt inducement
III. Former statements inconsistent with the present evidence
IV. General immoral character of the prosecutrix in cases of rape or attempt to ravish
A. I, II, IV
B. Ill, IV
C. II, III, IV
D. all of them
Ans: D
88. Which of the following is correctly matched?
List—1 (Views on Evidence)
List—2 (Views by)
I. By direct evidence is meant that the existence of a given thing or fact is proved either by its actual production, or by the testimony or admissible declaration of someone who has himself perceived it.
a. Wharton
II. Direct evidence is evidence which requires no mental process On the part of the tribunal of fact in order to draw the conclusion sought by the proponent of the evidence, other than acceptance of the evidence itself.
b. Phipson
III. The main function of the rules of evidence is to narrow down the matter which comes before the Court to the facts relating to those matters which have a logical probative value in determining the innocence or guilt of the accused and to prevent giving judgements based on illogical conclusions and prejudice, and as an aid to the administration of justice
c. Steve Uglow
IV. Direct evidence is evidence which, if believed, establishes a fact as an issue.
d. Peter Murphy
A. I—a, II—d, III—c, IV—b
B. I—b, II—d, III—a; IV—c
C. I—b, II—a, III—d, IV—c
D. I—c, II—a, III—d, IV—b
Ans: B
89. Which of the following are the grounds of exclusion of extrinsic evidence?
A. To admit inferior evidence when law requires superior would amount to nullifying the law
B. When parties have deliberately put their agreement into writing
C. Either (A) or (B)
D. None of them
Ans: C
90. Which of the following part of Clause (c) of Section 65, Indian Evidence Act is independent?
A. The first part is independent
B. Second part is independent
C. Both (A) and (B)
D. None of them
Ans: A
91. Which of the following section of the Indian Evidence Act deals in criminal proceedings where previous bad character is not relevant, except in reply?
A. Section 59
B. Section 54
C. Section 49
D. Section 40
Ans: B
92. Which of the following section of the Indian Evidence Act deals with estoppel of tenant and of licensee of person in communications?
A. Section 100
B. Section 116
C. Section 112
D. Section 105
Ans: B
93. Which of the following section of the Indian Evidence Act deals with the power of jury or assessors to put questions?
B. Section 178
C. Section 157
D. Section 166
Ans: D
94. Which of the following section of the Indian Evidence Act deals with presumption as to genuineness of certified copies?
A. Section 75
B. Section 79
C. Section 69
D. Section 72
Ans: B
95. Which of the following section of the Indian Evidence Act deals with rules as to notice to produce?
A. Section 68
B. Section 61
C. Section 66
D. Section 69
Ans: C
96. Which of the following section of the Indian Evidence Act deals with the production of documents which another person, having possession, could refuse to produce?
A. Section 131
B. Section 120
C. Section 144
D. Section 105
Ans: A
97. A agrees, in writing, to sell a horse to B for 1,000 or RS. 1,500.” Applying Section 93, Indian Evidence Act:
A. Evidence can be given to show which price was to be given
B. Evidence need not be given to show which price was to be given
C. Evidence cannot be given to show which price was to be given
D. None of them
Ans: C
98. A custom to be recognised by a Court should be:
I. Ancient
II. Continuous and uniform
III. Reasonable
IV. Certain
V. Compulsory and not optional
VI. Peace
VII. Immoral
A. I and III
B. II and V
C. IV and VII
D. all of them
Ans: D
99. A judgment not inter parts, though not coming within Sections 40 and 42,
A. Would be relevant for certain purposes under Section 11, where it is relied on to established a right or custom which was previously created, claimed, modified, recognised, asserted or denied
B. Would be relevant for certain purposes under Section 12, where it is relied on to established a right or custom which was previously created, claimed, modified, recognised, asserted or denied
C. Would be relevant for certain purposes under Section 13, where it is relied on to established a right or custom which was previously created, claimed, modified, recognised, asserted or denied
D. None of them
Ans: C
100. Abandonment means:
A. The act of intentionally and voluntarily relinquishing a known right absolutely and unconditionally without vesting it in any other person
B. The act of intentionally and voluntarily relinquishing a known right absolutely and unconditionally without vesting it in any other person
C. The act of intentionally and voluntarily relinquishing a known right absolutely and unconditionally without vesting it in any other person
D. The act of intentionally and voluntarily relinquishing a known right absolutely and unconditionally without vesting it in any other person
Ans: C
101. Explanation to Section 55, Indian Evidence Act states in which of the following section of the Indian Evidence Act that the word ‘character’ includes both reputation and disposition?
