JUDICIAL TEST 3

INDIAN EVIDANCE ACT-TEST

 

1. Which section of the Indian Evidence Act protects communication during marriage?

A.Section 122

B.Section 123

C.Section 124

D.Section 125

2.'B', 'C' and 'D' never saw 'A' writing. But they give their opinion about the handwriting of 'A'. The opinion of which one is relevant?

A.Of 'B', because 'B' is a merchant in Delhi. 'A' has written many letters addressed to 'B'

B.Of 'C' because 'C' is a clerk of 'A' 'C's duty was to examine and file A's correspondence

C.Of 'D' because 'D' is Z's broker to whom Z habitually submitted the letters purporting to Bwritten by 'A' for the purpose of his advice

D.Of all the above

 

3. The privilege to withhold the documents/information under the administrative law is enacted in which of the following Sections of the Evidence Act?

A.Section 120

B.Section 126

C.Section 123

D.Section 98

4. Section 27 of the Indian Evidence Act, 1872, permits the use of discovery evidence, which lays down strictly as to how much of the information contained in the statement of the accused is made admissible. Which one of the following information is relevant under this Section?

A.That relates to only the place of occurrence

B.That relates to nature of the object

C.That relates to the past user of the object

D.Information given by the accused, as relates distinctly to the fact thereby discovered

 

5. Which Section of the Indian Evidence Act, 1872 deals only with civil matters?

A.Section-23

B.Section-27

C.Section-53

D.Section-133

 

 

6. Section 133 of the Indian Evidence Act is related to

A.Number of witnesses

B.Accomplice

C.Oral evidence

D.Relevancy of facts

         

7. For the admissibility of a dying declaration, it is not necessary that the statement:

A.Relates to cause of death

B.The person making the statement must be under expectation of death

C.The person making the statement must be competent

D.The statement must be complete

 

8.Which one of the following sections of the Indian Evidence Act, 1872 has been inserted by the Dowry Prohibition (Amendment) Act, 1986

A.Section 111A

B.Section 113A

C.Section 113B

D.None of the above

 

9. Which one of the following is not correctly matched?

A.Child witness ⇔ Section 118

B.Dumb witness ⇔ Section 120

C.Hostile witness ⇔ Section 154

D.Expert witness ⇔ Section 45

 

10.Which one of the following statements is not correct?

A.Dying declaration may be oral or in writing

B.Where there are two or more dying declarations in a case, there must be similarity of contents between them

C.First Information Report recorded under Section 154 of the Code of Criminal Procedure 1973, may be admitted as dying declaration

D.Statement of dying declaration cannot be recorded by a police officer

 

11.Facts under the Evidence Act means:

A.Anything capable of being perceived by the senses only

B.Anything not being capable of being perceived by the senses only   

C.Only any mental condition of which any person is conscious

D.Anything capable of being perceived by the senses and any mental condition of which any person is conscious

 

 

12.Indian Evidence Act: Defence of alibi is governed by-

A.Section 9 of the Evidence Act

B.Section 12 of the Evidence Act

C.Section 11 of the Evidence Act

D.Section 6 of the Evidence Act

 

13.Section 108 of the Evidence Act provides that when a man has not been heard of for seven years by those who would . . . . . . . . have heard of him if he had been alive, the burden of proving that he is alive shifts on the person who affirms it.

A.Naturally

B.Normally

C.Usually

D.Ordinarily

 

14. Rule of estoppel is contained in Section . . . . . . . . of the Evidence Act, 1872.

A.112

B.115

C.118

D.120

 

15. Which are the provisions under Indian Evidence Act, 1872 that deals with relevancy of opinion of experts?

A.Sections 49 and 50

B.Sections 23 and 24

C.Sections 45 and 46

D.Sections 81 and 82

 

16. The Principle of Promissory Estoppel found its root:

A.As an exception to the doctrine of consideration in the law of contract

B.As a rule of future consideration in the law of contract

C.As a rule of past consideration in the law of contract

D.None of the above 

 

17. The plea can succeed only if it is shown that the accused was so far away at the relevant time that he could not be present at the place where the crime was committed'. The Supreme Court of India, in this observation, was referring to the plea of:

A.Innocence

B.Abetment

C.Alibi

D.Self-defence

 

 

 

18.Which one of the following sections of the Indian Evidence Act, 1872 provides that evidence may be given of facts in issue and relevant facts?

