Questions and answers on Indian Evidence Act especially compiled for UPSC, civil services, IAS and Indian judicial service examinations!
1. Where the only evidence is of identification of dacoits, the question of light is of paramount importance. It is the duty of the Court to see:
I. state of light at the time of dacoity or any offence
II. condition of the eye-sight of the identifier
III. state of his mind
IV. opportunity of seeing the offender
V. errors committed by him in identification
VI. any special conduct or outstanding features of the offender noticed by him
A. I, III and IV
B. II, III and V
C. I, II and VI
D. all of them
Ans. D
2. 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
3. Which of the following admission is equally, if not more, effective under Section 31, Indian Evidence Act?
A. admissions contained in the pleadings in a case which would circumscribe the issues and avoid the necessity of proof
B. admissions made by the parties to a suit on earlier occasions either in prior proceedings in a court of law, or, in statements made out of court
C. either (A) or (B)
D. both (A) and (B)
Ans. D
4. Which of the following is a necessary ingredient for proving the attestation?
A. Animus attestandi
B. Certiorari
C. Falsus in uno, falsus i omnibus
D. none of them
Ans. A
5. Which of the following is false of Section 73, Indian Evidence Act?
A. this section does not prohibit the sending of handwriting given by a person in a Court to a handwriting expert for his opinion
B. the Court bound to refer to a handwriting expert when by itself it could note dissimilarity in the signature and handwriting
C. the Court is precluded from coming to its own conclusion in cases where it is fully familiar with the language and script which is the subject matter of scrutiny before it and where it has the assistance in such scrutiny of the counsel of the parties
D. all of them
Ans. B
6. 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
7. Which of the following kind of judgment would always be admissible irrespective of whether they are inter partes or not?
A. judgment or order passed in admiralty
B. judgment or order passed in probate proceedings
C. both (A) and (B)
D. none of them
Ans. C
8. 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
9. Which of the following section of the Indian Evidence Act deal with documents which contain latent ambiguities?
A. Section 95
B. Section 96
C. Section 97
D. all of them
Ans. D
10. 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 81
Ans. C
11. Which of the following section of the Indian Evidence Act deals with evidence as to matters in writing?
A. Section 139
B. Section 144
C. Section 155
D. Section 163
Ans. B
12. 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
13. Which of the following section of the Indian Evidence Act deals with presumption as to books, maps and charts?
A. Section 12
B. Section 87
C. Section 13
D. Section 18
Ans. B
14. 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
15. Which of the following section of the Indian Evidence Act deals with relevancy of statement as to fact of public nature, contained in certain Acts or notifications?
A. Section 28
B. Section 26
C. Section 33
D. Section 37
Ans. D
16. 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
17. Which of the following section of the Indian Evidence Act deals with special provisions as to evidence relating to electronic record?
A. Section 65-A
B. Section 16-B
C. Section 63-A
D. Section 55-A
Ans. A
18. 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
19. Which of the following section of the Indian Evidence Act provides for a means of proof of public documents which any person has a right to inspect?
A. Section 47
B. Section 59
C. Section 76
D. both (A) and (C)
Ans. C
20. 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
21. Which of the following underlying principle in Section 25-30, Indian Evidence Act would also apply to Section 15, TADAA?
A. the prosecution should prove the involvement of the accused by first using the confession of the accused
B. the prosecution should prove the involvement of the accused by first using other evidences as a substantive one
C. the prosecution should prove the involvement of the accused by other evidence first and the confession of an accused can only be used as a corroborative piece of evidence and not as a substantive one, that too against the maker only
D. none of them
Ans. C
22. 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 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
23. A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he delivered it, he knew to be counterfeit. Applying Section 14, Indian Evidence Act, which of the following facts can be relevant?
