Multiple Choice Questions on Indian Evidence Act

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Multiple choice questions on Indian Evidence Act especially compiled for UPSC, Civil Services, IAS and Indian Judicial Examinations!

1. Generally dying declarations are admissible as evidence under-

A. Section 20 of the Indian Evidence Act, 1872

B. Section 25 of the Indian Evidence Act, 1872

C. Section 32 of the Indian Evidence Act, 1872

D. Section 35 of the Indian Evidence Act, 1872

Ans. C

2. Which of the following statements hold true for dying declarations?

A. Dying declarations cannot be used as a sole basis of conviction

B. Dying declarations unless corroborated cannot be used as sole basis of conviction

C. Dying declaration which is brief must be discarded

D. When eyewitness affirms that the deceased was not in a fit state to make the declaration, medical opinion cannot prevail

Ans. D

3. In which of the following cases the evidence given by the witness will NOT be relevant under section 33 of the Indian Evidence Act, 1872?

A. When the witness is staying abroad

B. When the witness is dead

C. When witness cannot be found

D. When the witness is in coma

Ans. A

4. Accused wants to submit a document for consideration under section 35 of the Indian Evidence Act, 1872. In which of the following cases will the document become irrelevant?

A. It does not deal with a fact in issue

B. It does not deal with a relevant fact

C. It is not an entry made in public or other official book, register or record

D. It is not an entry made by public servant

Ans. C

5. A party wants to set aside a judgement under section 44 of the Indian Evidence Act, 1872. In which of the following circumstances can he do so?

A. In case the judgement was passed by a superior Court

B. In case the person challenging is a stranger to the proceedings

C. In case the judgement was a result of gross negligence

D. All of these

Ans. A

6. According to section 61 of the Indian Evidence Act, 1872 –

A. The contents of documents must be proved by primary evidence

B. The contents of documents must be proved by secondary evidence

C. The contents of documents must be proved by both primary and secondary evidence

D. The contents of documents must be proved either by primary or secondary evidence

Ans. D

7. Definition of secondary evidence has been given under _________ of the Indian Evidence Act, 1872?

A. Section 61

B. Section 62

C. Section 63

D. Section 64

Ans. C

8. B, an accused wants to submit carbon copy of the suicide note as secondary evidence. The original is with the opposite party and he has failed to produce the same. The suicide was not within the knowledge of the accused prior to the receipt of carbon copy. Which of the following statements will hold true for the case?

A. The evidence cannot be admitted due to applicability of section 30 of the Indian Evidence Act

B. The evidence cannot be admitted because it fails to satisfy the requirements of section 64 of the Indian Evidence Act, 1872

C. The evidence cannot be admitted because it fails to satisfy the requirements of section 65 of the Indian Evidence Act, 1872

D. The evidence can be admitted as it satisfies the requirements of both section 64 and section 65 of the Indian Evidence Act, 1872

Ans. D

9. According to section 65 of the Indian Evidence Act, 1872 the secondary evidence can be admitted in ________ exceptional cases.

A. Three

B. Five

C. Seven

D. Nine

Ans. C

10. Which of the following sections of the Indian Evidence Act, 1872 gives provisions regarding proof as to electronic signatures?

A. Section 67

B. Section 67A

C. Section 67B

D. Section 67C

Ans. B

11. 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

12. Which of the following section of the Indian Evidence Act, 1872 has been amended by the Criminal Law (Amendment) Act, 2013?

A. Section 32

B. Section 55

C. Section 119

D. Section 124

Ans. C

13. Which of the following statements hold true for section 154 of the Indian Evidence Act, 1872?

A. The Court is bound to give leave if the requirements are met

B. The witness must be declared hostile before making a plea under this section

C. The Court can give the leave under this section suo motu

D. All of these

Ans. C

14. Which of the following questions is proper under section 148 of the Indian Evidence Act, 1872?

A. If the imputation refers to matters remote in time

B. If the imputation refers to such matters that its truth does not affect the credibility of the witness

C. If they are of such nature that the truth of the imputations touches the credibility of the witness

D. If there is great disproportion between the importance of the imputation and the importance of the evidence

Ans. C

15. During the cross examination of the witness as to previous statements made before the police almost all contradictions or omissions were brought on record, which were portions from the statements made before the police that were not deposed before the court. Which of the following statements will apply to the case?