A.Section 3

B.Section 4

C.Section 5

D.Section 60

 

 

19.Two friends A and B were sleeping in a room which was bolted from inside. In the morning, A is found murdered. Under which provision of the Evidence Act, prosecution can claim shifting of burden on B to prove the manner in which the murder took place:

A.Section 114 of the Evidence Act

B.Section 103 of the Evidence Act

C.Section 106 of the Evidence Act

D.Section 101 of the Evidence Act

 

 

20.Which section of the Indian Evidence Act, 1872 is based on the principle of "Agency"?

A.Section 7

B.Section 8

C.Section 9

D.Section 10

 

21. When a person summoned to produce a document and he produces a document then

A.He becomes a witness

B.He is cross-examined by both the parties

C.He is cross-examined with the permission of the court

D.He does not become a witness and cannot be cross examined unless and until he is called as a witness

 

22. When one fact is declared by the Indian Evidence Act to be conclusive proof of another, the court, on proof of one fact:

A.Shall not allow evidence to be given for the purpose of disproving it

B.May allow evidence to be given for the purpose of disproving it

C.Both A and B

D.None of the above

 

23. Which of the following provisions of Indian Evidence Act permits evidence recorded in one case to be considered relevant in a subsequent proceeding?

A.Section 32

B.Section 37

C.Section 38

D.Section 33

24. Evidence of a witness in a previous proceeding would be admissible under section 33 of the evidence act only if the adverse party in the first proceeding had the right and opportunity to cross-examine the witness'. The statement is . . . . . . . .?

A.True

B.False

C.Partly correct

D.None of these

25. Statement made in anticipation of death by a person who survives, to a police officer, would be

A.Admissible under S. 32

B.Admissible under S. 157

C.Inadmissible

D.Admissible under S. 144

26. Electronics records produced before the court are:

A.Oral evidence

B.Documentary evidence

C.Ordinary evidence

D.Technical evidence

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

A.It does not deal with a fact in issue

B.It does not deal with a relevant fact

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

D.It is not an entry made by public servant

 

28. Which one of the following has not been mentioned as a ground under section 24 rendering a confession by an accused person irrelevant

A.Inducement

B.Promise

C.Deceit

D.Threat

29. Mandatory requirement of Section 27 of the Indian Evidence Act is that . . . . . . . .

A.The accused must be in police custody

B.The accused must be in judicial custody

C.The accused must be on bail

D.The accused must plead guilty first

 

30. Indian Evidence Act deals with:

1. Relevancy of evidence
2. Reliability of evidence
3. Admissibility of evidence
Select the correct answer:

A.1 and 2 only

B.1 and 3 only

C.3 only

D.1, 2 and 3

 

31. Former statement of a witness may be proved to corroborate later testimony as to the same fact, as provided under Section . . . . . . . . of the Indian Evidence Act.

A.Section 157

B.Section 151

C.Section 156

D.Section 155

 

32. Section 27 applies to

A.Discovery of some fact which the police had not previously learnt from other sources and was first derived from the information given by the accused

B.Discovery of some fact which the police had previously learnt from other sources

C.Discovery of some fact which the police had previously learnt from other sources and the accused has also given information regarding the same

D.All the above

Answer: Option A33. An evidence given by a dumb witness in an open court is . . . . . . . .

A.A documentary evidence

B.An oral evidence

C.Inadmissible

D.Deemed to be no evidence

34. The presumption under Section 41 of Evidence Act is a

A.Presumption of fact

B.Rebuttable presumption of law

C.Presumption of fact and law

D.Irrebuttable presumption of law

 

35. According to the Indian Evidence Act, the burden of proof in a suit or proceeding lies on the person:

A.Who instituted the suit or proceeding

B.Against whom the suit or proceeding is instituted

C.Who would fail if no evidence at all were given on either side

D.Whom the court may call upon

36. Under Indian Evidence Act, 1872, prosecution or Complainant may

A.Not refresh memory of his witness

B.Ask leading question to his own witness with the permission of the Court

C.Ask leading question to his own witness without the permission of the Court

D.All 3 options are incorrect

37. Which of the following section of the Indian Evidence Act deals with the burden of proof as to ownership?

A.Section 100

B.Section 101

C.Section 110

D.Section 105

38. Admissions by agents are:

A.Always admissible in civil proceedings

B.Admissible in civil proceedings only if the agent has the authority to make admissions