A. the fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit coins
B. the fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin knowing it to be counterfeit.
C. either (A) or (B)
D. none of them
Ans. C
24. 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
25. Which of the following words are defined subject to the qualification in Section 3 of the Indian Evidence Act?
I. Court
II. Facts in issue
III. India
IV. Not proved
V. Document
A. I and III
B. II
C. IV and V
D. all of them
Ans. D
26. 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
27. A, client, says to B, an attorney – “I wish to obtain possession of property by the use of a forged deed on which I request you to sue.” Applying Section 126, Indian Evidence Act, as this communication, being made in furtherance of a criminal purpose:
A. it may be protected from disclosure
B. it must be protected from disclosure
C. it is not protected from disclosure
D. all of them
Ans. C
28. 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
29. Allegata et probata means:
A. a term expressing the allegations made by a party to a suit and the proof adduced in their support
B. a term expressing the allegations made by a party to a suit and the proof contradicts in their support
C. a term expressing the denial made by a party to a suit and the proof adduced in their support
D. none of them
Ans. A
30. 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
31. For attracting Section 41, Indian Evidence Act, the judgment must be:
I. of a competent Court in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction
II. it must confer upon or take away from any person any legal character
III. it must declare any person to be entitled to any such legal character
IV. it must be entitled to any specific thing, not as against any specified persons but absolutely
A. I, III and IV
B. II and III
C. I, II and IV
D. all of them
Ans. D
32. 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
33. In which of the following situation, a dying declaration is inadmissible, under Section 32, Indian Evidence Act?
A. if the person making a dying declaration chances to live
B. when the victim is not proved to have died as a result of the injuries received in the incident
C. if it is made in the expectation of death
D. all of them
Ans. D
34. 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
35. Section 65 clause (e) and (f) applies to:
A. only those documents which are in existence in private records but are to be protected from the risk to which they would be exposed any constant production in courts
B. only those documents which are in existence in public records but are to be protected from the risk to which they would be exposed any constant production in courts
C. either (A) or (B)
D. none of them
Ans. B
36. The general rule laid down in Section 91 of the Indian Evidence Act is subject to the exceptions laid down in which of the following section of the Indian Evidence Act?
I. Section 95
II. Section 96
III. Section 97
IV. Section 98
V. Section 99
A. I, III, IV, V
B. II, IV, V
C. III, V
D. all of them
Ans. D
37. In which of the following ways a confession differs from an admission under Section 24, Indian Evidence Act?
I. confession is a statement made by an accused person while an admission usually relates to a civil transaction and comprises all statements amounting to admissions as defined in Section 18, Indian Evidence Act
II. confession, which if deliberately and voluntarily made, will be accepted as conclusive in itself of the matters confessed
III. confession always goes against the person making it while an admission may be used on behalf of the person making it under exceptions provided in Section 21, Indian Evidence Act
IV. confessions of one of two or more accused jointly tried for the same offence can be taken into consideration against the co-accused (Section 30, Indian Evidence Act) while an admission by one of several defendants in a suit is no evidence against another defendant
A. I and III
B. II
C. III and IV
D. all of them
Ans. D
38. The question is, whether A owes B Rs 10,000. Applying Section 8, Indian Evidence Act, which of the following facts can be relevant?
