Evidence MCQ

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1.

Which of the following statements are true under


section 10 of the Indian Evidence Act, 1872?
I. There should be prima facie evidence in support of the existence
of conspiracy

II. A confessional statement by itself can be taken to be prima facie


evidence of conspiracy with the persons named

III. The confession made to the third party after the common
intention has ceased to exist will be admissible

IV. Conspiracy cannot be proved with circumstantial evidence

V. A confession by a conspirator made to the magistrate after arrest


is not admissible under this section

A. I and V

B. I, II and IV

C. II, III and V

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

B. Previous speeches made by him are admissible under section 12


of the Indian Evidence Act, 1872

C. Previous speeches made by him are admissible under section 13


of the Indian Evidence Act, 1872

D. Previous speeches made by him are admissible under section 14


of the Indian Evidence Act, 1872

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

B. Must be judicial admission

C. Must be binding to the question of law

D. Need not be in writing

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

B. If the facts are not relevant under sections 6 to 13 of the Indian


Evidence Act, 1872

C. If the person making the admission was dead, the admission will
be relevant in the dispute between third parties

D. If the statement does not relate to state of mind or body or


mental or bodily feelings

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

B. When the electronic records do not deal with financial


transactions

C. When the genuineness of the electronic records is in question


D. When the genuineness of the electronic records is not in question

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

B. Will be admissible as evidence under section 22 of the Indian


Evidence Act, 1872

C. Will be admissible as evidence and protection of section 23 of the


Indian Evidence Act, 1872 will not apply

D. Will not be admissible as evidence as protection of section 22 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

B. Must either be accepted as a whole or rejected as a whole

C. Is same as admission

D. Obtained by spiritual exhortations are not admissible as evidence

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

B. Is made in response to the threat of the police officer and as such


not admissible

C. Is extra-judicial in nature and as such not admissible

D. Is made before the police officer as such not admissible

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

B. An affidavit can be used in case the deponent of an affidavit is not


available for cross-examination

C. An affidavit filed by the party suo motu and not under directions
from Court could not be termed as evidence

D. Affidavits are not confined to such facts as the deponent is able of


his own knowledge to prove

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

B. Is admissible even though it is extra-judicial in nature because it


was made to the villagers who were deputed by the police officer

C. Is not admissible as it was made while in custody of the police


officer

D. Is admissible because at the time of making the confession B was


not under the custody of the police officer
Ans. C
11. Which of the following are admissible under section 27
of the Indian Evidence Act, 1872?
A. Recovery of weapon of offence at the pointing of the accused
when he was not in police custody

B. Recovery of articles buried at the public road at the pointing of


the accused

C. Recovery of the weapon made by the pointing of the accused


while he was handcuffed

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

B. Admissible as it was given before the arrest to the people who


were not in authority

C. Inadmissible as the improper influence of the panchayat


continued till the time of confession

D. Inadmissible as it was given before the arrest to the people who


were in authority

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

C. Must be in the language understood by the person making the


declaration

D. It need not be corroborated

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

B. Hotel register kept at the counter

C. Trip sheets maintained by taxi driver in form of unbound loose


sheets

D. Records kept in bundle of sheets detachable and replaceable at


pleasure

Ans. A
15. The judgement in rem can be impeached if it is shown
that-
I. The Court had no jurisdiction

II. The judgement was obtained by fraud

III. The Judgement adjudicated the person as insolvent

IV. The judgement was obtained by collusion

V. The judgement was not given on merit

VI. The judgement is not final

VII. The judgement was obtained in foreign courts

A. I, III, V and VII

B. II, IV, V, VI and VII


C. III, V, VI and VII

D. I, II, IV, V and VI

Ans. D
16. Generally, which of the following statements are NOT
true?
A. Civil judgement in the Criminal case

B. Admissions made in previous criminal proceedings are binding


on civil proceedings

C. A decision of the Criminal case are not binding on the Civil cases

D. A decision of the Civil Court are NOT binding on the Criminal


proceedings

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

B. The opinion must be given orally

C. The opinion if given by an expert always bind the Court

D. The opinion of an expert should not be acted upon unless


substantially corroborated

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

C. The party’s general character itself is an issue


D. The case is a Civil 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

B. The evidence showing a party’s character as good is always


relevant in Civil cases

C. The evidence showing a party’s character as good is always


relevant in Criminal cases

D. The evidence showing a party’s character as good is generally


irrelevant

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

B. Evidence of the character of the victim is a relevant fact

C. Evidence of the Character of the victim is an irrelevant fact but


the previous sexual experience with any person is relevant

D. Previous sexual experience with any person and evidence of the


character of the victim both are irrelevant facts

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

B. The section applies to cases where the bad character of the


person is itself a fact in issue
C. This section renders the evidence inadmissible even if it
otherwise relevant