C.Not admissible in criminal proceedings

D.Both B and C

39. The principle of proving beyond reasonable doubt applies to:

A.Criminal proceedings only

B.Civil proceedings only

C.Evidence Law

D.All the Civil and Criminal proceedings

40. Which Section of the Indian Evidence Act deals with 'Hostile witness'?

A.Section 134

B.Section 154

C.Section 155

D.Section 157

41. Which statement is not correct in the light of Section 27 of Indian Evidence Act, 1872?

A.Person who give information must be an accused of an offence

B.He must be in custody of police

C.A relevant fact must be discovered from the information which is given by that person

D.None of these

 

42. Confidential Communication with whom of the following is protected under Indian Evidence Act, 1872?

A.To Magistrate

B.To Police Officer

C.To Legal Advisor

D.To Revenue Officer 

 

43. Section 13 of Evidence Act

A.Is confined to public rights and 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

 

 

44. In which of the following there is no estoppel

A.On a point of law

B.Against a statute

C.Attestation of a deed

D.All the above

 

45. The primary evidence in respect of a document, which is prepared in many original copies, will be:

A.First original copy

B.All original copies

C.All copies are secondary evidence

D.None of the above

 

46. 'Proof' is the result of

A.Inquiry

B.Evidence

C.Investigation

D.Statement

 

47. Oral evidence of fact invalidating the document is admissible under

A.Proviso 1 to Section 92 of the Evidence Act

B.Proviso 2 to Section 92 of the Evidence Act

C.Proviso 4 to Section 92 of the Evidence Act

D.Proviso 6 to Section 92 of the Evidence Act

 

48. Under which section of the Indian evidence act the conduct of the accused us relevant?

A.Section-8

B.Section-10

C.Section-11

D.Section-12

 

49. Which one of the following Sections of the Indian Evidence Act provides for admissibility of secondary evidence?

A.Section 60

B.Section 61

C.Section 63

D.Section 65

 

50. In civil cases no admission is not relevant if . . . . . . . .

A.If it is made upon an express condition that evidence of it is not to be given

B.If it is not clear in terms and intention

C.Court is not satisfied

D.All of the above

 

51. Pawan Kumar v. State of Haryana, AIR 2001 SC 1324 relates to

A.Presumption as to dowry death

B.Presumption as to legitimacy

C.Presumption as to rape

D.Presumption as to abetment of suicide by a married woman

 

52. Presumption as to abetment to commit suicide by a married woman has been given-

A.Under Sec. 114 of the Evidence Act

B.Under Sec. 113-A of the Evidence Act

C.Under Sec. 113-B of the Evidence Act

D.Under Sec. 112 of the Evidence Act

 

53. Indian Evidence Act: Extra Judicial confession means a confession made?

A.Before judicial Magistrate in court

B.Before Doctor

C.Before Friend

D.Both before Doctor and before Friend

 

54. High Court  of Kerala has recently held that Compact Disc (CD) is admissible in evidence in family court even without certificate. This can be done under which section of the Indian Evidence Act.

A.Section 65 B (4)

B.Section 65A

C.Section 65

D.Section 66 

55. No Judge or Magistrate can be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate except upon the special order of:

A.High Court

B.Supreme Court

C.Court to which he is subordinate

D.Court having administrative control over him

56. In cases where a document proved to be thirty years old is produced from proper custody, which of the following presumptions will the court make?

A.The court makes an irrebutable presumption that the contents of the document is true

B.The court shall presume that the person who had custody of the document is the executor of the document

C.The court may presume that the signature and handwriting is the signature and handwriting of the person to be and was duly executed and attested

D.The Court shall not make any presumption as to its validity or its execution

 

57. In a reference made over a disputed matter to a third person, the declaration so made by that person shall be an evidence against the party making a reference, by virtue of

A.Section 17 of Evidence Act

B.Section 19 of Evidence Act

C.Section 20 of Evidence Act

D.Section 21 of Evidence Act

 

58. Dying declaration under Section 32 of the Indian Evidence Act, 1872, is an exception to the rule of

A.Direct evidence

B.Hearsay

C.Admissions

D.Estoppel

 

59. Section 108 of Evidence Act relates to

A.Presumption of death

B.Presumption of life

C.Presumption of legitimacy

D.Presumption of relationship

 

60. The facts of which the court must take judicial notice include the

A.Gazetted Holidays observed by the Government of India

B.Rules of road

C.Neither A nor B

D.Both A and B

 

61. A wife had only seen a speeding vehicle, which had crushed the husband at a little distance. She had not seen the accident herself. The husband died of heart attack a day later. Can wife's evidence be taken of what the injured husband said to her after the accident?

