THE INDIAN EVIDENCE ACT, 1872

1. Indian Evidence Act was drafted by

(a) Lord Macaulay
(b) Sir James F. Stephen
(c) Huxley
(d) Sir Henry Summer Maine.

2. The law of evidence consists of

(a) ordinary rules of reasoning
(b) legal rules of evidence
(c) rules of logic
(d) all the above.

3. 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.

4. ‘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.

5. 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.

6. 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.

 
 

7. Indian Evidence Act applies to

(a) proceedings before tribunals
(b) proceedings before the arbitrator
(c) judicial proceedings in courts
(d) all the above.

8. Law of evidence is
(a) lex tallienis
(b) lexfori
(c) lex loci solutionis
(d) lex situs.

9. Law of evidence is
(a) a substantive law
(b) an adjective law
(c) both (a) & (b)
(d) neither (a) nor (b).

10. Facts can be

(a) physical facts
(b) psychological facts
(c) physical as well as psychological facts
(d) only physical facts & not psychological facts.

11. Under the Evidence Act, fact means

(a) factum probaiidum
(b) factum probmis
(c) both factuin probaizdum and factum probans
(d) none of the above.

12. 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.

13. 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

14. Propositions under Evidence Act are Affidavit is an evidence.

I. Affidavit Is an evidence.
II. Everything produced before the court tor 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.

15. 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.

16. 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

17. Presumptions under the law of evidence are

(a) presumption of facts
(b) presumptions of law
(c) both (a) & (b)
(d) only (b) & not (a).

18. 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 8: IV are incorrect.
(d) II & IV are correct but I & III are incorrect.

19. 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.

20. 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.

21. 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.

22. 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).

23. 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.

24. 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.

25. 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.

26. 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.

27. Under section 8 of Evidence Act

(a) ‘motive is relevant
(b) preparation is relevant
(c) conduct is relevant
(d) all the above.

28. 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.

29. 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.

30. 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.

 
 

31. 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.

32. 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.

33. A confession made ‘by a conspirator involving other members is relevant against the
co-conspirator 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).

34. 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.

35. 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.

36. Section 13 of Evidence Act applies to

(a) corporal rights '
(b) incorporal rights
(c) both corporal and incorporal rights
(d) neither (a) nor (b).

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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 I
(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).

43. 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.

44. 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.

45. 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).

46. Admissions
(a) must be in writing
(b) must be oral
(c) either oral or in writing
(d) only in writing & not oral.

47. 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.

48. Propositions under Evidence Act are Statement is a genus, admission is a species
& confession is a sub species.
I. Statement 8: admission are species & confession is a sub species.
II. Statement & admission are genus & confession is a (species.
III. In this context which of the following is correct
(a) I is correct, II & III are incorrect
(b) I & ll are correct & III is incorrect
(c) II & III are correct & I is incorrect
(d) III is correct & I & II are incorrect.

 
 

49. Admission can be

(a) formal only
(b) informal only
(c) either formal or informal
(d) only formal & not informal.

50. 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.

51. Persons who can make admissions are mentioned in

(a) section 17 of Evidence Act
(b) section 20 of Evidence Act
(c) section 19 of Evidence Act
(d) section 18 of Evidence Act.

52. Admissions by agents are A

(a) admissible in civil proceedings under all circumstances
(b) admissible in civil proceedings only if the agent has the authority to make admissions
(c) never admissible in criminal proceedings
(d) both (b) & (c). I

53. Admissions made by a party are evidence against

(a) privies in blood
(b) privies in law
(c) privies in estate
(d) all the above.

54. Which of the following admission is no evidence

(a) an admission by one of the several defendants in a suit against another defendant
(b) an admission by a guardian ad litem against a minor
(c) an admission by one of the partners of a firm against the firm or other partners
(d) Only (a) &(b).

55. When the liability of a person who is one of the parties to the suit depends upon the
liability of a stranger to the suit, then an admission by the stranger in respect of his
liability shall be an admission on the part of that person who is a party to the suit. It has
been so provided

 
 

(a) under section 21 of Evidence Act

(b) under section 20 of Evidence Act .
(c) under section 19 of Evidence Act
(d) under section 17 of Evidence Act.

56. 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.

57. Communication made ‘without prejudice’ are protected

(a) under section 22 of Evidence Act
(b) under section 23 of Evidence Act
(c) under section 24 of Evidence Act
(d) under section 21 of Evidence Act.

58. Confession caused by inducement, threat or promise is contained in

(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) section 27 of Evidence Act.

