Quiz questions and answers on Indian Evidence Act for school, college and law students!
1. 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
2. What is the object of Section 5, Indian Evidence Act?
A. it is to aid the investigation made by Courts within the bounds prescribed by general convenience
B. it is to prevent the investigation made by Courts within the bounds prescribed by general convenience
C. it is to restrict the investigation made by Courts within the bounds prescribed by general convenience
D. none of them
Ans. C
3. 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
4. Which of the following is an exception to the general rule where under the hearsay evidence becomes admissible?
A. Section 6, Indian Evidence Act
B. Section 7, Indian Evidence Act
C. Section 8, Indian Evidence Act
D. Section 9, Indian Evidence Act
Ans. A
5. 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
6. Which of the following is true of Section 40, Indian Evidence Act?
A. the existence of a judgment, decree, or order, is a relevant fact, if by law it has any effect of preventing any Court from taking cognizance of a suit, or holding a trial
B. it is intended to include all cases in which a general law relating to res judicata inter parties applies
C. it has nothing to do with questions of evidence beyond the admissibility of judgments
D. all of them
Ans. D
7. 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
8. Which of the following section is based on the principle of necessity and that no one shall be allowed to take advantage of his own wrong?
A. Section 53, Indian Evidence Act
B. Section 57, Indian Evidence Act
C. Section 77, Indian Evidence Act
D. Section 89, Indian Evidence Act
Ans. D
9. 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
10. Which of the following section of the Indian Evidence Act deals with cases in which statement of relevant fact by person who is dead or cannot be found, etc. is relevant?
A. Section 28
B. Section 30
C. Section 32
D. Section 36
Ans. C
11. Under Section 133, Indian Evidence Act, which of the following has been held to be an accomplice?
I. an ekka driver who took passengers with criminal intention and aided them to escape from the place of offence
II. who aids, knowingly of the offence, in the disposal of the property
III. police agents in gambling cases
IV. persons without any judicially recognised amnesty
V. pimps and prostitutes
A. I, II, IV
B. III, IV, V
C. II, III, IV
D. all of them
Ans. D
12. Which of the following section of the Indian Evidence Act deals with evidence as to document unmeaning in reference to existing facts?
A. Section 94
B. Section 80
C. Section 86
D. Section 95
Ans. D
13. Which of the following section of the Indian Evidence Act deals with evidence as to affairs of State?
A. Section 123
B. Section 144
C. Section 152
D. Section 160
Ans. A
14. Which of the following section of the Indian Evidence Act deals with opinion as to handwriting, when relevant?
A. Section 44
B. Section 47
C. Section 49
D. Section 42
Ans. B
15. Which of the following section of the Indian Evidence Act deals with presumption as to powers of attorney?
A. Section 85
B. Section 90
C. Section 86
D. Section 72
Ans. A
16. Which of the following section of the Indian Evidence Act deals with proof of contents of documents?
A. Section 61
B. Section 62
C. Section 60
D. Section 59
Ans. A
17. Which of the following section of the Indian Evidence Act deals with proof of document not required by law to be attested?
A. Section 81
B. Section 72
C. Section 75
D. Section 84
Ans. B
18. Which of the following section of the Indian Evidence Act deals with questions tending to corroborate evidence of relevant fact, making it admissible?
A. Section 139
B. Section 156
C. Section 151
D. Section 166
Ans. B
19. Which of the following section of the Indian Evidence Act deals with the proof of good faith in transaction where one party?
A. Section 100
B. Section 101
C. Section 102
D. Section 111
Ans. D
20. Which of the following section of the Indian Evidence Act deals with the cross-examination of person called to produce a document?
A. Section 139
B. Section 136
C. Section 140
D. Section 163
Ans. A
21. Which of the following section of the Indian Evidence Act was inserted by the Dowry Prohibition (Amendment Act 43 of 1986)?
A. Section 110-E
B. Section 113-B
C. Section 115-F
D. all of them
Ans. B
22. Which of the following section of the Indian Evidence Act applies only to civil cases and not to criminal cases?
A. Section 23
B. Section 4
C. Section 14
D. none of them
Ans. A
23. Which of the following section of the Indian Evidence Act deals only with the admissibility of a variety of opinion evidence and not its value?