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

B. Sale deeds are generally undervalued

C. General customs of the land

D. If alternative accommodation is available for the purpose of


evicting the tenant

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

B. The facts of which Court can take judicial notice

C. Admitted facts which need not be proved

D. The facts which show the character of the parties

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

B. Section 32 of the Indian Evidence Act, 1872

C. Section 25 of the Indian Evidence Act, 1872


D. Section 41 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

B. Evidence of identification of a suspect by a witness who was not


present at the crime scene

C. The testimony of the witness in the murder case, who heard


many villagers claiming that the accused has committed murder

D. The testimony of persons who saw the pitiable condition of a


young woman in her in-laws home where she met her death

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

B. Two wills in identical language prepared by the process of typing


in which the second copy was obtained by carbon impression.

C. Certified copies of sale deed

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

B. The defendant legally bound to produce the document, refuses to


do so, plaintiff produces certified copies of the same document
C. The secondary evidence where an original book of accounts is in
a very tottering condition and is also worm eaten

D. Un-certified copy of a lost public document wherein no certified


copy is available

Ans. C
28. Indian Evidence Act was drafted by:
(a) Lord Macaulay

(b) Sir James F. Stephen

(c) Huxley

(d) Sir Henry Summer Maine

Ans. (b)
29. The law of evidence consists of:
(a) ordinary rules of reasoning

(b) legal rules of evidence

(c) rules of logic

(d) all the above.

Ans. (b)
30. Relevancy and admissibility under the Indian
Evidence Act are:
(a) synonymous

(b) co-extensive

(c) neither synonymous nor co-extensive

(d) synonymous & co-extensive both.

Ans. (c)
31. ‘Self-regarding’ statements:
(a) can be self-serving statements
(b) can be self-harming statements

(c) can be self-serving or self-harming

(d) none of the above.

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

(b) self-serving statement is admissible but a self-harming


statement is not generally admissible

(c) self-serving and self-harming statements both are generally


admissible

(d) self-serving and self-harming statements both are generally


inadmissible.

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

(b) opinion on a matter of law is relevant but not on a matter of fact

(c) opinion on a matter of fact and law both are relevant

(d) opinion whether on a matter of fact or law, is irrelevant.

Ans. (d)
34. Indian Evidence Act applies to:
(a) proceedings before tribunals

(b) proceedings before the arbitrator

(c) judicial proceedings in courts

(d) all the above.


Ans. (c)
35. Law of evidence is:
(a) lex tallienis

(b) lex fori

(c) lex loci solutionis

(d) lex situs.

Ans. (b)
36. Law of evidence is:
(a) a substantive law

(b) an adjective law

(c) both (a) & (b)

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

Ans. (b)
37. Facts can be:
(a) physical facts

(b) psychological facts

(c) physical as well as psychological facts

(d) only physical facts & not psychological facts.

Ans. (c)
38. Under the Evidence Act, fact means:
(a) factum probandum

(b) factum probans

(c) both factum probandum and factum probans

(d) none of the above.

Ans. (c)
39. Fact in issue means:
(a) fact, existence or non-existence of which is admitted by the
parties

(b) fact, existence or non-existence of which is disputed by the


parties

(c) fact existence or non-existence of which is not disputed by the


parties

(d) all the above.


Ans. (b)
40. Evidence under the Indian Evidence Act means &
includes:
(a) ocular evidence

(b) documentary evidence

(c) ocular and documentary evidence both

(d) ocular evidence based on documents only.

Ans. (c)
41. Propositions under Evidence Act are:
I. Affidavit is an evidence.

II. Everything produced before the court for inspection is evidence.

III. Anything of which judicial notice can be taken is evidence.

IV. Written statement of an accused is evidence.

Which of the following is true in respect of the aforesaid


propositions:
(a) I, II, III & IV all are correct

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

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

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


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

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

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

(c) artificial probative value assigned to a fact

(d) rigid mathematical demonstration.