A. The facts that A asked C to lend him money, B said in A’s presence – “the police are coming to look for the man who lend the money to A” and that immediately afterwards A ran away
B. The facts that A asked C to lend him money and that D said to C in A’s presence and hearing – “I advise you not to trust A, for he owes B 10,000 rupees,” and that A went away without making any answer
C. either (A) or (B)
D. none of them
Ans. B
39. The summons to produce a document in English law is called a:
A. subpoena duces tecum
B. subpoena falsum uno
C. subpoena ultra vires
D. subpoena factum omnibus
Ans. A
40. Under Section 31, Indian Evidence Act, written or verbal statements of relevant facts made by a person who is dead, who cannot be found, who has become incapable of giving evidence or whose attendance cannot be procured without unreasonable delay or expense are relevant under which of the following circumstances:
I. when it relates to the cause of his death
II. when it is made in the course of business, such as an entry in books, or acknowledgement or the receipt of any property, or date of a document
III. when it is against the pecuniary or proprietary interest of the person making it, or when it would have exposed him to a criminal prosecution or to suit for damages
IV. when it gives opinion as to a public right or custom or matters of general interest and it was made before any controversy as to such right or custom had arisen
V. when it relates to the existence of any relationship between persons as to whose relationship the maker had special means of knowledge, and it was made before the question in dispute arose
VI. when it relates to the existence of any relationship between persons decreased and is made in any will or deed or family pedigree, or upon any tombstone or family portrait, and was made before the question in dispute arose
VII. when it contained in any deed will, or other document
VIII. when it is made by a number or persons and expresses feelings relevant to the matter in question
A. I, III and V
B. II, IV and VI
C, VII and VIII
D. all of them
Ans. D
41. What do you understand by material evidence?
A. evidence offered in a cause, or a question propounded, is “material” when it is relevant and goes to the substantial matters in dispute or has a legitimate and effective influence or bearing on the decision of the case
B. evidence offered in a cause, or a question propounded, is “material” when it has a legitimate and effective influence or bearing on the decision of the case
C. either (A) or (B)
D. none of them
Ans. C
42. What is res gestae?
A. things done, or liberally speaking, the facts of the transaction
B. the facts of a transaction, explanatory of an act or showing a motive for acting
C. matters incidental to a main fact and explanatory of it, including acts and words which are so closely connected with a main fact as will constitute a part of it, and without a knowledge of which the main fact might not be properly understood
D. all of them
Ans. D
43. When a document is lost or destroyed, the provisions of which of the following clause of Section 65, Indian Evidence Act is not attracted?
A. clause (e)
B. clause (f)
C. clause (c)
D. both (A) and (B)
Ans. D
44. When a witness is put questions per se defamatory, the remedies open to in law are:
A. protection by court
B. setting the criminal law in motion
C. filing a suit for damages
D. all of them
Ans. D
45. A leading question has been defined as a question suggesting the answer which the person putting it wishes or expects to receive, under:
(a) section 140 of Evidence Act
(b) section 141 of Evidence Act
(c) section 142 of Evidence Act
(d) section 143 of Evidence Act.
Ans. (b)
46. During examination in chief or re-examination:
(a) leading questions cannot be asked under any circumstances
(b) leading questions on certain matters can be asked without the permission of the court, as a matter of right
(c) leading question on certain matter can be asked only with the permission of the court
(d) only (a) and not (b) or (c).
Ans. (c)
47. Under section 145 of Evidence Act, a witness may be cross-examined as to previous statement in writing:
(a) without proving the same and without showing the same to the witness
(b) only after proving the same, may be without showing the same to the witness
(c) without proving the same but only after showing the same to the witness
(d) only after proving the same & showing the same to the witness.
Ans. (a)
48. Under section 145 of Evidence Act, a witness may be contradicted as to previous statement in writing:
(a) without proving the same and without showing the same to the witness
(b) without proving the same but only after showing the same to the witness
(c) after proving the same may be before showing the same to the witness
(d) after proving the same & showing the same to the witness.
Ans. (b)
49. Objections as to the admissibility of a document in evidence:
(a) can be made at any state during the trial
(b) can be made at the first opportunity when the document is tendered in evidence
(c) can be raised for the first time in appeal
Ans. (b)
50. A party/person who calls the witness can be permitted to cross-examine the witness so called by him, as provided:
(a) under section 152 of Evidence Act
(b) under section 153 of Evidence Act
(c) under section 154 of Evidence Act
(d) under section 155 of Evidence Act.
Ans. (c)
51. Section 162 of Cr PC:
(a) controls section 157 of Evidence Act
(b) controls section 156 of Evidence Act
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (a)
52. Court questions can be put by virtue of:
(a) section 164 of Evidence Act
(b) section 165 of Evidence Act
(c) section 166 of Evidence Act
(d) section 167 of Evidence Act.