A. Section 38, Indian Evidence Act
B. Section 40, Indian Evidence Act
C. Section 45, Indian Evidence Act
D. Section 47, Indian Evidence Act
Ans. D
24. Which of the following section of the Indian Evidence Act does not exclude circumstantial evidence?
A. Section 38
B. Section 42
C. Section 57
D. Section 60
Ans. D
25. An attorney is:
A. one that is appointed by another man to do anything in his presence
B. one that is self-appointed to do anything
C. one that is appointed by another man to do anything in his absence
D. none of them
Ans. C
26. A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time they make an oral agreement that three months’ credit shall be given to A. Applying Section 99, Indian Evidence Act:
A. this can be shown as between A and B, but it might be shown by C, if it affected his interest
B. this could not be shown as between A and B, but it might be shown by C, if it affected his interest
C. this could not be shown as between A and B, and need not be shown by C, if it did not affected his interest
D. none of them
Ans. B
27. A enters into a written contract with B to work certain mines, the property of B, upon certain terms. A was induced to do so by a misrepresentation of B’s as to their value. Applying Section 92, Indian Evidence Act:
A. this fact cannot be proved
B. this fact is irrelevant
C. this fact may be proved
D. none of them
Ans. C
28. A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said – “A and I murdered C”. Applying Section 30, Indian Evidence Act, which of the following is possible?
A. this statement may be taken into consideration by the Court against A and B
B. this statement may not be taken into consideration by the Court against B
C. this statement may not be taken into consideration by the Court against A, as B is not being jointly tried
D. none of them
Ans. C
29. A is tried for the murder of B. Applying Section 8, Indian Evidence Act which of the following facts can be relevant?
A. the facts that A murdered C, that B knew that A had murdered C, and B concealed the fact
B. the facts that A murdered C, that B knew that A had murdered C, and that B made it a public knowledge
C. the facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public
D. none of them
Ans. C
30. A statement by the accused must amount to a confession for the application of:
A. Section 25, Indian Evidence Act
B. Section 13, Indian Evidence Act
C. Section 10, Indian Evidence Act
D. none of them
Ans. A
31. As per Section 27, Indian Evidence Act, when the accused states to the police, “I will produce the share which I received in such and such a dacoity” the statement can be divided as:
I. an admission that there was a dacoity
II. an admission that the accused took part in it
III. an admission that he got part of the property
IV. a statement as to where property is
A. I, III and IV
B. II and III
C. I, II and IV
D. all of them
Ans. D
32. By whom the necessity of the insertion of the two provisions in Section 113 of the evidence act has been amply analysed?
A. Law Commission of India, 19th Report, 8th August, 1988 on Dowry Death and Law Reforms
B. Law Commission of India, 20th Report, 9th August, 1988 on Dowry Death and Law Reforms
C. Law Commission of India, 21st Report, 10th August, 1988 on Dowry Death and Law Reforms
D. Law Commission of India, 22nd Report, 15th August, 1988 on Dowry Death and Law Reforms
Ans. C
33. Extra-judicial confession is weak if it is made especially:
A. before a person with whom the accused had no previous contact
B. before a person whom the accused already knows
C. before a person who is a co-accused
D. none of them
Ans. A
34. Facts which are the occasion cause or effect of facts in issue are dealt under which of the following section of the Indian Evidence Act?
A. Section 2
B. Section 6
C. Section 7
D. Section 15
Ans. C
35. Presumption under which of the following section extends to testamentary documents?
A. Section 88
B. Section 89
C. Section 90
D. Section 98
Ans. C
36. Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the Government of India. Applying Section 10, Indian Evidence Act, the facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D persuaded persons to join the conspiracy in Bombay, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the contents of a letter written by H giving an account of the conspiracy:
A. are each relevant to prove the existence of the conspiracy only
B. are relevant to prove A’s complicity in it only, although he may have been ignorant of all of them and although the persons by whom they were done were strangers to him and although they may have taken place before he joined the conspiracy or after he left it
C. either (A) and (B)
D. both (A) and (B)
Ans. D
37. Section 40, Indian Evidence Act has nothing to do with questions of evidence beyond admissibility because:
A. a plea of res judicata is not a plea as a matter of evidence
B. it is only a plea barring the action as a matter of procedure as distinguished from the rules of evidence
C. either (A) or (B)
D. both (A) and (B)
Ans. D
38. Section 54, Indian Evidence Act states that:
A. the character of any person is relevant when it affects the amount of damages which he ought to receive
B. it applies only to civil cases
C. it is a corollary of Section 12
D. all of them
Ans. D
39. Section 70, Indian Evidence Act comes into operation:
A. where the person relying on a document has given evidence for the execution of the document by the executants
B. where the executant and the attesting witness is dead
C. where the person relying on a document has not given any evidence at all of the due execution of the document by the executants but relies on an admission of execution by the latter
D. none of them
Ans. C
30. Section 85, Indian Evidence Act deals with the presumption in respect of a power of attorney regarding its execution and authentication by:
A. a notary public
B. or any Court
C. Judge, Magistrate, Indian Consul or vice consul or representative of the Central Government
D. all of them
Ans. D
41. Customary right, may be proved as provided in which of the following section of the Indian Evidence Act?
I. Section 13
II. Section 32 (4)
III. Section 43
IV. Section 48
A. I and IV
B. II and IV
C. II and III
D. all of them
Ans. D
42. Statements in the book of law and in law reports are admissible on the grounds similar to those stated in:
A. Section 35, Indian Evidence Act
B. Section 36, Indian Evidence Act
C. Section 37, Indian Evidence Act
D. all of them
Ans. D
43. The rule of estoppels binds only:
A. the party and its successors in interest and not strangers
B. the party and strangers
C. the strangers and not the party and its successors
D. all of them
Ans. A
44. The Supreme Court in which of the following cases held that there is no difference between ‘Conclusive Proofs’ and’ Conclusive Evidence’, the aim of the two expressions being to give a finality to the establishment of the existence of a ‘Fact’?
A. Kumar Exports v. Sharma Carpets, (2009) 2 SCC 513, 519 (para 16)
B. Somavati v. State, 1963 SC 151.
C. State of U.P. v. Ram Sewak, AIR 2003 SC 2141, para 26 : (2003) 2 SCC 161 : 2003 CrLJ 4926.
D. Mohan Singh v. State of Rajasthan, AIR 1978 SC 1511.
Ans. B
45. Under Section 43, Indian Evidence Act, which of the following is false of judgment in a criminal case?
A. it can be received in a civil and action to establish the truth of the facts upon which it is rendered
B. may be relevant only to show that there was a trial resulting in conviction or acquittal
C. decision of the Criminal Court cannot be relied on as one binding in civil action but it still holds the field of proof by corroboration
D. none of them
Ans. A
46. Under Section 57, Indian Evidence Act, which of the following is an exception to the rule – all facts in issue and relevant facts must be proved by evidence, either oral or documentary?
A. facts judicially noticeable
B. facts admitted
C. either (A) or (B)
D. both (A) and (B)
Ans. D
47. Under which of the following PIL cannot be transferred?
A. solely on the basis of information aired on TV
B. solely on the basis of information published in Government circular
C. solely on the basis of information published in newspaper
D. none of them
Ans. C
48. What do you mean by disentitle?
A. to deprive of title
B. to retain the title
C. to regain the title
D. none of them
Ans. A
49. What do you understand by admitted against the plaintiffs?
A. it means that the document admitted has been rejected
B. it means that the bail is admitted in evidence as proved
C. it means that the document is admitted in evidence as proved
Ans. C
50. What do you understand by bargain justice?
A. some degree of discretion in as to whether or not to press cases
B. some degree of discretion as to the charge to bring against defendants
C. both (A) and (B)
D. none of them
Ans. C
51. Due execution and authentication of a power of attorney shall be presumed under section 85 of Evidence Act when executed before & authentication by:
(a) a notary
(b) a judge
(c) a magistrate
(d) all the above.
Ans. (d)
52. Due execution of a document more than thirty years old coming from proper custody, is a:
(a) presumption of fact
(b) rebuttable presumption of law
(c) irrebuttable presumption of law
(d) presumption of fact & law both.
Ans. (a)
53. The presumption under section 90 of Evidence Act can be drawn in respect of:
(a) original documents
(b) certified copies
(c) uncertified copies
(d) all the above.
Ans. (a)
54. Period of thirty years under section 90 of Evidence Act is to be reckoned from:
(a) the date on which the document is relied upon
(b) the date on which the document is filed in the court
(c) the date on which the document is tendered in evidence, when its genuineness becomes a subject of proof
(d) all the above.
Ans. (c)
55. Section 90 of Evidence Act applies to:
(a) non-testamentary documents
(b) testamentary documents
(c) both testamentary and non-testamentary documents
(d) none of the above.