A.Yes, it being a dying declaration

B.No, it is merely a hearsay evidence

C.No, because it is a privileged communication

D.Yes, it being a part of res-gestae

 

62. The presumption of continuance of life is contained in Section . . . . . . . . of the Evidence Act

A.107

B.108

C.207

D.115

 

63. A, agrees, in writing, to sell a horse to B for "Rs. 1,000 or Rs. 1,500. To show which price was to be given, under Indian Evidence Act-

A.Evidence can be given

B.Evidence cannot be given

C.Evidence can be given by the Court's permission

D.Can be proved as secondary evidence

 

64. A traveller while travelling has been asked for the ticket by the ticket checker, the traveller replies he has purchased the ticket. Ticket checker prosecutes the traveller for travelling without ticket. In this case, under which section on whom the burden of proof lies will be determined?

A.Section 106

B.Section 105

C.Section 107

D.Section 104

 

65. Question is this, whether A was raped and murdered? The fact that she said, without making complaint, that she was raped

A.Will be relevant as conduct

B.Will be relevant as substantial evidence

C.Will be relevant as secondary evidence

D.Canbe relevant under Section 32(1) or Section 157 of the Evidence Act

 

66. The fact sought to be proved is called

A.Factum probans

B.Factum probandum

C.Lex Fori

D.Lex Loci

67. The Indian Evidence Act came into force on?

A.1^st January, 1872

B.1^st April, 1872

C.1^st September, 1872

D.31^st March, 1872

 

68. Which of the following statements hold true for the admissions?

A.The admissions made to strangers are not admissible under the Indian Evidence Act, 1872

B.Before admitting the evidence of the admission, it should be brought to the notice of the party who made it

C.Admissions can be oral as well as written in documents

D.Only judicial admissions are acceptable under the Indian Evidence Act, 1872

 

69. The conduct to be relevant under Section 8 of the Indian Evidence Act, it:

A.Must be previous

B.Must be subsequent

C.May be either previous or subsequent

D.None of the above

 

70. In which Sections of the Indian Evidence Act, provisions of 'Estoppel' are given:

A.From Section 115 to 117

B.From Section 118 to 120

C.From Section 110 to 124

D.From Section 107 to 109

 

71.According to Indian Evidence Act, a fact is said to be 'not proved', when the:

A.Court believes that the fact does not exist

B.Court considers its non-existence probable

C.Fact is neither proved nor disproved

D.Court considers its existence doubtful beyond reasonable doubt 

72. Expert opinion is relevant under Section . . . . . . . . of the Indian Evidence Act

A.Section 41

B.Section 43

C.Section 44

D.Section 45 

 

73.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

 

74. In the Indian Evidence Act, the expression "Court" means:

A.All Judges

B.All Magistrates

C.All persons except Arbitrators, legally authorised to take evidence

D.All the above

 

75. What is the meaning of "Not proved" under Indian Evidence Act?

A.Fact does not exist

B.Non-existance probable

C.Court has doubt

D.Neither proved nor disproved

 

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

A.Nemo moriturus proesumitur mentiri

B.Lex fori

C.Res judica

D.None of them

 

77. Which section deal with Oral Evidence?

A.Section 54

B.Section 14

C.Section 37

D.Section 60

 

78. Which one cannot make admission?

A.Agent of parties

B.Person from whom parties have derived interest

C.Admission by co-defendant

D.Those persons who have been made umpires by parties to the case

 

79. A document required by law to be attested can be proved under Section 68 of the Evidence Act only by calling:

A.Both the attesting witnesses

B.Some other person who has the knowledge of the contents

C.At least one of the attesting witnesses

D.All of the above

 

80. By which one of the following amendments Section 53A has been inserted in the Indian Evidence Act, 1872?

A.Information Technology (Amendment) Act, 2008

B.Indian Evidence (Amendments) Act, 2002

C.Criminal Law (Amendments) Act, 2005

D.Criminal Law (Amendments) Act, 2013

 

81. Factum Probandum means:

A.Conclusive fact

B.The fact that is probable

C.The fact that has to be believed

D.The principal fact to be proved

 

82. Which is the correct order of examination of witnesses?

A.Cross-examination, examination-in-chief, re-examination

B.Examination-in-chief, re-examination, cross-examination

C.Examination-in-chief, cross-examination, re-examination

D.None of these

83. When a party refuses to produce a document which he has notice to produce, can he use the document as evidence afterwards?