A. The credibility of the witness has been impeached under section 148 of the Indian Evidence Act, 1872

B. The credibility of the witness has been impeached under section 145 of the Indian Evidence Act, 1872

C. The credibility of the witness has not been impeached because the contradictions were not as contemplated under section 145 of the Indian Evidence Act, 1872

D. The credibility of the witness has not been impeached because the protection under section 154 of the Indian Evidence Act, 1872 will apply

Ans. C

16. A person summoned to produce a document-

A. Does not become a witness in the case unless he is called as a witness

B. Automatically becomes a witness in the case

C. Automatically becomes an hostile witness in the case

D. Can be cross examined without being called as a witness

Ans. A

17. Which of the following statements hold true for examination in chief of a witness?

A. The leading questions can be used

B. It must only relate to relevant facts

C. It must only relate to the fact in question

D. All of these

Ans. B

18. _________________ section of the Indian Evidence Act, 1872 was inserted by the Criminal law (Amendment) Act, 2013.

A. Section 53

B. Section 53 A

C. Section 119

D. Section 119A

Ans. B

19. An admission is NOT relevant in a civil case if it is-

A. Relevant otherwise than as an admission

B. Proceeding from a person in authority

C. Made under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given

D. Made by a pleader, attorney or a vakil

Ans. C

20. Opinions of an expert expressed in a book commonly offered for sale CANNOT be proved by the production of such book-

A. If the author is dead

B. It the author cannot be found

C. If the author has become incapable of giving evidence

D. If the author has gone abroad on vacation

Ans. D

21. Which of the following section of the Indian Evidence Act does not apply to interrogations by a Customs Officer exercising power under Section 171 -A of the Sea Customs Act?

A. Section 131

B. Section 132

C. Section 133

D. Section 134

Ans. B

22. Which of the following section prescribe the method by which signature can be proved?

A. Section 45, Indian Evidence Act

B. Section 46, Indian Evidence Act

C. Section 47, Indian Evidence Act

D. both (A) and (B)

Ans. D

23. Which of the following is true of the effects of admissions?

A. an admission constitutes a substantive piece of evidence in the case and, for that reason, can be relied upon for proving the truth of the facts incorporated therein

B. an admission has the effect of shifting the onus of proving to the contrary on the party against whom it is produced, with the result that it casts an imperative duty on such party to explain it. In the absence of a satisfactory explanation, it is presumed to true

C. an admission, in order to be competent and to have the value and effect referred to above should be clear, certain and definite, and not ambiguous, vague to be true

D. all of them

Ans. D

24. An attesting witness is:

A. one who signs his name to an instrument, at the request of the party or parties, for the purposes of proving or identifying it

B. a witness who has attested the document

C. both (A) and (B)

D. none of them

Ans. C

25. A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. Applying Section 115, Indian Evidence Act:

A. He must be allowed to prove his want of title

B. He may be allowed to prove his want of title

C. He must not be allowed to prove his want of title

D. none of them

Ans. C

26. Admissible evidence is thus that which is:

A. relevant

B. not excluded by any rule of law or practice

C. either (A) or (B)

D. both (A) and (B)

Ans. D

27. A is accused of a crime committed by him at Calcutta. He produces a letter written by himself and dated at Lahore on that day, and bearing the Lahore post-mark of that day. Applying Section 21, Indian Evidence Act, which of the following is possible?

A. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 27, clauses (2)

B. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 29, clauses (2)

C. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 32, clauses (2)

D. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 34, clauses (2)

Ans. C

28. A is tired for a riot and is proved to have marched at the head of a mob. Applying Section 9, Indian Evidence Act:

A. The cries of the mob are irrelevant as it does not explain the nature of the transaction

B. The cries of the mob are relevant as explanatory of the nature of the transaction

C. either (A) or (B)

D. none of them

Ans. B

29. A, a sculptor, agrees to sell to B, “all my mods.” A has both models and modelling tools. Applying Section 98, Indian Evidence Act:

A. evidence cannot be given to show which he meant to sell

B. evidence needed not be given to show which he meant to sell

C. evidence may be given to show which he meant to sell

D. none of them

Ans. C

30. Entry in the Monzawari Register is admissible under:

A. Section 32, Indian Evidence Act

B. Section 35, Indian Evidence Act

C. Section 37, Indian Evidence Act

D. Section 39, Indian Evidence Act

Ans. B

31. In criminal cases under Section 54, Indian Evidence Act to prove that the defendant committed the crime charged, evidence may not be given that he:

A. bore a bad reputation in the community

B. has a disposition to commit crime of that kind

C. had no other occasions committed particular acts of the same class evincing such disposition

D. all of them

Ans. D

32. In which of the following cases did the court held that a party who produces witnesses in court produces them as witnesses of truth; and simply because portions of their statements are not favourable to the party producing them, they cannot be condemned as biased witnesses?

A. Gyasuddin Khan v. State of Bihar, AIR 2004 SC 201, para 12 : 2004 CrLJ 395

B. Lekhraj v. State of Gujarat, AIR 1998 SC 242 : 1998 CrLJ 396.

C. Gulabchand Ganbhiramal v. Kudilal Govindram, AIR 1959 MP 151 : 1961 CrLJ 55 (FB).

D. Siddiqua v. Narcotics Control Bureau, 2007 CrLJ 1471, 1480 (para 17) (Del).

Ans. C

33. In which of the following proceeding of domestic tribunals and departmental enquiries, the Indian Evidence Act is not applicable?

A. officers conducting departmental inquiries

B. departmental proceedings

C. disciplinary proceedings tribunal

D. all of them

Ans. D

34. Proviso 1 to Section 33, Indian Evidence Act, not only covers cases of privity in estate and succession of title, but also cases where which of the following condition is met?

A. the interest of the relevant party in the second proceeding is the subject matter of the first proceeding and is consistent with and not antagonistic to the interest therein of the relevant party to the first proceeding

B. the interest of both in the answer to be given to the particular question in issue in the first proceeding is identical

C. either (A) or (B)

D. both (A) and (B)

Ans. D

35. Relevancy of facts forming part of same transaction is dealt under which of the following section of the Indian Evidence Act?

A. Section 4

B. Section 6

C. Section 10

D. Section 8

Ans. B

36. Section 132 of the Indian Evidence Act does not apply to a statement made by a person during an investigation under:

A. Section 159 Cr. P.C

B. Section 161 Cr. P.C

C. Section 163 Cr. P.C

D. Section 166 Cr. P.C

Ans. B

37. Section 31, Indian Evidence Act declares:

A. that admissions are not conclusive proof of the matters admitted, but they may operate as estoppels

B. Unless admissions are contractual or unless they constitute estoppels they are not conclusive, but are open rebuttal or explanation.

C. either (A) or (B)

D. both (A) and (B)

Ans. D

38. Section 65, Indian Evidence Act with which of the following situation under which secondary evidence can be given?

A. when the original is shown or appears to be in possession and power of the person against whom the document is sought to be proved

B. when it is in possession or power of any person who is out of reach, or not subject to the process of the Court

C. when it is in the possession of any person legally bound to produce it, but he fails to produce it after the notice mentioned in Section 66, Indian Evidence Act is given to him

D. all of them

Ans. D

39. The defence of alibi is best because:

A. if the accused was not there, when the deceased was murdered, he could not have murdered her

B. once the pleas of alibi is raised no other defence is open to the prosecution

C. it leaves room for no other defence for the accused

D. none of them

Ans. A

40. An estate called “the Rampur Tea Estate” is sold by a deed which contains a map of the property sold. Applying Section 92, Indian Evidence Act:

A. the fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed need not be proved

B. the fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed is irrelevant

C. the fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed cannot be proved

D. none of them

Ans. C

41. Which of the following is the way to assess damage under Section 12, Indian Evidence Act?

I. the damage suffered should be near as possible to the sum which will put the injured party in the same position as he would have been if he had not sustained the wrong for which he was awarded damages or compensation

II. damages are usually assessed on the basis of actual loss suffered and are called general or ordinary damages

III. where the plaintiff has not suffered any real damages by reason of breach of contract, normally, nominal damages are awarded