Ans. (b)
53. Court question under section 165 of Evidence Act can be put to:
(a) any witness
(b) any party
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
54. To an answer to a court question, the adverse party:
(a) has a right to cross-examination as a matter of right
(b) has a right to cross-examine only with the permission of the court
(c) has no right to cross-examine the witness
(d) either (a) or (c).
Ans. (b)
55. The right to cross-examine on an answer to court question is available:
(a) to the adverse party only
(b) to the party calling the witness only
(c) to either of the parties if the answer is adverse to either of the parties
(d) only (a) and not (b).
Ans. (c)
56. Under section 41 of Evidence Act the presumption is with respect to:
(a) judgments in rem when they are inter- partes
(b) judgment in rem whether such judgments are inter-partes or not
(c) judgments in personam
(d) all the above.
Ans. (b)
57. The presumption under section 41 of Evidence Act is a:
(a) presumption of fact
(b) rebuttable presumption of law
(c) irrebuttable presumption of law
(d) presumption of fact & law.
Ans. (c)
58. Delhi High Court issued guidelines for the protection of witness in:
(a) Neelam Katara case (2003)
(b) Naina Sahni case (2007)
(c) Uphaar Cinema case (2005)
(d) Parliament attack case (2006).
Ans. (a)
59. Though the contempt proceedings are judicial proceedings, the strict rules of evidence contained in the Evidence Act do not apply to proceedings under the Contempt of Courts Act because:
(a) of summary nature of inquiry
(b) contempt matters are governed by special Acts
(c) contempt of courts does not require enquiry and the investigation
(d) contempt proceedings are tried in higher judiciary.
Ans. (a)
60. Where there are three different dying declarations, Higher Court is:
(a) not to uphold the conviction awarded by lower court
(b) to uphold the conviction awarded by lower court
(c) to go through the circumstantial evidence to uphold the conviction awarded by lower court
(d) to rely upon the versions of witnesses to uphold the conviction awarded by lower court.
Ans. (a)
61. Zahira Sheikh was prime witness in:
(a) Best Bakery case (2004)
(b) Best Bakery retrial case (2006)
(c) Sukh Ram disproportionate assets case (2005)
(d) Gujjar killings case (2003).
Ans. (b)
62. “Relationship is not a factor to affect credibility of a witness” held by the Supreme Court in:
(a) S. Sudershan Reddy v. State of Andhra Pradesh, AIR 2006 SC 2716
(b) Syed Ibrahim v. State of Andhra Pradesh, AIR 2004 SC 2596
(c) Renuka Bai v. State of Maharashtra, AIR 2006 SC 3056
(d) Minu Kumari v. State of Bihar, AIR 2006 SC 130
Ans. (a)
63. In which case the Supreme Court held that material evidence and not the number of witnesses has to be taken note to ascertain the truth of the allegations made:
(a) Surendra Prasad Tiwari v. State of Uttar Pradesh, AIR 2005 SC 125
(b) Syed Ibrahim v. State of Andhra Pradesh, AIR 2006 SC 2908
(c) Rajinder v. State of Haryana, AIR 2006 SC 21
(d) Jagdish Murav v. State of Uttar Pradesh, AIR 2007 SC 35
Ans. (b)
64. Dying declaration can be sole basis of conviction if it inspires full confidence of the court. The court should be satisfied:
(a) that deceased was in a fit state of mind at the time of making the statement
(b) that it was not the result of tutoring, prompting or product of imagination
(c) that deceased was not in a fit state of mind at the time of making the statement
(d) both (a) & (b)
Ans. (d)
65. Examination of witnesses in criminal cases through video conferencing is:
(a) permissible
(b) impermissible
(c) permissible at the option of the witness
(d) permissible at the option of the accused.
