Evidence MCQ
Evidence MCQ
Evidence MCQ
III. The confession made to the third party after the common
intention has ceased to exist will be admissible
A. I and V
B. I, II and IV
D. III and IV
Ans. A
2. When a man is prosecuted for making speeches promot-
ing hatred and enmity between different communities-
A. Previous speeches made by him are not relevant
Ans. D
3. Under the provisions of the Indian Evidence Act, 1872
for an admission to be considered as an substantive
evidence-
A. Need not be voluntary
Ans. D
4. Admissions cannot be proved by, or on behalf of, the
person who makes them, because a person will always
naturally make statements that are favourable to him.
Which of the following exception of the above stated
principle is recognised by the Indian Courts?
A. If the person making the admission dies within fifteen days of
making the admission
C. If the person making the admission was dead, the admission will
be relevant in the dispute between third parties
Ans. C
5. Under the provisions of Indian Evidence Act, 1872, in
which of the following cases will the oral admission as to
the contents of electronic records will be relevant?
A. When the electronic records deal with financial transactions
Ans. C
6. A creditor invited the debtor to make proposals for
paying the debt. The debtor’s agent wrote letters to the
creditor acknowledging the debt and offering to pay a
smaller amount. The creditor brought proceedings for
recovery of debt and relied on the letters to defeat the
defence of limitation. The letters-
A. Will not be admissible as evidence as protection of section 23 of
the Indian Evidence Act, 1872 will apply
Ans. C
7. Under the provisions of the Indian Evidence Act, 1872,
confession-
A. Of the co-accused can be treated as substantive evidence
C. Is same as admission
Ans. B
8. In a certain case a police officer sat with the accused
and read over to him the statements which he has taken
from others and then told him “I know the whole thing
now”, and the accused thereon made a statement incon-
sequence of which he was arrested and his confession was
subsequently recorded before the magistrate. The
confession given by the accused-
A. Is free and voluntary and admissible as evidence
Ans. A
9. Which of the following statements hold true for
admissibility of affidavits as evidence under the Indian
Evidence Act, 1872?
A. A declaration in the shape of an affidavit can be received as
evidence of the facts stated therein
C. An affidavit filed by the party suo motu and not under directions
from Court could not be termed as evidence
Ans. C
10. A village policeman arrested B leaving him in charge of
certain villagers and went to see the crime scene, during
this interval the accused confessed his guilt to those vil-
lagers. The confession by B-
A. Is not admissible as it is extra-judicial in nature
D. The weapon of offence found lying in the house when the house
was opened
Ans. B
12. An accused made a confession to a panchayat, before
arrest. After the confession the accused was kept in
custody of the villagers for more than 24 hours, till the
arrival of the police officer. The police officer formally
arrested the accused and sent him before the magistrate
who recorded the confession. The total time between the
confession before the panchayat and the confession before
the magistrate was 48 hours. The evidence is-
A. Admissible as it is given before the magistrate without any undue
influence
Ans. C
13. For dying declarations to be reliable-
A. They must be made before a magistrate
B. They must be accompanied by a doctor’s certificate
Ans. D
14. Which of the following can be regarded as books of
account for the purpose of section 34 of the Indian
Evidence Act, 1872?
A. Records kept in spiral pads and spiral notebooks
Ans. A
15. The judgement in rem can be impeached if it is shown
that-
I. The Court had no jurisdiction
Ans. D
16. Generally, which of the following statements are NOT
true?
A. Civil judgement in the Criminal case
C. A decision of the Criminal case are not binding on the Civil cases
Ans. D
17. Which of the following statements hold true for the
admissibility of the opinion of a witness?
A. The witness giving opinion must have obtained the expert
knowledge professionally
Ans. B
18. The evidence of the character of any party of the suit is
generally irrelevant unless-
A. The case is a Civil case
B. The case is a Criminal Case, and the evidence shows the party as
having bad character
Ans. C
19. Which of the following statements best describes the
value of evidence relating to Character of a party?
A. The evidence showing a party’s character as good is always
relevant
Ans. C
20. In an offence of sexual harassment, where the
question of consent is an issue-
A. Previous sexual experience with any person is a relevant fact
Ans. D
21. Which of the following statements hold true for section
54 of the Indian Evidence Act, 1872?