IV. special damages can be awarded for personal inconveniences or physical dis-comfort caused by the other party

A. I, III and IV

B. II, III and IV

C. I, II and IV

D. all of them

Ans. D

42. The history sheet of an accused person, kept in the police station is not a man’s character, as it is based on:

A. conviction

B. hearsay

C. investigation

D. none of them

Ans. B

43. The principle on which a dying declaration is admitted in evidence is indicated in legal maxim:

A. nemo moriturus proesumitur mentiri

B. lex fori

C. res judica

D. none of them

Ans. A

44. The principles of Section 44, Indian Evidence Act cannot be extended to which of the following?

A. misrepresentation or undue influence

B. fraud

C. collision

D. all of them

Ans. A

45. Section 15, Indian Evidence Act deals with a particular application of the general principle laid down in:

A. Section 7, Indian Evidence Act

B. Section 10, Indian Evidence Act

C. Section 12, Indian Evidence Act

D. Section 14, Indian Evidence Act

Ans. D

46. The question is, whether A poisoned B. Applying Section 6, Indian Evidence Act which of the following facts can be relevant?

A. marks on the ground produced by a struggle at or near the place where the murder was committed

B. the state of B’s health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison

C. the facts that shortly before the poisoning, B went to a fair with money in possession, and that he showed it or mentioned the fact that he had it, to third persons

D. none of them

Ans. B

47. To invoke the doctrine of estoppel which of the following condition must be satisfied?

A. representation by a person to another

B. the other shall have acted upon the said representation

C. such person shall have been detrimental to the interest of the person to whom the representation has been made

D. all of them

Ans. D

48. What do you understand by admission of execution?

A. it means only admission of signature

B. it means only valid attestation of the signature by two witnesses as required by law

C. both (A) and (B)

D. none of them

Ans. D

49. Under Section 82, Indian Evidence Act the Court must presume:

A. that the seal or stamp or signature is genuine

B. that the person signing the document held, at the time when he signed, the judicial or official character he claims

C. both (A) and (B)

D. none of them

Ans. C

50. What do you understand by libellous character?

A. constituting or containing a libel

B. constituting or containing a praise

C. constituting or containing a commendation

D. none of them

Ans. A

51. A dying declaration to be admissible:

(a) must be made before a Magistrate

(b) must be made before the police officer

(d) may be made either before a magistrate or a police officer or a doctor or a private person.

Ans. (d)

52. Declaration in course of business are admissible:

(a) under section 32(1) of Evidence Act

(b) under section 32(2) of Evidence Act

(d) under section 32(7) of Evidence Act.

Ans. (b)

53. Declaration as to custom are admissible:

(a) under section 32(1) of Evidence Act

(b) under section 32(2) of Evidence Act

(d) under section 32(7) of Evidence Act.

Ans. (c)

54. Under section 32(4) of Evidence Act, the declaration:

(a) as to public rights & customs are admissible

(b) as to private rights & customs are admissible

(d) only as to customs are admissible.

Ans. (a)

55. Opinions of experts are relevant:

(a) under section 45 of Evidence Act

(b) under section 46 of Evidence Act

(d) under section 48 of Evidence Act.

Ans. (a)

56. Under section 45 of Evidence Act, the opinion of expert can be for:

(a) identity of hand writing

(b) identity of finger impression

(d) neither (a) nor (b).

Ans. (c)

57. Under section 45 of Evidence Act the opinion of expert can be on the question of:

(a) Indian law

(b) Foreign law

(d) only (a) & not (b).

Ans. (b)

58. Opinion of an expert under section 45 of Evidence Act:

(a) is a conclusive proof

(b) is not a conclusive proof

(d) either (a) or (c).

Ans. (c)

59. A disputed handwriting can be proved:

(a) by calling an expert

(b) by examining a person acquainted with the handwriting of the writer of the questioned document

(d) all the above.

Ans. (d)

60. The res inter alia acta is receivable:

(a) under section 45 of Evidence Act

(b) under section 46 of Evidence Act

(d) under section 48 of Evidence Act.

Ans. (b)

61. Entries in the books of accounts regularly kept in the course of business are admissible under section 34 of Evidence Act:

(a) if they by themselves create a liability

(b) if they by themselves do not create a liability

(d) either (a) or (b).