Ans. (a)
66. Which confession needs a closer scrutiny:
(a) confession made to officers under NDPS Act
(b) confession made to private citizens
(c) confession made to officials who do not have investigation powers under NDPS Act
(d) when confessional statement found voluntary and free from pressure
Ans. (a)
67. For taking the dying declaration from the deceased, the presence of Magistrate is:
(a) mandatory
(b) not mandatory
(c) required at the request of the police
(d) required at the request of the relative of the deceased
Ans. (b)
68. The evidence unearthed by the sniffer dog falls under:
(a) oral evidence
(b) documentary evidence
(c) hearsay evidence
(d) scientific evidence
Ans. (d)
69. It is a well-settled law that the rule of prudence requires that the evidence of an accomplice should ordinarily be corroborated by some other evidence. It was held by Supreme Court in:
(a) Francis Stanly v. Intelligence Officer, AIR 2007 SC 794
(b) Youaraj Rai v. Chander Bahadur Karki, AIR 2007 SC 561
(c) Kamla Devi v. Khushal Kunwar, AIR 2007 SC 663
(d) Bablu v. State of Rajasthan, AIR 2006 SC 115
Ans. (a)
70. The possession or ownership of property of the grandfather of defendant on the basis of documents 30 years old can:
(a) be proved
(b) not to be proved
(c) be proved at the option of plaintiff
(d) be proved at the option of defendant
Ans. (a)
71. An accused can be convicted on the basis of his extra judicial confession only if it is made before:
(a) a credible person
(b) a police officer
(c) a Magistrate
(d) none of these.
Ans. (a)
72. Falsus in uno, falsus in omni bus is:
(a) a rule of evidence
(b) a rule of criminal law
(c) a rule of evidence in criminal trial
(d) not a rule of evidence in criminal trial.
Ans. (d)
73. Photostat copy of family settlement is allowed to be produced before court as:
(a) primary evidence
(b) secondary evidence
(c) electronic evidence
(d) original evidence.
Ans. (b)
74. A judgment in an election petition is not one of the judgments specifically recognised by:
(a) section 41 of the Evidence Act
(b) section 42 of the Evidence Act
(c) section 56 of the Evidence Act
(d) section 57 of the Evidence Act
Ans. (a)
75. Which section of the Indian Evidence Act was amended by the Criminal Law (Amendment) Act, 2005:
(a) section 154
(b) section 118
(c) section 32
(d) section 90A
Ans. (a)
76. What essential change was made in section 154 of the Indian Evidence Act, 1872 vide Criminal Law (Amendment) Act, 2005:
(a) two statements sought to be contradicted in addition should be drawn to previous statement
(b) the party is entitled to rely on any part of the evidence of the witness to whom he has called to put any question to him, which might be put in cross-examination by the adverse party
(c) corroborating a witness by questioning him on surrounding circumstances
(d) former statement of witness may be proved to corroborate later testimony as to same fact.
Ans. (b)
77. A confession to be inadmissible under section 25 of the Evidence Act:
(a) must relate to the same crime for which offender is charged
(b) may relate to the same crime for which offender is charged
(c) must relate to another crime
(d) none of the above.
Ans. (b)
78. The provision “hostile witness” is provided under section of Indian Evidence Act:
(a) section 155
(b) section 133
(c) section 154
(d) section 145.
Ans. (c)
79. In which of the following cases Supreme Court held that “Test identification parade is only an aid to investigation. The practice is not born out of prudence”:
(a) Siddharth Vashist @ Manu Sharma v. State (NCT of Delhi), AIR 2010 SC 2352
(b) Shivaji v. Nagendra, AIR 2010 SC 2261
(c) S. Jaiswal v. Alok, AIR 2010 (NOC) 805
(d) Sujata v. S.K. Behera, AIR 2010 (NOC) 812.