Ans. (b)
43. Standard of proof in:
(a) civil and criminal cases is the same

(b) criminal cases is much more higher than in civil cases

(c) criminal case is lower than in civil cases

(d) either (a) or (c) are correct

Ans. (b)
44. Presumptions under the law of evidence are:
(a) presumption of facts

(b) presumptions of law

(c) both (a) & (b)

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

Ans. (c)
45. Propositions under Evidence Act are:
I. Presumptions of facts are always rebuttable

II. Presumption of facts can be either rebuttable or irrebuttable


III. Presumption of law are always irrebuttable

IV. Presumption of law can be either rebuttable or irrebuttable.

Which is true of the aforesaid propositions:


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

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

(c) II & III are correct but I & IV are incorrect.

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

Ans. (b)
46. Under the law of evidence, the relevant fact:
(a) must be legally relevant

(b) must be logically relevant

(c) must be legally & logically relevant

(d) must be legally & logically relevant and admissible.

Ans. (a)
47. Relevancy is:
(a) question of law and can be raised at any time

(b) question of law but can be raised at the first opportunity

(c) question of law which can be waived

(d) question of procedure which can be waived.

Ans. (a)
48. Question of mode of proof is:
(a) a question of law which can be raised at any time

(b) a question of procedure but has to be raised at the first


opportunity and stands waived if not raised at the first opportunity

(c) a question of procedure & can be raised at any time


(d) a mixed question of law & fact.

Ans. (b)
49. Which of the following documents are not admissible
in evidence:
(a) documents improperly procured

(b) documents procured by illegal means

(c) both (a) & (b)

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

Ans. (d)
50. The facts which form part of the same transaction are
relevant:
(a) under section 5 of Evidence Act

(b) under section 6 of Evidence Act

(c) under section 7 of Evidence Act

(d) under section 8 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

(c) under section 8 of Evidence Act

(d) under section 9 of Evidence Act.

Ans. (b)
53. Motives of preparation and conduct are relevant:
(a) under section 6 of Evidence Act

(b) under section 7 of Evidence Act

(c) under section 8 of Evidence Act

(d) under section 9 of Evidence Act.

Ans. (c)
54. Under section 8 of Evidence Act:
(a) motive is relevant

(b) preparation is relevant

(c) conduct is relevant

(d) all the above.

Ans. (d)
55. For conduct to be relevant under section 8 of Evidence
Act, it:
(a) must be previous

(b) must be subsequent

(c) may be either previous or subsequent

(d) only subsequent & not 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

(b) under section 9 of Evidence Act

(c) under section 10 of Evidence Act

(d) under section 11 of Evidence Act.

Ans. (b)
57. Under section 9 of Evidence Act:
(a) the identification parades of suspects are relevant

(b) the identification parades of chattels are relevant

(c) both (a) & (b) are relevant

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

Ans. (c)
58. Identification of a suspect by photo is:
(a) admissible in evidence

(b) not admissible in evidence

(c) section 9 of Evidence Act excludes identification by photo

(d) section 8 of Evidence Act excludes identification by photo.

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

(b) under section 6 of Evidence Act

(c) under section 10 of Evidence Act

(d) under section 8 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

(b) under section 10 of Evidence Act

(c) under section 30 of Evidence Act

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

Ans. (c)
61. Alibi is governed by:
(a) section 6 of Evidence Act

(b) section 8 of Evidence Act

(c) section 12 of Evidence Act

(d) section 11 of Evidence Act.

Ans. (d)
62. Transaction and instances relating to a right or custom
are relevant:
(a) under section 6 of Evidence Act

(b) under section 8 of Evidence Act

(c) under section 10 of Evidence Act

(d) under section 13 of Evidence Act.

Ans. (d)
63. Section 13 of Evidence Act applies to:
(a) corporal rights

(b) in-corporal rights

(c) both corporal and in-corporal rights

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


Ans. (c)
64. Section 13 of Evidence Act:
(a) is confined to public rights & does not cover private 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

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

Ans. (b)
65. Mode of proof of a custom is contained in:
(a) section 32(4) of Evidence Act

(b) section 32(7) of Evidence Act

(c) section 48 of Evidence Act

(d) all the above.

Ans. (d)
66. Section 14 of Evidence Act makes relevant the facts
which show the existence of:
(a) any state of mind

(b) any state of body or bodily feeling

(c) either state of mind or of body or bodily feeling

(d) a particular state of mind and a state of body.