Ans. (c)

62. When the court has to ascertain the relationship between one person and another, the opinion of any person having special means of knowledge and expressed by conduct is admissible:

(a) under section 51 of Evidence Act

(b) under section 50 of Evidence Act

(d) under section 49 of Evidence Act.

Ans. (b)

63. The relationship in section 50 of Evidence Act means:

(a) relationship by blood only

(b) relationship by blood or marriage

(d) only (a) and not (b) & (c).

Ans. (c)

64. Opinion as to relationship of marriage under section 50 of CPC:

(a) is admissible in cases of offences against marriage

(b) is admissible in proceedings under Indian Divorce Act

(d) is neither admissible in cases of offences against marriage nor in proceedings under Indian Divorce Act

Ans. (d)

65. Propositions under Evidence Act are:

I. In civil cases, character evidence is inadmissible unless the character of a party is a fact in issue. II. In criminal cases, the evidence of good character is admissible generally.

III. In criminal proceedings, evidence of bad character is inadmissible unless the same is a fact in issue.

IV. In criminal proceedings evidence of bad character is admissible when evidence of good character has been given.

In relation to the above propositions which of the following is correct statement:

(a) all the four (I, II, III & IV) are correct

(b) I, II & III are correct but IV is incorrect

(d) I & III are correct but II & IV are incorrect

(e) I, II & IV are correct but III is incorrect

(f) II, III & IV are correct but I is incorrect.

Ans. (a)

66. Facts of which the judicial notice is to be taken are stated in:

(a) section 56 of Evidence Act

(b) section 57 of Evidence Act

(d) section 55 of Evidence Act.

Ans. (b)

67. List of facts of which the judicial notice has to be taken under section 57 of Evidence Act:

(a) is exhaustive

(b) is illustrative only

(d) is neither (a) nor (b).

Ans. (b)

68. Facts which need not be proved by the parties include:

(a) facts of which judicial notice has to be taken

(b) facts which have been admitted by the parties at or before the hearing

(d) neither (a) nor (b).

Ans. (c)

69. The court may in its discretion call for proving the facts:

(a) of which judicial notice has to be taken

(b) which have been admitted otherwise than such admissions

(d) neither (a) nor (b).

Ans. (b)

70. Oral evidence under section 60 of Evidence Act may be:

(a) direct only

(b) hearsay

(d) either (a) or (b).

Ans. (a)

71. Contents of a document under section 59 of Evidence Act:

(a) can be proved by oral evidence

(b) cannot be proved by oral evidence

(d) can only be proved by oral evidence under the order of the court.

Ans. (b)

72. Contents of a document may be proved under section 61 of Evidence Act:

(a) by primary evidence

(b) by secondary evidence

(d) only by primary evidence & not by secondary evidence.

Ans. (c)

73. Secondary evidence of a document means:

(a) copies of that document

(b) oral account of the contents of the documents

(d) only (a) & not (b).

Ans. (c)

74. Secondary evidence of a document is admissible as a substitute for:

(a) admissible primary evidence

(b) inadmissible primary evidence under certain circumstances

(d) both (a) & (b) are correct.

Ans. (a)

75. The circumstances under which the secondary evidence is admissible have been enumerated in:

(a) section 63 of Evidence Act

(b) section 64 of Evidence Act

(d) section 66 of Evidence Act.

Ans. (c)

76. Secondary evidence is admissible:

(a) where the non-production of primary evidence has not been accounted for

(b) where the non-production of primary evidence has been accounted for

(d) both (a) & (c) are correct.

Ans. (b)

77. Oral account of the contents of a document is admissible:

(a) when given by a person who has seen & read the document

(b) when given by a person who has seen but not read the document

(d) when given by any of the above.

Ans. (a)

78. A document required by law to be attested can be proved under section 68 of Evidence Act only:

(a) by calling both the attesting witnesse

(b) by calling at least one of the attesting witnesses

(d) all of the above are correct.

Ans. (b)

79. The calling of at least one attesting witness to prove a document under section 68 is not necessary:

(a) when the document other than a will is registered under the Indian Registration Act, 1908

(b) when the document including Will is registered under the Indian Registration Act, 1908

(d) both (b) & (c) are correct.

Ans. (a)

80. A will is required to be proved by calling at least one attesting witness:

(a) when it is registered

(b) when it is unregistered

(d) all of the above.