59. Section 24 of Evidence Act applies

(a) when the inducement, threat or promise comes from a person in authority
(b) when the inducement is of a temporal kind
(c) when the inducement is spiritual or religious,
(d) only (a) & (b) are correct.

60. A confession made to a police officer is inadmissible under

(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) section 27 of Evidence Act.

61. A confession to be inadmissible under section 25 of Evidence Act

(a) must relate to the same crime for which he is charged
(b) must relate to another crime
(c) may relate to the same crime or another crime

 
 

(d) only (a) is correct and (b) is incorrect.

62. Which of the following is not given by section 25 of Evidence Act

(a) confessions made to custom officers
(b) confession made to a member of Railway Protection Force
(c) confession made to an officer under FERA
(d) all the above.

63. A retracted confession

(a) can be made solely the basis of conviction
(b) cannot be made solely the basis of conviction under any circumstances
(c) can not be made solely the basis of conviction unless the same is corroborated
(d) both (a) & (c) are incorrect.

64. A confession made by a person while in police custody is inadmissible as per

(a) section 25 of Evidence Act
(b) section 26 of Evidence Act
(c) section 27 of Evidence Act
(d) section 30 of Evidence Act.

65. A confession made while in police custody is admissible under section 26 of Evidence
Act
(a) if made in the presence of a doctor
(b) if made in the presence of a captain of a vessel
(c) if made in the presence of a Magistrate
(d) all the above.

66. A section 27 control

(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) all the above.

67. 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.

68. Under section 27 of Evidence Act, ‘discovery of fact’ includes

(a) the object found
(b) the place from where it is produced
(c) both (a) & (b)
(d) neither (a) nor (b).

69. Section 27 of Evidence Act applies

(a) when the person giving information is an accused but not in police custody
(b) when the person giving information is an accused and is in police custody
(c) when the person is in police custody but not an accused
(d) when the person is neither in police custody nor an accused.

70. Under section 27 of Evidence Act

(a) the whole statement is admissible
(b) only that portion which distinctly relates to the discovery is admissible
(c) both are admissible depending on the facts & circumstances of the case
(d) only (a) & not (b).

71. Facts discovered in consequences of a joint information

(a) are not admissible and can not be used against any of the accused person
(b) are admissible and can be used against any one of the accused person
(c) are admissible and can be used against all the accused persons
(d) both (a) & (c) are correct.

72. Confession of an accused is admissible against the other co-accused

(a) under section 28 of Evidence Act
(b) under section 29 of Evidence Act
(c) under section 30 of Evidence Act
(d) under section 31 of Evidence Act.

73. Confession of one accused is admissible against co-accused

(a) if they are tried jointly for the same offences
(b) if they are tried jointly for different offences
(c) if they are tried for the same offences but not jointly
(d) if they are tried for different offences and not jointly.

74. Confession of a co-accused, not required to be on oath and cannot be tested by cross-
examination

 
 

I. is no evidence within the meaning of section 3 of Evidence Act and cannot be the
foundation of a conviction
II. the only limited use which can be made of a confession of a co-accused is by way of
furnishing an additional reason for believing such other evidences as exists
III. it is a very weak type of evidence and is much weaker even than the evidence of an
approver.
In the aforesaid propositions
(a) all I, II & III are correct
(b) only I & III are correct
(c) only I & II are correct
(d) only II & III are correct.

75. ‘Necessity rule’ as to the admissibility of evidence is contained in

(a) section 31 of Evidence Act
(b) section 32 of Evidence Act
(c) section 60 of Evidence Act
(d) section 61 of Evidence Act.

76. Necessity rule as to the admissibility of evidence is applicable, when the maker of a
statement
(a) is dead or has become incapable or giving evidence
(b) is a person who can be found but his attendance can not be procured without
unreasonable delay or expenses
(c) is a person who can not be found
(d) all the above.

77. Under section 32 of Evidence Act, a statement of a person who is dead, to be admissible
(a) must relate to the cause of his own death
(b) may relate to the cause of someone else’ death .
(c) may relate to the cause of his own death or someone else’ death
(d) both (b) & (c) are correct.

78. The person whose statement is admitted under section 32 of Evidence Act
(a) must be competent to testify
(b) need not be competent to testify
(c) may or may not be competent to testify
(d) only (a) is correct and (b) & (c) are incorrect.