Ans. (c)
67. Under section 14 of Evidence Act – Explanation I:
(a) evidence of general disposition, habit or tendencies is
inadmissible

(b) evidence having a distinct and immediate reference to the


particular matter in question is admissible

(c) both (a) & (b) are correct


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

Ans. (c)
68. Previous conviction of a person is relevant under:
(a) explanation I to section 14 of Evidence Act

(b) explanation II to section 14 of Evidence Act

(c) explanation III to section 14 of Evidence Act

(d) explanation IV 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

(b) when it is certain that the act is with guilty knowledge

(c) when it is certain that the act is done innocently

(d) either (b) or (c).

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

(b) section 17 of Evidence Act

(c) section 18 of Evidence Act

(d) section 19 of Evidence Act.

Ans. (b)
71. Admissions:
(a) must be examined as a whole and not in parts
(b) can be examined in parts

(c) can be examined as a whole or in parts

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

Ans. (a)
72. Admissions bind the maker:
(a) in so far as it relates to facts

(b) in so far as it relates to question of law

(c) both on questions of facts & of law

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

Ans. (a)
73. Admissions:
(a) must be in writing

(b) must be oral

(c) either oral or in writing

(d) only in writing & not oral.

Ans. (c)
74. Admission to be relevant:
(a) must be made to the party concerned & not to a stranger

(b) must be made to a stranger

(c) it is immaterial as to whom admission is made and an admission


made to a stranger is relevant

(d) it is immaterial to whom the admission is made but must be


made to someone intimately connected & not 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.

III. Statement & admission are genus & confession is a species.

In this context which of the following is correct:


(a) I is correct, II & III are incorrect

(b) I & II are correct & III is incorrect

(c) II & III are correct & I is incorrect

(d) III is correct & I & II are incorrect.

Ans. (a)
76. Admission can be:
(a) formal only

(b) informal only

(c) either formal or informal

(d) only formal & not informal.

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

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

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

B. This statement is an irrelevant fact concerning C’s conduct,


which is irrelevant as a fact in issue

C. This statement does not produce corroborative evidence

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

B. Section 10, Indian Evidence Act

C. Section 12, Indian Evidence Act

D. Section 14, 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).

B. Abdul Rasheed v. State of Kerala, 2008 CrLJ 3480, 3482 (para 9)


(Ker).

C. Hazari Lai v. State, AIR 1980 SC 873.

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

C. Either (A) or (B)

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

B. Transactions similar to but unconnected with the facts in issue

C. Opinions formed by persons as to fact in issue as relevant facts

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

B. Things done in one action cannot be taken as evidence in


another, unless it is between the same parties

C. Things done in one action can be taken as evidence in another,


unless it is 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

C. The first proviso of Section 65

D. The first proviso of Section 67

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

C. Either (A) or (B)

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

B. To inquiries under Article 312 of the Constitution

C. To inquiries under Article 312 of the Constitution

D. To inquiries under Article 314 of the Constitution

Ans: A
89. Dying declaration is:
A. A statement by a person as to only to the cause of his death

B. A statement by a person as to only to any of the circumstances of


the transaction which resulted in his death

C. Either (A) or (B)

D. None of them
Ans: C
90. What is incompetent evidence?
A. Evidence which is not admissible under the established rules of
evidence

B. Evidence which the law does not permit to be presented at all,

C. Evidence which the law does not permit to be presented in


relation to the particular matter, on account of lack of originality or
of some defect in the witness, the document, or the nature of the
evidence itself

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

B. Only when the absence of the attesting witnesses cannot be


sufficiently accounted for

C. Either (A) or (B)

D. None of them

Ans: A
92. When did the Indian Evidence Act come into being?
A. March 15, 1872

B. March 15, 1875

C. March 15, 1880

D. March 15, 1885

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

III. An enquiry by a District Magistrate into a crime alleged

IV. An enquiry under Section 476 (New Section 340) Cr. P.C

V. An enquiry under Section 176 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

B. Section 62, Indian Evidence Act

C. .Section 72, Indian Evidence Act

D. Section 85, 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

B. Upon the circumstances that in the case of public documents,


entries are made in discharge of private duty by an officer who is
authorised and accredited agent appointed for the purpose
C. Upon the circumstances that in the case of private documents,
entries are made in discharge of p 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

II. Usages and tenets of a family

III. Constitution and government of any religious or charitable


foundation

IV. Meaning of words or terms used in particular districts

V. Meaning of words or terms used by particular class of people

A. I, III and IV

B. II, 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

III. That the corroboration must come from independent sources


IV. That the corroboration need not be direct evidence that the
accused committed the crime

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

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