A. A previous conviction is relevant as evidence of bad character
D. The section even bars the evidence which is required for proving
the motive for a crime
Ans. A
22. The facts in issue and relevant facts must be proved by
evidence, either oral or documentary. Which of the fol-
lowing situations/facts will be exception to this rule?
A. Facts published in the newspapers
Ans. C
23. Section 58 of the Indian Evidence Act, 1872 deals with
–
A. The rule that the facts in issue and relevant facts must be proved
by evidence, either oral or documentary
Ans. C
24. Which of the following section provides an exception
to general rules given in section 60 of the Indian Evidence
Act, 1872?
A. Section 30 of the Indian Evidence Act, 1872
Ans. B
25. In which of the following cases will the evidence NOT
be regarded as hearsay?
A. A news item which showed that the deceased was being
mistreated in her in-laws home
Ans. D
26. Which of the following documents will NOT be consid-
ered as primary evidence under section 62 of the Indian
Evidence Act?
A. A document executed in two parts, a carbon copy of the
document which was executed in the very same process but was in
fact a counterpart of the original
D. None of these
Ans. C
27. In which of the following cases the secondary evidence
is inadmissible?
A. A plaintiff alleging that he is bhumidar owner of the land
produces certified copy of the sale deed
Ans. C
28. Indian Evidence Act was drafted by:
(a) Lord Macaulay
(c) Huxley
Ans. (b)
29. The law of evidence consists of:
(a) ordinary rules of reasoning
Ans. (b)
30. Relevancy and admissibility under the Indian
Evidence Act are:
(a) synonymous
(b) co-extensive
Ans. (c)
31. ‘Self-regarding’ statements:
(a) can be self-serving statements
(b) can be self-harming statements
Ans. (c)
32. What is correct as regards the admissibility of self-
regarding statements:
(a) self-harming statement is admissible but a self-serving
statement is not generally admissible
Ans. (a)
33. Under the law of evidence, as a general rule:
(a) opinion on a matter of fact is relevant but not on a matter of law
Ans. (d)
34. Indian Evidence Act applies to:
(a) proceedings before tribunals
Ans. (b)
36. Law of evidence is:
(a) a substantive law
Ans. (b)
37. Facts can be:
(a) physical facts
Ans. (c)
38. Under the Evidence Act, fact means:
(a) factum probandum
Ans. (c)
39. Fact in issue means:
(a) fact, existence or non-existence of which is admitted by the
parties
Ans. (c)
41. Propositions under Evidence Act are:
I. Affidavit is an evidence.
Ans. (d)
42. Proof of a fact depends on:
(a) accuracy of the statement and not upon the probability of its
existence
(b) not upon the accuracy of the statement but upon the probability
of its existence
Ans. (b)
43. Standard of proof in:
(a) civil and criminal cases is the same
Ans. (b)
44. Presumptions under the law of evidence are:
(a) presumption of facts
Ans. (c)
45. Propositions under Evidence Act are:
I. Presumptions of facts are always rebuttable
Ans. (b)
46. Under the law of evidence, the relevant fact:
(a) must be legally relevant
Ans. (a)
47. Relevancy is:
(a) question of law and can be raised at any time
Ans. (a)
48. Question of mode of proof is:
(a) a question of law which can be raised at any time
Ans. (b)
49. Which of the following documents are not admissible
in evidence:
(a) documents improperly procured
Ans. (d)
50. The facts which form part of the same transaction are
relevant:
(a) under section 5 of Evidence Act
Ans. (b)
51. A fact forming part of the same transaction is relevant
under section 6 of Evidence Act:
(a) if it is in issue and have occurred at the same time & place
(b) if it is in issue and may have occurred at different times & places
(c) though not in issue and may have occurred at the same time &
place or at different times & places
(d) though not in issue, must have occurred at the same time &
place.