79. A dying declaration is admissible

(a) only in criminal proceedings

 
 

(b) only in civil proceedings

(c) in civil as well as criminal proceedings ‘both
(d) in criminal proceedings alone 8: not in civil proceedings.

80. A dying declaration

(a) can form the sole basis of conviction without any corroboration by independent evidence
(b) can form the basis of conviction only on corroboration by independent witness
(c) cannot form the sole basis of conviction unless corroborated by independent witness
(d) only (b) & (c) are correct.

81. A dying declaration to be admissible

(a) must be made before a Magistrate
(b) must be made before the police officer
(c) may be made before a doctor or a private person
(d) may be made either before a magistrate or a police officer or a doctor or a private person.

82. Declaration in course of business are admissible

(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.

83. Declaration as to custom are admissible

(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.

84. Under section 32(4) of Evidence Act, the declaration

(a) as to public rights & customs are admissible
(b) as to private rights & customs are admissible K
(c) as to both public and private rights and customs are admissible V
(d) only as to customs are admissible.

85. Opinions of experts are relevant

(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.

 
 

86. Under section 45 of Evidence Act, the opinion of expert can be for
(a) identity of hand writing
(b) identity of finger impression
(c) both (a) & (b)
(d) neither (a) nor (b).

87. Under section 45 of Evidence Act the opinion of expert can be on the question of
(a) Indian law
(b) Foreign law
(c) both (a) 8: (b)
(d) only (a) 8: not (b).

88. Opinion of an ‘ expert under section 45 of Evidence Act

(a) is a conclusive proof
(b) is not a conclusive proof
(c) is supportive 8: corroborative in nature
(d) either (a) or (c).

89. A disputed handwriting can be proved

(a) by calling an expert
(b) by examining a person acquainted with the handwriting of the writer of the questioned
document
(c) by comparison of the two-admitted & disputed handwritings
(d) all the above.

90. The res inter alia acta is receivable

(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.

91. Entries in the books of accounts regularly kept in the course of business are admissible
under section 34 of Evidence Act
(a) if they by themselves create a liability
(b) if they by themselves do not create a liability
(c) irrespective of whether they themselves create a liability or not
(d) either (a) or (b). '

 
 

92. When the court has to ascertain the relationship between one person and another, the
opinion of any person having special means of knowledge and expressed by conduct is
admissible ‘
a) under section 51 of Evidence Act
b) under section 50 of Evidence Act
c) under section 52 of Evidence Act
d) under section 49 of Evidence Act.

93. The relationship in section 50 of Evidence Act means

a) relationship by blood only
b) relationship by blood or marriage
c) relationship by blood or marriage or adoption
d) only (a) and not (b) & (c).

94. Opinion as to relationship of marriage under section 50 of CPC

a) is admissible in cases of offences against marriage
b) is admissible in proceedings under Indian Divorce Act
c) is admissible both in (a) & (b)
d) is neither admissible in cases of offences against marriage nor in proceedings under Indian
Divorce Act

95. Propositions under Evidence Act are

I. In civil cases, character evidence is inadmissible unless the character of a party is a
fact in issue.
II. In criminal cases, the evidence of good character is admissible generally.
III. In criminal proceedings, evidence of bad character is inadmissible unless the same is
a fact in issue.
IV. In criminal proceedings evidence of bad character is admissible when evidence of
good character has been given.
In relation to the above propositions which of the following is correct statement
(a) all the four (I, II, III & IV) are correct
(b) I, II & III are correct but IV is incorrect
(c) I & II are correct but III & IV are incorrect
(d) I & III are correct but II & IV are incorrect
(e) I, II & IV are correct but III is incorrect
(f) II, III & IV are correct but I is incorrect.

96. Facts of which the judicial notice is to be taken are stated in

(a) section 56 of Evidence Act
(b) section 57 of Evidence Act

 
 

(c) section 58 of Evidence Act

(d) section 55 of Evidence Act.

97. List of facts of which the judicial notice has to be taken under section 57 of Evidence
Act
(a) is exhaustive
(b) is illustrative only
(c) is both (a) & (b)
(d) is neither (a) nor (b).

98. Facts which need not be proved by the parties include

(a) facts of which judicial notice has to be taken
(b) facts which have been admitted by the parties at or before the hearing
(c) both (a) & (b)
(d) neither (a) nor (b).

99. The court may in its discretion call for proving the facts
(a) of which judicial notice has to be taken
(b) which have been admitted otherwise than such admissions
(c) both (a) & (b)
(d) neither (a) nor (b).