Ans. (d)

81. Public documents are mentioned in:

(a) section 72 of Evidence Act

(b) section 73 of Evidence Act

(d) section 75 of Evidence Act.

Ans. (c)

82. Documents which are not covered under section 74 of Evidence Act are called:

(a) semi-public documents

(b) quasi-public documents

(d) all the above.

Ans. (c)

83. Maxim ‘omnia proesumuntur rite esse acta’ means:

(a) all acts are presumed to be rightly done

(b) all acts are presumed to be not rightly done

(d) all acts are presumed to be not wrongly done.

Ans. (a)

84. Admissibility of electronic record has been prescribed under:

(a) section 65 of Evidence Act

(b) section 65A of Evidence Act

(d) section 66 of Evidence Act.

Ans. (c)

85. Principle of ‘omnia proesumuntur rite esse acta’ is contained in:

(a) section 78 of Evidence Act

(b) section 79 of Evidence Act

(d) section 81 of Evidence Act.

Ans. (b)

86. Section 79 of Evidence Act applies to:

(a) certificates issued by a Government officer

(b) certified copies issued by a Government officer

(d) all the above.

Ans. (d)

87. Section 79 of Evidence Act contains:

(a) an irrebuttable presumption of law

(b) a rebuttable presumption of law

(d) no presumption either of fact or law.

Ans. (b)

88. Sections 79 to 85 of Evidence Act contain:

(a) presumption of facts

(b) rebuttable presumptions of law

(d) irrebuttable presumptions of facts.

Ans. (b)

89. Presumption as to the accuracy of maps & plans made by the authority of Government is contained in:

(a) section 81 of Evidence Act

(b) section 82 of Evidence Act

(d) section 84 of Evidence Act.

Ans. (c)

90. Under section 83 of Evidence Act, presumption as to accuracy of maps & plans can be raised in respect of:

(a) maps & plans made by private persons

(b) maps & plans made by the authority of Government

(d) only (a) & not (b).

Ans. (b)

91. Which of the following section of the Indian Evidence Act does not apply to interrogations by a Customs Officer exercising power under Section 171 -A of the Sea Customs Act?

A. Section 131

B. Section 132

C. Section 133

D. Section 134

Ans: B

92. Which of the following is true of the effects of admissions?

A. An admission constitutes a substantive piece of evidence in the case and, for that reason, can be relied upon for proving the truth of the facts incorporated therein

B. An admission has the effect of shifting the onus of proving to the contrary on the party against whom it is produced, with the result that it casts an imperative duty on such party to explain it. In the absence of a satisfactory explanation, it is presumed to true

C. An admission, in order to be competent and to have the value and effect referred to above should be clear, certain and definite, and not ambiguous, vague to be true

D. All of them

Ans: D

93. A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. Applying Section 115, Indian Evidence Act:

A. He must be allowed to prove his want of title

B. He may be allowed to prove his want of title

C. He must not be allowed to prove his want of title

D. None of them

Ans: C

94. A is accused of a crime committed by him at Calcutta. He produces a letter written by himself and dated at Lahore on that day, and bearing the Lahore post-mark of that day. Applying Section 21, Indian Evidence Act, which of the following is possible?

A. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 27, clauses (2)

B. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 29, clauses (2)

C. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 32, clauses (2)

D. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 34, clauses (2)

Ans: C

95. A, a sculptor, agrees to sell to B, “all my mods.” A has both models and modelling tools. Applying Section 98, Indian Evidence Act:

A. Evidence cannot be given to show which he meant to sell

B. Evidence needed not be given to show which he meant to sell

C. Evidence may be given to show which he meant to sell

D. None of them

Ans: C

96. In criminal cases under Section 54, Indian Evidence Act to prove that the defendant committed the crime charged evidence may not be given that he:

A. Bore a bad reputation in the community

B. Has a disposition to commit crime of that kind

C. Had no other occasions committed particular acts of the same class evincing such disposition

D. All of them

Ans: D

97. In which of the following proceeding of domestic tribunals and departmental enquiries, the Indian Evidence Act is not applicable?

A. Officers conducting departmental inquiries

B. Departmental proceedings

C. Disciplinary proceedings tribunal

D. All of them

Ans: D

98. Relevancy of facts forming part of same transaction is dealt under which of the following section of the Indian Evidence Act?