I. Section 52
II. Section 53
III. Section 54
IV. Section 55
A. I, II and IV
B. II and IV
C. I and III
D. All of them
Ans: D
102. Which of the following section of Cr.P.C. does not rule out the requirements of Section 64 and 65 of the Indian Evidence Act?
A. Section 87 (3)
B. Section 88 (3)
C. Section 89 (3)
D. Section 90 (3)
Ans: A
103. A is accused of a crime. Applying Section 8, Indian Evidence Act, which of the following facts can be relevant?
A. The facts that, after commission of the alleged crime, he absconded or was in possession of property or the proceeds of property acquired by the crime
B. The facts that, after commission of the alleged crime, he attempted to conceal things which were of might have been used in committing it, are relevant
C. Either (A) or (B)
D. None of them
Ans: C
104. A connection of B, Produces deeds relating to lands in B’s possession which were deposited with him by B for safe custody Applying Section 92, Indian Evidence Act, which of the following is possible?
A. The custody needs requires further evidence
B. The custody is illegal
C. The custody is proper
D. None of them
Ans: C
105. A wishes to prove, by secondary evidence, the contents of a lost document. Applying Section 104, Indian Evidence Act:
A. A need not prove that the document has been lost
B. A must prove that the document has been lost
C. Either (A) and (B)
D. None of them
Ans: B
106. Allegatio contra factum non est admittenda means:
A. Where a man has entered into a solemn engagement under his hand and seal as to certain facts he shall not be permitted to deny any matter which he has so asserted
B. Where a man has entered into a ceremonial engagement under his hand and seal as to certain facts he may be permitted to deny any matter which he has so asserted
C. Where a man has entered into an arrangement under his hand and seal as to certain facts he may be permitted to modify any matter which he has so asserted
D. None of them
Ans: A
107. Confession caused by inducement, threat or promise when irrelevant in criminal proceeding is covered under which of the following section of the Indian Evidence Act?
A. Section 12
B. Section 16
C. Section 24
D. Section 18
Ans: C
108. Factum probandum means:
A. facts that are in issue, that are to be proved
B. facts that are in issue does not require proof
C. Either (A) or (B)
D. None of them
Ans: A
109. In which of the following act the word “probate” is defined?
A. Section 2 (f) of the Indian Succession Act
B. Section 3 (g) of the Indian Succession Act
C. Section 4 (h) of the Indian Succession Act
D. Section 5 (i) of the Indian Succession Act
Ans: A
110. On what strict condition the operation of Section 10, Indian Evidence Act is based?
A. There should be reasonable ground to believe that two or more persons have conspired together to commit an offence
B. There must be reason to believe that there was a conspiracy and the accused persons were members of that conspiracy
C. There should be prima facie evidence in support of the conspiracy between two accused
D. All of them
Ans: D
111. Section 32, Indian Evidence Act refers to which of the following kind of statements?
A. When the statement is made by a person as to the cause of his death
B. When the statement is made by a person as to any of the circumstances of the transaction which resulted in his death
C. Either (A) or (B)
D. None of them
Ans: C
112. Section 65 A, Indian Evidence Act states:
A. A notice must be given before secondary evidence can be received under Section 65 A, Indian Evidence Act
B. Notice to produce a document must be in writing
C. Order XI, Rule 15, of the Code of Criminal Procedure Code, prescribes the kind of notice to produce a document
D. All of them
Ans: D
113. The rule that a judgment in personam is inadmissible against strangers is subject to the following exceptions in addition to those already mentioned:
I. When the judgement determines a question of public right and is admissible as evidence or reputation
II. In bankruptcy proceedings
III. In administration proceedings
IV. To an extent in patent action
A. I, III and IV
B. II and IV
C. I, II and IV
D. All of them
Ans: D
114. Under Section 26, Indian Evidence Act, a confession made by a person in the custody of the police is admissible if:
A. It is made to the police officer in the immediate presence of a Magistrate
B. It is made in the custody of the police officer to a magistrate
C. It is made in the custody of the police officer in the immediate presence of a Magistrate
D. None of them
Ans: C
115. Under the Indian Evidence Act, matters other than which of the following statements of witnesses and documents produced for the inspection of the Court, are not evidence according to the definition of the Act?