100. Oral evidence under section 60 of Evidence Act may be

(a) direct only
(b) hearsay
(c) both (a) & (b)
(d) either (a) or (b).

101. Contents of a document under section 59 of Evidence Act

(a) can be proved by oral evidence
(b) can not be proved by oral evidence
(c) may or may not be proved by oral evidence
(d) can only be proved by oral evidence under the order of the court.

102. Contents of a document may be proved under section 61 of Evidence Act

(a) by primary evidence
(b) by secondary evidence
(c) either by primary or by secondary evidence
(d) only by primary evidence & not by secondary evidence.

 
 

103. Secondary evidence of a document means

(a) copies of that document
(b) oral account of the contents of the documents
c) both (a) & (b)
(d) only (a) & not (b).

104. Secondary evidence of a document is admissible as a substitute for

(a) admissible primary evidence
(b) inadmissible primary evidence under certain circumstances
(c) inadmissible primary evidence under all the circumstances
(d) both (a) & (b) are correct.

105. The circumstances under which the secondary evidence is admissible have been
enumerated in
(a) section 63 of Evidence Act
(b) section 64 of Evidence Act
(c) section 65 of Evidence Act
(d) section 66 of Evidence Act.

106. Secondary evidence is admissible

(a) where the non-production of primary evidence has not been accounted for
(b) where the non-production of primary evidence has been accounted for
(c) irrespective of whether the non- production of primary evidence has been accounted for
or not
(d) both (a) & (c) are correct.

107. Oral account of the contents of a document is admissible

(a) when given by a person who has seen & read the document A
(b) when given by a person who has seen but not read the document
(c) when given by a person to whom the document was read over
(d) when given by any of the above. V

108. A document required by law to be attested can be proved under section 68 of

Evidence Act only
(a) by calling both the attesting witnesses
(b) by calling at least one of the attesting witnesses
(c) by calling none of the attesting witnesses but by calling some other person who has the
knowledge of the contents
(d) all of the above are correct.

 
 

109. The calling of at least one attesting witness to prove a document under section 68 is
not necessary
(a) when the document other than a will is registered under the Indian Registration
(b) when the document including Will is registered under the Indian Registration Act, 1908
(c) when the document irrespective of whether it is a Will, is registered under the Indian
Registration Act, 1908
(d) both (b) & (c) are correct.

110. A will is required to be proved by calling at least one attesting witness

(a) when it is registered
(b) when it is unregistered
(c) when it is admitted
(d) all of the above.

111. Public documents are mentioned in

(a) section 72 of Evidence Act
(b) section 73 of Evidence Act
(c) section 74 of Evidence Act
(d) section 75 of Evidence Act.

112. Documents which are not covered under section 74 of Evidence Act are called
(a) semi-public documents
(b) quasi-public documents
(c) private documents
(d) all the above.

113. Maxim ’0mnia proesumuntur rite esse acta’ means

(a) all acts are presumed to be rightly done
(b) all acts are presumed to be not rightly done
(c) all acts are presumed to be wrongly done
(d) all acts are presumed to be not wrongly done.

114. Admissibility of electronic record has been prescribed under

(a) section 65 of Evidence Act
(b) section 65A of Evidence Act
(c) section 65B of Evidence Act
(d) section 66 of Evidence Act.

115. Principle of ’0mnia proesumuntur rite esse acta’ is contained in

(a) section 78 of Evidence Act

 
 

(b) section 79 of Evidence Act

(c) section 80 of Evidence Act
(d) section 81 of Evidence Act.

116. Section 79 of Evidence Act applies to

(a) certificates issued by a Government officer
(b) certified copies issued by a Government officer
(c) other documents duly certified to be 12 genuine. by a Government officer
(d) all the above.

117. Section 79 of Evidence Act contains

(a) an irrefutable presumption of law
(b) a rebuttable presumption of law
(c) a presumption of fact
(d) no presumption either of fact or law.

118. Sections 79 to 85 of Evidence Act contain

(a) presumption of facts
(b) rebuttable presumptions of law
(c) irrebuttable presumption of law
(d) irrebuttable presumptions of facts.

119. Presumption as to the accuracy of maps 8: plans made by the authority of

Government is contained in
(a) section 81 of Evidence Act
(b) section 82 of Evidence Act
(c) section 83 of Evidence Act
(d) section 84 of Evidence Act.

120. Under section 83 of Evidence Act, presumption as to accuracy of maps 8: plans can
be raised in respect of
(a) maps & plans made by private persons
(b) maps & plans made by the authority of Government
(c) both (a) & (b) above
(d) only (a) & not (b).