Ans. (c)
56. In cases of Wills, the period of thirty years shall run:
(a) from the date of the will
(b) from the date of the death of the testator
(c) from the date of registration of the Will, if registered
(d) either (a) or (b).
Ans. (a)
57. Presumption as to the genuineness of gazettes in electronic form has been dealt with under:
(a) section 81A of Evidence Act
(b) section 88A of Evidence Act
(c) section 90A of Evidence Act
(d) section 73A of Evidence Act.
Ans. (a)
58. Section 88A of Evidence Act provides for:
(a) presumption as to the electronic message forwarded corresponds with the message as fed in the computer
(b) presumption as to the person by whom the message is sent
(c) both (a) & (b)
Ans. (a)
59. Electronic record in proper custody gives rise to a presumption as to the digital signature, to be affixed by that particular person under section 90A of Evidence Act if the electronic record produced is:
(a) 20 years old
(b) 15 years old
(c) 10 years old
(d) 5 years old.
Ans. (d)
60. Section 91 of Evidence Act applies to:
(a) transactions which under the law must be in writing
(b) transactions which are reduced into writing voluntarily
(c) both (a) & (b)
(d) only (a) & not (b).
Ans. (c)
61. Section 91 of Evidence Act:
(a) permits admission of oral evidence to prove the contents of a document where the writing is a fact in issue
(b) prohibits admission of oral evidence to prove the contents of a document, where the writing is a fact in issue
(c) prohibits admission of oral evidence to prove the contents of a document where the writing is not a fact in issue and is merely a collateral memorandum
(d) both (b) & (c).
Ans. (b)
62. Section 91 of Evidence Act applies to documents which are:
(a) unilateral
(b) bilateral
(c) tripartite
(d) all the above.
Ans. (d)
63. Section 91 of Evidence Act:
(a) prohibits admission of oral evidence as to the existence or non-existence of a factum
(b) permits admission of oral evidence as to the existence or non-existence of a factum but prohibits admission of oral evidence of the terms of that factum, if in existence
(c) prohibits admission of oral evidence as to the existence or non-existence of a factum and also the terms of the factum if in existence
(d) both (a) & (c).
Ans. (a)
64. Section 92 of Evidence Act prohibits admission of oral evidence, in respect of a written document, for the purpose of:
(a) contradicting its terms
(b) varying its terms
(c) adding to its terms
(d) all the above.
Ans. (d)
65. Section 92 of Evidence Act is applicable to:
(a) disputes between the parties to the instrument only
(b) disputes between a party to the instrument and a stranger
(c) disputes between two strangers where the document is in question
(d) all the above.
Ans. (a)
66. Section 92 of Evidence Act applies to:
(a) unilateral documents
(b) bilateral documents
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (b)
67. Oral evidence of a fact invalidating the document is admissible:
(a) under proviso 1 to section 92 of Evidence Act
(b) under proviso 2 to section 92 of Evidence Act
(c) under proviso 4 to section 92 of Evidence Act
(d) under proviso 6 to section 92 of Evidence Act.
Ans. (a)
68. The want or failure of consideration as contemplated under proviso 1 to section 92 of Evidence Act invalidating a document:
(a) is a complete want or failure
(b) is a partial want or failure
(c) is a substantial want or failure
(d) may be complete or may be partial want or failure.
Ans. (a)
69. Mistake referred to in proviso 1 to section 92 of Evidence Act refers to:
(a) unilateral mistake
(b) mutual mistake
(c) both (a) & (b)
(d) only (b) not (a).
Ans. (c)
70. Under section 92 of Evidence Act oral evidence to explain the real nature of the transaction is admissible:
(a) where the document does not record all the terms of the contract
(b) where the document records all the terms of the contract
(c) where the documents is complete in itself
(d) all the above.
Ans. (a)
71. Under proviso 2 to section 92 of Evidence Act oral evidence is admissible:
(a) where the instrument provides for the matter sought to be proved and the agreement sought to be proved is consistent with the terms of the document
(b) where the instrument is silent on the matter sought to be proved and the agreement to be proved is consistent with the terms of the document
(c) where the instrument is silent on the matter sought to be proved and the agreement to be proved is inconsistent with the terms of the document
(d) all the above.
Ans. (b)
72. Under proviso 4 to section 92 of Evidence Act, oral evidence is admissible in cases:
(a) where the contract has been written voluntarily & not required by laws to be so written
(b) where the law required the contract to be in writing
(c) where the contract has been registered under the law of registration of documents
(d) all the above.