Ans. (c)
52. Several classes of facts, which are connected with the
transaction(s) in a particular mode, are relevant:
(a) under section 6 of Evidence Act
(b) under section 7 of Evidence Act
Ans. (b)
53. Motives of preparation and conduct are relevant:
(a) under section 6 of Evidence Act
Ans. (c)
54. Under section 8 of Evidence Act:
(a) motive is relevant
Ans. (d)
55. For conduct to be relevant under section 8 of Evidence
Act, it:
(a) must be previous
Ans. (c)
56. Facts which are necessary to explain or introduce
relevant facts of place, name, date, relationship & identity
of parties are relevant:
(a) under section 8 of Evidence Act
Ans. (b)
57. Under section 9 of Evidence Act:
(a) the identification parades of suspects are relevant
Ans. (c)
58. Identification of a suspect by photo is:
(a) admissible in evidence
Ans. (a)
59. Things said or done by a conspirator in reference to
the common design is relevant:
(a) under section 12 of Evidence Act
Ans. (c)
60. A confession made by a conspirator involving other
members is relevant against the coconspirator jointly
tried with him and is admissible:
(a) under section 8 of Evidence Act
Ans. (c)
61. Alibi is governed by:
(a) section 6 of Evidence Act
Ans. (d)
62. Transaction and instances relating to a right or custom
are relevant:
(a) under section 6 of Evidence Act
Ans. (d)
63. Section 13 of Evidence Act applies to:
(a) corporal rights
(b) is not confined to public rights and covers private rights also
(c) is confined to private rights and does not cover public rights
Ans. (b)
65. Mode of proof of a custom is contained in:
(a) section 32(4) of Evidence Act
Ans. (d)
66. Section 14 of Evidence Act makes relevant the facts
which show the existence of:
(a) any state of mind
Ans. (c)
67. Under section 14 of Evidence Act – Explanation I:
(a) evidence of general disposition, habit or tendencies is
inadmissible
Ans. (c)
68. Previous conviction of a person is relevant under:
(a) explanation I to section 14 of Evidence Act
Ans. (b)
69. Under section 15 of Evidence Act, facts showing series
of similar occurrences, involving the same person are
relevant:
(a) when it is uncertain whether the act is intentional or accidental
Ans. (a)
70. Admission has been defined as a statement made by a
party or any person connected with him, suggesting any
inference as to a fact in issue or relevant fact under
certain circumstances, under:
(a) section 16 of Evidence Act
Ans. (b)
71. Admissions:
(a) must be examined as a whole and not in parts
(b) can be examined in parts
Ans. (a)
72. Admissions bind the maker:
(a) in so far as it relates to facts
Ans. (a)
73. Admissions:
(a) must be in writing
Ans. (c)
74. Admission to be relevant:
(a) must be made to the party concerned & not to a stranger
Ans. (c)
75. Propositions under Evidence Act are:
I. Statement is a genus, admission is a species & confession is a sub
species.
II. Statement & admission are species & confession is a sub species.
Ans. (a)
76. Admission can be:
(a) formal only
Ans. (c)
77. Admissions:
(a) are conclusive proof of the matters admitted
(b) are not conclusive proof of the matters admitted but operate as
estoppel
(c) are conclusive proof of the matter and also operate as estoppel
Ans. (b)
78. Which of the following section of the Indian Evidence
Act deals with fraud or collusion in obtaining judgment, or
incompetence of Court, which may be proved?
A. Section 43
B. Section 48
C. Section 44
D. Section 39
Ans: C
79. A policy of insurance is effected on goods “in ships
from Calcutta to London”. The goods are shipped in a
particular ship which is lost. Applying Section 92, Indian
Evidence Act:
A. The fact that that particular ship was orally accepted from the
policy can be proved
B. The fact that that particular ship was orally accepted from the
policy must be proved
C. The fact that that particular ship was orally accepted from the
policy cannot be proved
D. None of them
Ans: C
80. A sues B for inducing C to break a contract of service
made by him with A. C, on leaving A’s service says to A – “I
am leaving you because B has made me a better offer.”
Applying Section 9, Indian Evidence Act:
A. This statement is a relevant fact as explanatory of C’s conduct,
which is relevant as a fact in issue
D. None of them
Ans: A
81. Section 15, Indian Evidence Act deals with a particular
application of the general principle laid down in:
A. Section 7, Indian Evidence Act
Ans: D
82. Independent witnesses turning disloyal to the
prosecution is not a novel phenomenon. Courts are not
unfamiliar with such dishonest persons who are prepared
to mortgage their conscience with a view to salvage their
fellow trader. Courts may often come across such
witnesses who turn out to be cunning performers in the
witness box. The hostility exhibited by such witnessed
cannot throw overboard a prosecution which is otherwise
true and genuine. In which of the following cases it was
held that if testimony of the official witnesses is
blemishless and free from suspicion and inspires
confidence, the hostility shown by ill-motivated
independent witnesses is of no consequence?
A. State of Karnataka v. Richard, 2008 CrLJ 2200, 2204 (para 19)
(Kant).