121. Due execution and authentication of a power of attorney shall be presumed under
section 85 of Evidence Act when executed before & authentication by
(a) anotary
(b) a judge

 
 

(c) amagistrate
(d) all the above.

122. 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.

123. 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.

124. 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 ten-dered in evidence, when its genuineness becomes a
subject of proof
(d) all the above.

125. 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.

126. 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).

127. Presumption as to the genuineness of gazettes in electronic form has been dealt
with under
(a) section 81 A of Evidence Act .
(b) section 88A of Evidence Act
(c) section 90A of Evidence Act

 
 

(d) section 73A of Evidence Act.

128. 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)
(d) only (b) but not (a).

129. 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.

130. 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) 8: not (b).

131. 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).

132. Section 91 of Evidence Act applies to documents which are

(a) unilateral
(b) bilateral
(c) tripartite
(d) all the above.

133. 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).

134. 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.

135. 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.

136. Section 92 of Evidence Act applies to

(a) unilateral documents
(b) bilateral documents
(c) both (a) & (b)
(d) either (a) or (b).

137. 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.

138. 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.

139. 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).

140. 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.

141. 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.

142. 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.

143. 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 lateens
(c) both (a) & (b)
(d) only (b) & not (a).

144. 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.

 
 

145. 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).

146. 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).

147. 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.

148. Burden of proof is lightened by

(a) presumptions
(b) admissions
(c) estoppels
(d) all the above.

149. 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).

150. 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).

151. Which of the following is true as to the standard of proof in criminal 81; 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’.

152. Section 105 of Evidence Act applies to

(a) criminal trials
(b) civil trials
(c) both (a) & (b)
(d) neither (a) nor (b).

153. 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.
154. 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).

155. In criminal trials, the accused has to establish his plea mitigation or justification of
an offence
(a) beyond reasonable doubt
(b) prima fzzcie
(c) substantially
(d) either (a) or (c).

156. 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) 8: (b)
(d) neither (a) nor (b).

157. 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.

158. 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.

159. Section 108 of Evidence Act relates to

(a) presumption of death
(b) presumption of life
(c) presumption of legitimacy
(d) presumption of relationship.

160. 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.

161. 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.

162. 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).

163. 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.

164. The possession contemplated under section 110 of Evidence Act is

(a) juridical possession
(b) symbolic possession

 
 

(c) actual physical possession

(d) all the above.

165. 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.

166. Section 112 of Evidence Act provides for

(a) presumption of life
(b) presumption of marriage
(c) presumption of death
(d) presumption of legitimacy.

167. 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.

168. 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 clays of dissolution of marriage, the mother remaining
unmarried
(c) in both (a) & (b)
(d) in only (a) 8: not (b).

169. 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 i
(d) either in (a) or (b).

170. 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).

171. 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).

172. 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.

173. An accomplice is
(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).

174. Presumption
(a) is an evidence
(b) is a proof
(c) shows on whom the burden of proof lies
(d) all the above.

175. Presumption as to abetment of suicide by a married woman has been provided

(a) under section 111A of Evidence Act
(b) under section 113A of Evidence Act
(c) under section 113B of Evidence Act
(d) under section 113 of Evidence Act.

176. Presumption under section 113A of Evidence Act can be raised if the suicide by the
married woman is committed
(a) within 7 years of marriage
(b) within 5 years of marriage
(c) within 3 years of marriage
(d) within 1 year of marriage.

177. Presumption as to dowry death is contained in

(a) section 111A of Evidence Act
(b) section 113A of Evidence Act
(c) section 113B of Evidence Act
(d) section 113 of Evidence Act.

178. Presumption under section 114 of Evidence Act can be raised having regard to the
common course of
(a) natural events
(b) human conduct
(c) public and private business
(d) all of the above.

 
 

179. 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.

180. The doctrine of estoppel is a

(a) substantive law
(b) rule of equity
(c) rule of evidence
(d) law of pleadings.

181. Estoppels are binding

(a) upon litigating parties
(b) upon privies of the litigating parties
(c) upon strangers to the lis
(d) both (a) & (b) only.

182. Estoppel is a rule of

(a) civil action
(b) criminal action
(c) both civil and criminal action
(d) only (b) and not (a).

183. Estoppel can be

(a) by matter of record resulting from the judgment of a competent court
(b) by deed resulting from entering into a solemn engagement as to certain facts
(c) by pais arising from agreement or contract and from act or conduct of misrepresentation
resulting in a change of position
(d) all the above.