Ans. (a)
73. Extrinsic evidence to show the meaning or supply the defects in an instrument is prohibited under section 93, in respect of:
(a) ambiguitas patens
(b) ambiguitas latens
(c) both (a) & (b)
(d) only (b) & not (a).
Ans. (a)
74. The test of ascertaining on which side the burden of proof lies is contained in:
(a) section 100 of Evidence Act
(b) section 101 of Evidence Act
(c) section 102 of Evidence Act
(d) section 103 of Evidence Act.
Ans. (c)
75. ‘Burden of proof’ means:
(a) the burden of proof as a matter of law & pleadings is burden of establishing a case
(b) the burden of proof as to introduction of evidence
(c) both (a) & (b)
(d) only (b) & not (a).
Ans. (c)
76. Burden of proof:
(a) partially determines the right to begin
(b) substantially determines the right to begin
(c) wholly determines the right to begin
(d) only (c) & not (a) or (b).
Ans. (a)
77. Burden of proof under section 101 of Evidence Act:
(a) never shifts
(b) goes on shifting as the trial proceeds
(c) may shift
(d) both (b) & (c) are correct.
Ans. (a)
78. Burden of proof is lightened by:
(a) presumptions
(b) admissions
(c) estoppels
Ans. (d)
79. Burden of introducing evidence under section 102 of Evidence Act:
(a) never shifts
(b) occasionally shifts
(c) constantly shifts
(d) only (a) and not (b) or (c).
Ans. (c)
80. In criminal proceedings, the burden of proof is:
(a) on the prosecution to prove the guilt of the accused
(b) on the accused to prove his innocence
(c) on both the parties
(d) either (a) or (b).
Ans. (a)
81. Which of the following is true as to the standard of proof in criminal & civil proceedings:
(a) in criminal proceedings the standard is beyond reasonable doubt and also in civil proceedings
(b) in criminal proceedings the stand is beyond reasonable doubt while in civil proceedings it is ‘upon the balance of probabilities’
(c) in criminal & civil proceedings both it is ‘upon the balance of probabilities’
(d) in criminal proceedings it is ‘upon the balance of probabilities’ while in civil ‘beyond reasonable doubt’.
Ans. (b)
82. Section 105 of Evidence Act applies to:
(a) criminal trials
(b) civil trials
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (a)
83. In criminal trials, the onus is on the accused to prove that his case falls in:
(a) any of the general exception
(b) any of the special exception
(c) any of the proviso to any provision
(d) all the above.
Ans. (d)
84. In criminal trials, it is bound to presume:
(a) that the case of the accused falls in any of the general or special exceptions
(b) that the case of the accused falls in proviso to the provision under which he is charged
(c) the absence of the case of the accused falling in any general or special exceptions or the proviso to the provision under which the accused is charged
(d) both (a) & (b) and not (c).
Ans. (c)
85. In criminal trials, the accused has to establish his plea mitigation or justification of an offence:
(a) beyond reasonable doubt
(c) substantially
(d) either (a) or (c).
Ans. (b)
86. Section 106 of Evidence Act is applicable:
(a) to such matters of defence which are supposed to be especially within the knowledge of the defendant
(b) to such matters which are capable of being known to the persons other than the defendant
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (a)
87. ‘Any person’ in section 106 of Evidence Act refers to:
(a) a party to the suit
(b) a stranger to the state
(c) a person who is not a party to the suit but interested in the outcome of the suit
(d) a witness
(e) all the above.
Ans. (a)
88. The presumption of continuance of life is contained in:
(a) section 106 of Evidence Act
(b) section 107 of Evidence Act
(c) section 108 of Evidence Act
(d) section 109 of Evidence Act.
Ans. (b)
89. Section 108 of Evidence Act relates to:
(a) presumption of death
(b) presumption of life
(c) presumption of legitimacy
(d) presumption of relationship.
Ans. (a)
90. For presumption under section 107 of Evidence Act, the person is to be shown to be alive:
(a) within 7 years
(b) within 12 years
(c) within 3 years
(d) within 30 years.
Ans. (d)
91. For presumption of death under section 108 of Evidence Act, the person is shown to be not heard for a period of:
(a) 3 years
(b) 7 years
(c) 12 years
(d) 30 years.
Ans. (b)
92. The presumption under section 109 of Evidence Act as to certain human relationship:
(a) is obligatory and arises irrespective of the lapse of time
(b) is permissive and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts
(c) is obligatory and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts
(d) either (b) or (c).