A.He cannot do so

B.He can use it with the consent of other party

C.He may use it by the order of court

D.Both B and C

 

84. Under Section 113A of the Evidence Act, the Court . . . . . . . . presume and under Section 113B of the Evidence Act, the Court . . . . . . . . presume:

A.May, shall

B.May, may

C.Shall, shall

D.Shall, may

 

85. If the attested witness denies or does not recollect the execution of the document, its execution may be proved by other evidence under . . . . . . . . of Indian Evidence Act, 1872

A.Section 68

B.Section 69

C.Section 70

D.Section 71

E.None of these

 

86. The essential conditions for the dying declaration to be relevant include the
1. Statement is made by a person as to the cause of his death.
2. Statement is made by a person as to any of the circumstances of the transaction which resulted in his death.
3. Person must have been under expectation of death at the time of making the statement.
Which of the above propositions is/are correct?

A.1 and 2

B.2 and 3

C.1 and 3

D.All these 

 

87. Court question under Section 165 of Evidence Act can be put to

A.Any witness

B.Any party

C.Both A and B

D.Neither A nor B

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

A.The leading questions can be used

B.It must only relate to relevant facts

C.It must only relate to the fact in question

D.All of these

89.In which year the electronic evidence was incorporated in the Indian evidence Act as a part of documentary Evidence?

A.2001

B.2002

C.2000

D.1999

 

90. Under the Evidence Act, Court includes

A.All Judges

B.All Magistrates

C.All Arbitrators

D.A and B

91.When a witness shall be compelled to answer a question is decided by the:

A.Public prosecutor

B.Advocate of the accused

C.Court

D.Witness himself

 

92. 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 and B and not C

93. Presumption as to absence of consent in certain prosecutions of rape cases is raised by . . . . . . . .

A.Section 114 of the Evidence Act

B.Section 114B of the Evidence Act

C.Section 376 of the Indian Penal Code

D.Section 114A of the Evidence Act

 

94.The question is, whether 'A' committed murder of 'B' at Delhi on a certain day. The fact that, on that day 'A' was at Mumbai is:

A.Relevant under Section 6 of Evidence Act

B.Relevant under Section 8 of Evidence Act

C.Relevant under Section 11 of Evidence Act

D.Not relevant under any of the provisions of Indian Evidence Act

 

95. A non-confessional statement recorded under section 164 of Criminal Procedure Code

A.Is a substantive piece of evidence

B.Is not a substantive evidence

C.May or may not be substantive evidence depending on the facts and circumstances

D.All of these

 

96. In criminal cases previous bad character of accused is-

A.Relevant

B.Always irrelevant

C.Relevant when evidence has been given that he has a good character

D.Relevant when evidence has been given that he has a good character and when bad character is itself in issue

 

97. Match the following:

List I (Section of Evidence Act)	List II
a. Section-60	1. Leading question
b. Section-141	2. Hostile Witness
c. Section-154	3. Refresh memory
d. Section-159	4. Oral evidence

A.a-4, b-1, c-2, d-3

B.a-1, b-2, c-3, d-4

C.a-1, b-2, c-4, d-3

D.a-1, b-3, c-4, d-2

 

98. A tenant of an immovable property can deny title of the landlord to such immovable property:

A.After the tenant vacates the property

B.If landlord is not the actual owner

C.If landlord had trespassed into the property and his title is defective

D.In all cases covered by clauses (a) to (c)

 

99. In civil cases Indian Evidence Act bestows burden of proof on

A.The Petitioner

B.The respondents

C.The State Government

D.The Court

 100. Resumption of Dowry death is included in the Evidence Act under

A.Section 54

B.Section 113B

C.Section 67

D.Section 86

 

Judicial coaching in chandigarh  /

Haryana Judicial coaching in chandigarh  /

Punjab Judicial coaching in chandigarh  /

Himachal Judicial coaching in chandigarh  by IAS_JUDICIAL TODAY academy in chandigarh