184. The estoppel in section 115 of Evidence Act

(a) is an estoppel by record
(b) is an estoppel by deed
(c) is an estoppel by pais
(d) all the above.

185. 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.

186. Estoppel can be

(a) by silence
(b) by negligence

 
 

(c) by election
(d) all the above.

187. Estoppel deals with

(a) question of facts
(b) question of right
(c) both (a) 8: (b)
(d) neither (a) nor (b).

188. Estoppel
(a) is a cause of action in itself
(b) creates a cause of action
(c) both (a) & (b) are correct
(d) neither (a) nor (b) is correct.

189. Estoppel
(a) should be specifically pleaded
(b) need not be specifically pleaded
(c) may be specifically pleaded or may not be specifically pleaded
(d) both (b) & (c) are correct.

190. Rule of estoppel of tenants and of licence of person in possession is contained in

(a) section 116 of Evidence Act
(b) section 117 of Evidende Act
(c) section 118 of Evidence Act
(d) section 119 of Evidence Act.

191. Estoppel operates in case of a tenant

(a) during the continuance of tenancy
(b) who remain in possession after the termination of tenancy by notice to quit
(c) both (a) and (b)
(d) only (a) and not (b).

192. Under section 116 of Evidence Act, the tenant is estopped

(a) from denying the title to the property, of the landlord
(b) from denying the title to the property, of the actual owner
(c) both'(a)&(b)
(d) only & not (a).

193. A tenant or licencee under section 116 of Evidence Act is estopped from denying the
title of landlord
(a) during the continuance of tenancy
(b) after the creation of tenancy or licence
(c) after the surrender of possession under tenancy or licence
(d) all the above.

 
 

194. Under section 118 who amongst the following are competent witnesses
(a) child
(b) accused
(c) lunatic
(d) all the above.

195. A person is competent to testify

(a) if he understands the question put to him
(b) if he is able to give rational awareness to those questions
(c) if has both (a) & (b)
(d) if has (a) only and not (b).

196. A dumb person is a competent witness as provided under

(a) section 118 of Evidence Act
(b) section 119 of Evidence Act
(c) section 120 of Evidence Act
(d) section 121 of Evidence Act.

197. Husband & wife both are competent witness for & against each other
(a) in civil proceedings
(b) in criminal proceedings
(c) in both civil & criminal proceedings
(d) neither in civil nor in criminal proceedings.

198. Section 121 of Evidence Act provides for privilege in respect of

(a) husband & wife
(b) judges & magistrates
(c) affairs of the state
(d) official communication.

199. Privilege in respect of judges & magistrates under section 121 of Evidence Act
relates to
(a) questions which a witness cannot be compelled to answer
(b) question which a witness cannot be permitted to answer
(c) both (a) & (b)
(d) neither (a) nor (b).

200. Privilege under section 121 of Evidence Act is

(a) available to an arbitrator
(b) not available to an arbitrator
(c) may or may. not be available to an
(d) arbitrator both (b) & (c) are correct.

201. Privilege in respect of husband & wife under section 122 of Evidence Act relates to
(a) question which a witness cannot be compelled to answer
(b) question which a witness cannot be permitted to answer

 
 

(c) both (a) & (b)

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

202. Admissibility of the evidence under section 122 of Evidence Act has to be adjudged
(a) in the light of the status on the date when the communication was made
(b) in the light of the status, on the date when the communication is sought to be tendered in
court
(c) in the light of the status, on the date when the evidence is to be given in the court
(d) either (a) or (b) or (c).

203. A communication made to the spouse during marriage, under section 122 of
Evidence Act
(a) remains privileged communication after the dissolution of marriage by divorce or death
(b) does not remain privileged after the dissolution of marriage by divorce or death
(c) does not remain privileged after the dissolution of marriage by divorce, but remains
privileged even after death
(d) remains privileged after the dissolution of marriage by divorce but not so on after death.

204. A document containing a communication from a husband to a wife or vice versa, in

the hands of a third person
(a) Is not admissible in evidence until consented to by the writer of the communication
(b) is not admissible in evidence at all is not admissible in evidence until-
(c) is admissible in evidence
(d) either (a) or (b).

205. A husband or wife are permitted to disclose any communication between them
during marriage
(a) in civil proceedings between the parties
(b) in criminal proceedings between the parties
(c) in matrimonial proceedings between the parties
(d) all the above.