A. A confession or a statement of an accused in a trial; statements made by the parties when examined otherwise than as witnesses; demeanour of any witness under examination
B. The result of local investigation or local inspection
C. Material objects other than documents such as weapons, tools stolen properties etc
D. All of them
Ans: D
116. What are the constituent elements of criminal conspiracy?
I. An agreement between two or more persons
II. To do an illegal act
III. To do a legal act by illegal means
IV. An overt act done in pursuance of the conspiracy
A. I and IV
B. II and IV
C. IV
D. All of them
Ans: D
117. Which of the following is an exception to the provisions under Section 91, Indian Evidence Act?
A. When a public officer is required by law to be appointed in writing, and any officer has acted as such, the writing need not be proved
B. Wills admitted to probate in India may be proved by the probate
C. Both (A) and (B)
D. None of them
Ans: C
118. Which of the following is important under Section 76, Indian Evidence Act?
A. The person giving a certified copy must be public officer having the custody of the document
B. The document is a public document
C. The person who applies for the copy with certificate giving the date, name etc
D. All of them
Ans: D
119. Which of the following section comes into play when a witness in under cross-examination?
A. Section 115
B. Section 125
C. Section 135
D. Section 145
Ans: D
120. Which of the following section of the Indian Evidence Act deals with on whom burden of proof lies?
A. Section 100
B. Section 101
C. Section 102
D. Section 105
Ans: C
121. Which of the following section of the Indian Evidence Act deals with admissibility of electronic records?
A. Section 70
B. Section 65-B
C. Section 78-B
D. Section 84-A
Ans: B
122. Which of the following section of the Indian Evidence Act deals with facts relevant when right or custom is in question?
A. Section 13
B. Section 15
C. Section 19
D. Section 20
Ans: A
123. Which of the following section of the Indian Evidence Act deals with proof of other official documents?
A. Section 78
B. Section 82
C. Section 71
D. Section 74
Ans: A
124. Which of the following section of the Indian Evidence Act deals with the production of title-deeds of witness not party?
A. Section 132
B. Section 121
C. Section 128
D. Section 130
Ans: D
125. Which of the following section of the Indian Evidence Act deals with what evidence to be given when statement forms part of a conversation, document, book, or series of letters or papers?
A. Section 35
B. Section 39
C. Section 38
D. Section 42
Ans: B
126. Which of the following section of the Indian Evidence Act introduces an exception to the general rule that confession can be used against the maker of it?
A. Section 42
B. Section 38
C. Section 35
D. Section 30
Ans: D
127. A and B make a contract in writing to take effect upon the happening of a certain contingency. The writing is left with B, who sues A upon it. Applying Section 92, Indian Evidence Act:
A. A cannot show the circumstances under which it was delivered
B. A does not need to show the circumstances under which it was delivered
C. A may show the circumstances under which it was delivered
D. None of them
Ans: C
128. A is accused of receiving stolen property knowing it to have been stolen. It is proposed to prove that he denied the possession of the property. Applying Section 136, Indian Evidence Act:
A. The relevancy of the denial depends on the identity of the property
B. The Court may, in its discretion, require the property to be identified before the denial of the possession is proved
C. The Court may permit the denial of the possession, to be proved before the property is identified
D. All of them
Ans: D
129. Facts showing existence of state of mind, or of body or bodily feeling is dealt under which of the following section of the Indian Evidence Act?
A. Section 12
B. Section 14
C. Section 16
D. Section 10
Ans: B
130. According to Wigmore, the facts which would normally fall under Section 11, Indian Evidence Act are of which of the following type of cases:
I. The absence of the person charged at the place of the occurrence
II. The absence of a husband (non-access) – variety of the proceedings
III. The survival of the alleged deceased person after the supposed time of death
IV. The doing of a crime by a third person
V. The self – infliction of the harm alleged
A. I and III
B. II and V
C. IV
D. All of them
Ans: D