Ans. (a)
80. Which of the following Evidence Act governs the State of Jammu and Kashmir?
A. Evidence Act [7 of 1977) Samrat]
B. Evidence Act [(10 of 1977) Samrat]
C. Evidence Act [(13 of 1977) Samrat]
D. Evidence Act [(15 of 1977) Samrat]
Ans: C
81. Which of the following is not forbidden for use under Section 25, Indian Evidence Act?
A. Confession made to the police officer
B. Statement made to the police officer
C. Incriminating statements by the accused to the police officer
D. All of them
Ans: B
82. Which of the following is true of ‘motive’ in Section 8, Indian Evidence Act?
A. Mere existence of motive by itself is not an incriminating circumstance
B. It cannot give rise to an inference of guilt
C. It cannot form basis of conviction
D. All of them
Ans: D
83. Which of the following is true of the words, “judicial proceedings” in the Indian Evidence Act?
A. The words, “judicial proceedings” is not defined in this Act, but under Section 5(1) of the Cr. PC, 1973, it includes any proceedings in the course of which evidence is or may be legally taken on oath
B. The words, “judicial proceedings” is not defined in this Act, but under Section 4(1) of the Cr. PC, 1973, it includes any proceedings in the course of which evidence is or may be legally taken on oath
C. The words, “judicial proceedings” is not defined in this Act, but under Section 3(1) of the Cr. PC, 1973, it includes any proceedings in the course of which evidence is or may be legally taken on oath
D. The words, “judicial proceedings” is not defined in this Act, but under Section 2(1) of the Cr. PC, 1973, it includes any proceedings in the course of which evidence is or may be legally taken on oath
Ans: D
84. Which of the following section of the Indian Evidence Act deals with evidence as to meaning of illegible characters, etc.?
A. Section 94
B. Section 80
C. Section 98
D. Section 82
Ans: C
85. Which of the following section of the Indian Evidence Act deals with opinion as to usages, tenets, etc., when relevant?
A. Section 49
B. Section 46
C. Section 52
D. Section 58
Ans: A
86. Which of the following section of the Indian Evidence Act deals with presumption as to Digital Signature Certificates?
A. Section 12
B. Section 16
C. Section 13
D. Section 85-C
Ans: D
87. Which of the following section of the Indian Evidence Act deals with proof of documents by primary evidence?
A. Section 61
B. Section 64
C. Section 59
D. Section 29
Ans: B
88. Which of the following section of the Indian Evidence Act deals with professional communications?
A. Section 132
B. Section 127
C. Section 102
D. Section 126
Ans: D
89. Which of the following section of the Indian Evidence Act deals with public documents?
A. Section 74
B. Section 78
C. Section 80
D. Section 81
Ans: A
90. Which of the following section of the Indian Evidence Act deals with testimony to facts stated in document mentioned in Section 159?
A. Section 156
B. Section 160
C. Section 157
D. Section 160
Ans: B
91. Which of the following section of the Indian Evidence Act deals with when leading questions may not be asked?
A. Section 139
B. Section 145
C. Section 140
D. Section 142
Ans: D
92. Which of the following test an approver has to fulfill for its acceptance?
A. It must be natural and credible, where this is prima facie lacking, there is really no question of further corroboration and the prosecution can only rely upon other pieces of evidence
B. Even if a Court is inclined to accept the evidence as natural or convincing, it must be corroborated in material particulars with regard ti the participation of the accused concerned
C. Either (A) or (B)
D. Both (A) and (B)
Ans: D
93. Which proviso of Section 92, Indian Evidence Act applies to cases where evidence is admitted to show that a contract is void, or voidable or subject to reformation, upon the ground of fraud, duress, illegality etc. in its inception?