206. Protection under section 122 of Evidence Act is available to

(a) a witness
(b) husband & wife as a witness
(c) both (a) & (b)
(d) either (a) or (b).

207. Protection under section 122 of Evidence Act is

(a) confined to confidential communication and not applicable to general communication
between the husband & wife
(b) not confined to confidential communications only but extends to communication of whatever
nature
(c) confined to confidential communication and may be extended to communications of general
nature
(d) only (c) and not (a) or (b).

 
 

208. Protection under section 122 of Evidence Act

(a) can be waived by the witness without the consent of the husband or wife
(b) can be waived by the witness with the consent of husband or wife, only
(c) cannot be waived by the witness under any circumstances
(d) either (a) or (c).

209. Communication in respect of the affairs of the state are privileged communication
on the grounds of public policy
(a) under section 123 of Evidence Act
(b) under section 124 of Evidence Act
(c) under section 125 of Evidence Act
(d) under section 126 of Evidence Act.

210. Documents in respect of which privilege has been provided under section 123 of
Evidence Act.
(a) is a published official record
(b) is an unpublished official record
(c) both (a)&(b)
(d) either (a) or (b).

211. In deciding whether the document falls in the category of ‘unpublished official
record’ the court
(a) has the jurisdiction to inspect the documents itself
(b) the court is banned from inspecting the document
(c) the court can compel the production of the document for inspection
(d) both (a) & (c) are correct. -

212. Section 124 of Evidence Act provides for privileged in respect of

(a) professional communications
(b) official communications
(c) communications as to information of commission of offence
(d) none of the above.

213. For protection under section 124 of Evidence Act, the communication is to be made
(a) to a public officer in official confidence
(b) to a public officer as a routine matter
(c) to a public officer as an ordinary cause of his duties
(d) either (a) or (b) or (c).
214. The professional privilege under section 126 of Evidence Act is available in respect
of communication made
(a) for the purposes of professional employment
(b) the cause of employment
(c) both (a) & (b)
(d) neither (a) nor (b).

 
 

215. Legal advisor

(a) I can disclose the communication after his clients death
(b) f can disclose the communication after the relation with his client has ended
(c) cannot disclose the communication even when the relation is ended or the client has died
(d) both (a) 8: (b) are correct.

216. The protection under section 126 of Evidence Act extends to

(a) communication made in furtherance of any illegal design
(b) any fact observed showing the communication of any offence or fraud committed since
commencement of employment
(c) both (a) & (b)
(d) neither (a) nor (b).

217. An accomplice is a competent witness

(a) under section 118 of Evidence Act
(b) under section 119 of Evidence Act
(c) under section 133 of Evidence Act
(d) under section 132 of Evidence Act.

218. An accomplice is a person

(a) who participates in the commission of the crime for which the accused has been charged
(b) who is a prefended confederate
(c) who is an informer
(d) all the above both (a) 8: (b).

219. Testimony of an accomplice before it is accepted &: acted upon

(a) must be corroborated from the testimony of another accomplice
(b) must be corroborated from an independent source
(c) need not be corroborated at all
(d) either (a) or (c).

220. Question as to admissibility of evidence

(a) should be decided as they arise
(b) should be reserved until judgment
(c) may be decided as they arise or may be reserved until judgment
(d) either (b) or (c).

221. Examination in chief of a witness

(a) shall be by the party calling the witness
(b) shall be by the adverse party
(c) both (a) & (b)
(d) either (a) -or (b).

222. Re-examination of a witness

(a) shall be by the party calling the witness
(b) shall be by the adverse party

 
 

(c) both (a) & (b)

(d) either (a) or (b).

223. Re-examinati0n of a witness can be done

(a) after examination in chief but before cross-examination
(b) after examination chief and after cross-examination
(c) either (a) or (b)
(d) neither (a) nor (b).

224. Cross-examination of a witness

a) must relate to relevant facts and has to be confined to what the witness testified in examination
in chief
(b) must relate to relevant facts but need not be confined to what the witness testified in
examination in chief
c) may not relate to relevant facts but must relate to what the witness testified in examination in
chief
d) may not relate to relevant facts & may not be confined to what the witness testified in
examination in chief.

225. Re-examination of a witness

(a) can be for the purposes of filling what is left-over in examination in chief
(b) can be for the purposes of explaining the matters referred to in cross-examination
(c) can be for the purposes of explaining the matters referred to in the examination in chief
d) all the above.