Ans. (a)
93. The principle that possession is prima facie proof of ownership is contained in:
(a) section 109 of Evidence Act
(b) section 110 of Evidence Act
(c) section 111 of Evidence Act
(d) section 112 of Evidence Act.
Ans. (b)
94. The possession contemplated under section 110 of Evidence Act is:
(a) juridical possession
(b) symbolic possession
(c) actual physical possession
(d) all the above.
Ans. (c)
95. Section 110 of Evidence Act in its operation:
(a) is limited to immoveable property
(b) is limited to moveable property
(c) is not limited to immoveable property and applies to moveable property as well
(d) is not limited to immoveable property but applies only to certain moveable property.
Ans. (c)
96. Section 112 of Evidence Act provides for:
(a) presumption of life
(b) presumption of marriage
(c) presumption of death
(d) presumption of legitimacy.
Ans. (d)
97. Section 112 of Evidence Act contains:
(a) a presumption of fact
(b) a rebuttable presumption of law
(c) an irrebuttable presumption of law
(d) a mixed presumption of fact & law.
Ans. (c)
98. Presumption under section 112 of Evidence Act is raised:
(a) when a child is born during the continuance of valid marriage
(b) when a child is born within 280 days of dissolution of marriage, the mother remaining unmarried
(c) in both (a) & (b)
(d) in only (a) & not (b).
Ans. (c)
99. In cases a child is born within 280 days of dissolution of marriage, the mother remaining unmarried the presumption of legitimacy of child under section 112 of Evidence Act arises:
(a) if the father is alive on the day the child is born
(b) if the father is not alive on the day the child is born
(c) irrespective of whether the father is alive or dead on the day the child is born
(d) either in (a) or (b).
Ans. (c)
100. Section 112 of Evidence Act applies when there is a dispute regarding:
(a) maternity of a child
(b) paternity of a child
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (b)
101. The deciding factor under section 112 of Evidence Act is:
(a) the date of birth of the child
(b) the date of conception of the child
(c) the date of birth or the date of conception depending on the facts & circumstances
(d) only (b) & not (a).
Ans. (a)
102. Section 114 of Evidence Act provides for certain:
(a) presumption of facts
(b) rebuttable presumptions of law
(c) irrebuttable presumptions of law
(d) presumption of facts & law both.
Ans. (a)
(a) not a competent witness against an accused
(b) a competent witness against an accused
(c) cannot be a competent witness against an accused
(d) either (a) or (c).
Ans. (b)
(a) is an evidence
(b) is a proof
(c) shows on whom the burden of proof lies
(d) all the above.
Ans. (c)
105. Presumption as to abetment of suicide by a married woman has been provided:
(a) under section 111 A of Evidence Act
(b) under section 113A of Evidence Act
(c) under section 113B of Evidence Act
(d) under section 113 of Evidence Act.
Ans. (b)
(a) within 7 years of marriage
(b) within 5 years of marriage
(c) within 3 years of marriage
(d) within 1 year of marriage.
Ans. (a)
107. Presumption as to dowry death is contained in:
(a) section 111 A of Evidence Act
(b) section 113A of Evidence Act
(c) section 113B of Evidence Act
(d) section 113 of Evidence Act.
Ans. (c)
(a) natural events
(c) public and private business
(d) all of the above.
Ans. (d)
109. The doctrine of estoppel is contained in:
(a) section 115 of Evidence Act
(b) section 114 of Evidence Act
(c) section 113 of Evidence Act
(d) section 112 of Evidence Act.
Ans. (a)
110. The doctrine of estoppel is a:
(a) substantive law
(b) rule of equity
(c) rule of evidence
(d) law of pleadings.
Ans. (c)
111. Under Section 133, Indian Evidence Act, which of the following has been held to be an accomplice?
I. An ekka driver who took passengers with criminal intention and aided them to escape from the place of offence
II. Who aids, knowingly of the offence, in the disposal of the property
III. Police agents in gambling cases
IV. Persons without any judicially recognised amnesty
V. Pimps and prostitutes
A. I, II, IV
B. III, IV, V
C. II, III, IV
D. all of them
Ans: D
112. Which of the following section of the Indian Evidence Act deals with evidence as to affairs of State?
A. Section 123
B. Section 144
C. Section 152
D. Section 160
Ans: A
113. Which of the following section of the Indian Evidence Act deals with presumption as to powers of attorney?
A. Section 85
B. Section 90
C. Section 86
D. Section 72
Ans: A
114. Which of the following section of the Indian Evidence Act deals with proof of document not required by law to be attested?