D. Toorpati Majsaiah v. State of A.P., 2005 CrLJ 568, 571 (para 16)
(AP).
Ans: B
83. Section 23, Indian Evidence Act excludes the
admission of parties in civil cases if:
A. The admission is made upon an express condition that evidence
of it is not to be given
B. Circumstances from which the Court infers that the parties
agreed that evidence of the admission should be given apart from
what is mentioned in the explanation of the section
D. None of them
Ans: C
84. The effect of the second paragraph of Section 11,
Indian Evidence Act can be argued to admit proofs of
facts, such as:
A. Statements as to facts made by persons not called as witnesses
D. All of them
Ans: D
85. The maxim “Acta in uno judicio non probant in alio
nisi inter easdem personas ” means:
A. Things done in one action cannot be taken as evidence in
another, unless it is not between the same parties
D. None of them
Ans: B
86. Which proviso of section of the Indian Evidence Act is
a departure from the rule of English law, under which
medical and other treatise are not admissible, whether the
author is alive or not?
A. The first proviso of Section 60
B. The first proviso of Section 62
Ans: A
87. The question between A and B is, whether a certain
deed is or is not forged. A affirms that it is genuine, B that
is forged. Applying Section 21, Indian Evidence Act, which
of the following is possible?
A. A may prove a statement by B that the deed is genuine, and B
may prove a statement by A that the deed is forged
B. A cannot prove a statement by himself that the deed is genuine
nor can B prove a statement by himself that the deed is forged
D. None of them
Ans: C
88. To which of the following the rules of evidence are not
applicable?
A. To inquiries under Article 311 of the Constitution
Ans: A
89. Dying declaration is:
A. A statement by a person as to only to the cause of his death
D. None of them
Ans: C
90. What is incompetent evidence?
A. Evidence which is not admissible under the established rules of
evidence
D. All of them
Ans: D
91. When can Section 69, Indian Evidence Act be invoked?
A. Only when the absence of the attesting witnesses is sufficiently
accounted for
D. None of them
Ans: A
92. When did the Indian Evidence Act come into being?
A. March 15, 1872
Ans: A
93. Which of the following have been held to be non-
judicial proceeding?
I. Proceedings before a Magistrate not authorised to conduct any
enquiry
II. An inquest proceeding before the coroners under Coroner’s Act,
1871
IV. An enquiry under Section 476 (New Section 340) Cr. P.C
A. I and IV
B. II
C. III and V
D. All of them
Ans: D
94. Which of the following is an extension of a provision
contained in the Registration Act, with reference to a
power of attorney executed for the purpose of procuring
the registration of conveyances or instruments?
A. Section 51, Indian Evidence Act
Ans: D
95. Which of the following is true of Section 35, Indian
Evidence Act?
A. Upon the circumstances that in the case of public documents,
entries are made in discharge of public duty by an officer who is
authorised and accredited agent appointed for the purpose
D. None of them
Ans: A
96. Which of the following kinds of matters Section 49,
Indian Evidence Act enumerates?
I. Usages and tenets of any body of men
A. I, III and IV
C. I, II and V
D. all of them
Ans: D
97. Which of the following principle has been laid down by
the Bombay High Court with regard to the nature and
extent of corroboration?
I. That it is not necessary that there should be independent
confirmation of every material particular
II. That independent evidence must not only make it safe to believe
that the crime was committed
A. I, II, IV
B. III, IV
C. II, III, IV
D. All of them
Ans: B
98. Which of the following section of the Indian Evidence
Act deals with examination-in-chief, cross-examination,
re-examination?
A. Section 149
B. Section 130
C. Section 137
D. Section 122
Ans: C
99. Which of the following section of the Indian Evidence
Act deals with Judges and Magistrates?
A. Section 132
B. Section 140
C. Section 121
D. Section 195
Ans: C
100. Which of the following section of the Indian Evidence
Act deals with the presumption as to maps or plans made
by authority of Government?
A. Section 80
B. Section 89
C. Section 83
D. Section 81
Ans: C
101. Which of the following section of the Indian Evidence
Act deals with proof of facts by oral evidence?
A. Section 62
B. Section 49
C. Section 59
D. Section 61
Ans: C
102. Which of the following section of the Indian Evidence
Act deals with the exclusion of evidence to contradict
answer to questions testing veracity?
A. Section 139
B. Section 168
C. Section 153
D. Section 163
Ans: C