A. Section 4

B. Section 6

C. Section 10

D. Section 8

Ans: B

99. Section 31, Indian Evidence Act declares:

A. That admissions are not conclusive proof of the matters admitted, but they may operate as estoppels

B. Unless admissions are contractual or unless they constitute estoppels they are not conclusive, but are open rebuttal or explanation.

C. Either (A) or (B)

D. Both (A) and (B)

Ans: D

100. The defence of alibi is best because:

A. If the accused was not there, when the deceased was murdered, he could not have murdered her

B. Once the pleas of alibi is raised no other defence is open to the prosecution

C. It leaves room for no other defence for the accused

D. None of them

Ans: A

101. Which of the following is the way to assess damage under Section 12, Indian Evidence Act?

I. The damage suffered should be near as possible to the sum which will put the injured party in the same position as he would have been if he had not sustained the wrong for which he was awarded damages or compensation

II. Damages are usually assessed on the basis of actual loss suffered and are called general or ordinary damages

III. Where the plaintiff has not suffered any real damages by reason of breach of contract, normally, nominal damages are awarded

IV. Special damages can be awarded for personal inconveniences or physical dis-comfort caused by the other party

A. I, III and IV

B. II, III and IV

C. I, II and IV

D. all of them

Ans: D

102. The principle on which a dying declaration is admitted in evidence is indicated in legal maxim:

A. Nemo moriturus proesumitur mentiri

B. Lex fori

C. Res judica

D. None of them

Ans: A

103. The proviso to the Section 65, Indian Evidence Act has been added by which of the following Act?

A. Act XXXI of 1926

B. Act XXII of 1926

C. Act XIII of 1926

D. Act XIV of 1926

Ans: A

104. To invoke the doctrine of estoppel which of the following condition must be satisfied?

A. Representation by a person to another

B. The other shall have acted upon the said representation

C. Such person shall have been detrimental to the interest of the person to whom the representation has been made

D. All of them

Ans: D

105. Under Section 82, Indian Evidence Act the Court must presume:

A. That the seal or stamp or signature is genuine

B. That the person signing the document held, at the time when he signed, the judicial or official character he claims

C. Both (A) and (B)

D. None of them

Ans: C

106. What is direct evidence?

I. Evidence given where witness testifies directly of his own knowledge as to the main fact or facts in dispute

II. That which tends to prove the fact at issue without the intervention of proof of any other fact

III. One requiring no support by other evidence

IV. When the principal fact, or factum probandum, is attested directly by witnesses, things or documents

A. I, II

B. III, IV

C. II, III, IV

D. all of them

Ans: D

107. Which of the following are true for Section 27, Indian Evidence Act?

I. There must be information

II. It does not matter whether the information amounts to confession or not

III. That person must be whether the information amounts to confession or not

IV. In consequence of the information a fact must be deposed to as discovered

V. In such a case so much of the information as relates distinctly to the fact thereby discovered may be proved

A. I, III and V

B. II, III and V

C. Ill, IV and V

D. All of them

Ans: D

108. Which of the following is true concerning retracted confession?

A. It is the law that once a confession is retracted, the Court should presume that it was tainted and be thrown overboard

B. The retracted confession of co-accused is very weak and if retracted, the same is admissible against the maker of it

C. The Court is bound to take the factum of retraction of confession

D. Retracted confession must be looked upon with lesser concern

Ans: C

109. Which class of persons does Section 18, Indian Evidence Act lies down who can make admissions?

I. Party to the proceeding

II. Agent authorised by a party

III. Party suing or sued in a representative character, making admissions while holding such character

IV. Persons who has any proprietary or pecuniary interest in the subject-matter of the proceedings, during the continuance of such interest

V. Persons from whom the parties to the suit have derived their interest in the subject- matter of the suit, during the continuance of such interest

A. I and III

B. II

C. IV and V

D. All of them

Ans: D

110. Which of the following section of the Indian Evidence Act deals with admission by person from whom interest is derived?

A. Section 12

B. Section 16

C. Section 13

D. Section 18

Ans: D

Law, India, Evidence Act, Multiple Choice Questions on Indian Evidence Act

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