A. Section 81
B. Section 72
C. Section 75
D. Section 84
Ans: B
115. Which of the following section of the Indian Evidence Act deals with the proof of good faith in transaction where one party?
A. Section 100
B. Section 101
C. Section 102
D. Section 111
Ans: D
116. Which of the following section of the Indian Evidence Act was inserted by the Dowry Prohibition (Amendment Act 43 of 1986)?
A. Section 110-E
B. Section 113-B
C. Section 115-F
D. all of them
Ans: B
117. Which of the following section of the Indian Evidence Act deals only with the admissibility of a variety of opinion evidence and not its value?
A. Section 38, Indian Evidence Act
B. Section 40, Indian Evidence Act
C. Section 45, Indian Evidence Act
D. Section 47, Indian Evidence Act
Ans: D
118. An attorney is:
A. One that is appointed by another man to do anything in his presence
B. One that is self-appointed to do anything
C. One that is appointed by another man to do anything in his absence
D. None of them
Ans: C
119. A enters into a written contract with B to work certain mines, the property of B, upon certain terms. A was induced to do so by a misrepresentation of B’s as to their value. Applying Section 92, Indian Evidence Act:
A. This fact cannot be proved
B. This fact is irrelevant
C. This fact may be proved
D. None of them
Ans: C
120. A is tried for the murder of B. Applying Section 8, Indian Evidence Act which of the following facts can be relevant?
A. The facts that A murdered C, that B knew that A had murdered C, and B concealed the fact
B. The facts that A murdered C, that B knew that A had murdered C, and that B made it a public knowledge
C. The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public
D. None of them
Ans: C
121. As per Section 27, Indian Evidence Act, when the accused states to the police, “I will produce the share which I received in such and such a dacoity” the statement can be divided as:
I. An admission that there was a dacoity
II. An admission that the accused took part in it
III. An admission that he got part of the property
IV. A statement as to where property is
A. I, III and IV
B. II and III
C. I, II and IV
D. all of them
Ans: D
122. Extra-judicial confession is weak if it is made especially:
A. Before a person with whom the accused had no previous contact
B. Before a person whom the accused already knows
C. Before a person who is a co-accused
D. None of them
Ans: A
123. Presumption under which of the following section extends to testamentary documents?
A. Section 88
B. Section 89
C. Section 90
D. Section 98
Ans: C
124. Section 40, Indian Evidence Act has nothing to do with questions of evidence beyond admissibility because:
A. A plea of res judicata is not a pleas as a matter of evidence
B. It is only a plea barring the action as a matter of procedure as distinguished from the rules of evidence
C. Either (A) or (B)
D. Both (A) and (B)
Ans: D
125. Section 70, Indian Evidence Act comes into operation:
A. Where the person relying on a document has given evidence for the execution of the document by the executants
B. Where the executant and the attesting witness is dead
C. Where the person relying on a document has not given any evidence at all of the due execution of the document by the executants but relies on an admission of execution by the latter
D. None of them
Ans: C
126. Customary right, may be proved as provided in which of the following section of the Indian Evidence Act?
I. Section 13
II. Section 32 (4)
III. Section 43
IV. Section 48
A. I and IV
B. II and IV
C. II and III
D. all of them
Ans: D
127. The rule of estoppels binds only:
A. The party and its successors in interest and not strangers
B. The party and strangers
C. The strangers and not the party and its successors
D. All of them
Ans: A
128. Under Section 43, Indian Evidence Act, which of the following is false of judgment in a criminal case?
A. It can be received in a civil and action to establish the truth of the facts upon which it is rendered
B. May be relevant only to show that there was a trial resulting in conviction or acquittal
C. Decision of the Criminal Court cannot be relied on as one binding in civil action but it still holds the field of proof by corroboration
D. None of them
Ans: A
129. Under which of the following PIL cannot be transferred?
A. Solely on the basis of information aired on TV
B. Solely on the basis of information published in Government circular
C. Solely on the basis of information published in newspaper
D. None of them
Ans: C
130. What do you understand by admitted against the plaintiffs?
A. It means that the document admitted has been rejected
B. It means that the bail is admitted in evidence as proved
C. It means that the document is admitted in evidence as proved
D. None of them
Ans: C