A. Proviso (1)
B. Proviso (2)
C. Proviso (3)
D. Proviso (4)
Ans: A
94. A is tried for the murder of B. Applying Section 43, Indian Evidence Act, which of the following is possible?
A. The fact that B prosecuted A for libel and that A was convicted and sentenced is irrelevant under Section 6 as showing the motive for the fact in issue
B. The fact that B prosecuted A for libel and that A was convicted and sentenced is irrelevant under Section 7 as showing the motive for the fact in issue
C. The fact that B prosecuted A for libel and that A was convicted and sentenced is irrelevant under Section 8 as showing the motive for the fact in issue
D. None of them
Ans: C
95. A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father. If no evidence were given on either side, B would be entitled to retain his possession. Applying Section 102, Indian Evidence Act:
A. The burden of proof is on A
B. The burden of proof is on B
C. The burden of proof is on C
D. None of them
Ans: A
96. Aliqualis probatio means:
A. Any kind of proof whatever, strictly in accordance with legal rules resorted to when no other better evidence can be adduced
B. Any kind of proof whatever, although not strictly in accordance with legal rules, and not resorted to when any other better evidence can be adduced
C. Specific proof although not strictly in accordance with legal rules, resorted to when no other better evidence can be adduced
D. None of them
Ans: B
97. In order to determine the number of witnesses, a Court should take into account which of the following guidelines?
I. nature of litigation
II. number of issues required to be produced
III. nature of the issues
IV. the fact as to on whom the onus has been laid
V. the specified purpose for which a particular witness is required to be produced
A. I, II, IV
B. III, IV, V
C. II, III, IV
D. All of them
Ans: D
98. Statement made under Section 27, though not admissible under it may be admissible under which of the following section of the Indian Evidence Act?
A. Section 7
B. Section 8
C. Section 9
D. All of them
Ans: D
99. Section 73, Indian Evidence Act deals with:
I. Comparison of signature
II. Handwriting
III. Seal of a person purporting to have been written or made by such person, with admitted or proved signature of that person
IV. Finger print impressions
A. I, III and IV
B. II and IV
C. I, II and III
D. All of them
Ans: D
100. The principle underlying Section 77, Indian Evidence Act is to:
A. Obviate the production of original public documents for evidentiary purpose
B. Facilitate the production of original public documents for evidentiary purpose
C. Provide protection for the production of original public documents for evidentiary purpose
D. None of them
Ans: A
101. The question is, whether A was ravished. Applying Section 8, Indian Evidence Act, which of the following facts is relevant?
A. The facts that, shortly after the alleged rape, she made a complaint relating to the crime, 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 ravished as a dying declaration
D. All of them
Ans: D
102. Under which of the following section of the Indian Evidence Act, a previous conviction is not admissible in evidence against the accused, except where he is liable to punishment under Section 75, Indian Evidence Act?
A. Section 52, Explanation 2
B. Section 53, Explanation 2
C. Section 54, Explanation 2
D. Section 55, Explanation 2
Ans: C
103. When witness is to be compelled to answer, which of the following section of the Indian Evidence Act comes into operation?
A. Section 147
B. Section 128
C. Section 169
D. Section 163
Ans: A
104. Which are the essential ingredients to prove guilt by circumstantial evidence are:
I. Circumstances from which conclusion is drawn should be fully proved
II. Circumstances should be conclusive
III. All facts so established should be consistent only with the hypothesis of guilt and inconsistent with innocence of the accused
IV. Circumstances should exclude the possibility of guilt of a person other than the accused
A. I and III
B. II
C. IV
D. All of them
Ans: D
105. The proviso under Section 66, Indian Evidence Act does not require a notice to be given when:
I. Notice itself is to be proved
II. The adverse party must know that he will be required to produce it
III. The adverse party obtains possession of original by fraud or force
IV. Person in possession out of reach or out of jurisdiction of Court
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. all of them
Ans: D
106. The proviso under Section 66, Indian Evidence Act does not require a notice to be given when:
I. Notice itself is to be proved
II. The adverse party must know that he will be required to produce it
III. The adverse party obtains possession of original by fraud or force
IV. Person in possession out of reach or out of jurisdiction of Court
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. all of them
Ans: D