226. After re-examination of a witness, the adverse party has a

a) right to further cross-examine the witness afresh in general
b) has no right to further cross examine the witness
c) right to further cross-examine the witness only when a new matter is introduced in the re-
examination
d) either (a) or (b).

227. During re-examination of a witness

(a) a new matter can be introduced as a matter of right generally
(b) a new matter can be introduced only with the permission of the court
(c) no new matter can be introduced at all
(d) either (a) or (c).

228. A co-defendant in a case

(a) cannot be cross-examined by another co- defendant under any circumstance
(b) can be cross-examined by another co-defendant if their interests are identical
(c) can be cross-examined by another co-defendant when their interests adverse to each other
(d) can be cross-examined by another co-defendant as a matter of right.

229. It Cross-examination of a witness 229. Leading questions can be asked during

(a) examination in chief

 
 

(b) cross-examination
(c) re-examination
(d) all the above.

230. Court can permit leading questions during examination in chief or re-examination
(a) if they refer to the matters which are introductory
(b) if they refer to the matters which are undisputed
(c) if they refer to the matter which are sufficiently proved
(d) if they refer to either (a) or (b) or (c).

231. A leading question has been defined as a question suggesting the answer which the
person putting it wishes or expects to receive, under
(a) section 140 of Evidence Act
(b) section 141 of Evidence Act
(c) section 142 of Evidence Act
(d) section 143 of Evidence Act.

232. During examination in chief or re- examination

(a) leading questions cannot be asked under any circumstances
(b) leading questions on certain matters can be asked without the permission of the court, as a
matter of right
(c) leading question on certain matter can be asked only with the permission of the court
(d) only (a) and not (b) or (c).

233. Under section 145 of Evidence Act, a witness may be cross-examined as to previous
statement in writing
(a) without proving the same and without showing the same to the witness
(b) only after proving the same, may be without showing the same to the witness
(c) without proving the same but only after showing the same to the witness
(d) only after proving the same & showing the same to the witness.

234. Under section 145 of Evidence Act, a witness may be contradicted as to previous
statement in writing
(a) without proving the same and without showing the same to the witness
(b) without proving the same but only after showing the same to the witness
(c) after proving the same may be before showing the same to the witness
(d) after proving the same & showing the same to the witness.

235. Objections as to the admissibility of a document in evidence

(a) can be made at any state during the trial
(b) can be made at the first opportunity when the document is tendered in evidence
(c) can be raised for the first time in appeal
(d) all the above.

236. A party/person who calls the witness can be permitted to cross-examine the witness
so called by him, as provided

 
 

(a) under section 152 of Evidence Act

(b) under section 153 of Evidence Act
(c) under section 154 of Evidence Act
(d) under section 155 of Evidence Act.

237. Section 162 of Cr PC

(a) controls section 157 of Evidence Act
(b) controls section 156 of Evidence Act
(c) both (a) & (b)
(d) neither (a) nor (b).

238. Court questions can be put by virtue of

(a) section 164 of Evidence Act
(b) section 165 of Evidence Act
(c) section 166 of Evidence Act
(d) section 167 of Evidence Act.

239. Court question under section 165 of Evidence Act can be put to
(a) any witness
(b) any party
(c) both (a) & (b)
(d) neither (a) nor (b).

240. To an answer to a court question, the adverse party

(a) has a right to cross-examination as a matter of right
(b) has a right to cross-examine only with the permission of the court
(c) has no right to cross-examine the witness
(d) either (a) or (c).

241. The right to cross-examine on an answer to court question is available

(a) to the adverse party only
(b) to the party calling the witness only
(c) to either of the parties if the answer is adverse to either of the parties
(d) only (a) and not (b).

242. Under section 41 of Evidence Act the presumption is with respect to

(a) judgments in rem when they are inter- parts
(b) judgment in rem whether such judgments are inter-partes or not
(c) judgments in personam
(d) all the above.

243. The presumption under section 41 of Evidence Act is a

(a) "presumption of fact
(b) rebuttable presumption of law
(c) irrebuttable presumption of law .
(d) presumption of fact & law.

 
 

244. Delhi High Court issued guidelines for the protection of witness in
(a) Neelam Katara case (2003)
(b) Naina Sahni case (2007)
(c) llphaar Cinema case (2005)
(d) Parliament attack case (2006).

245. Though the contempt proceedings are judicial proceedings, the strict rules of
evidence contained in the Evidence Act do not apply to proceedings under the
Contempt of Courts Act because
(a) of summary nature of inquiry
(b) contempt matters are governed by special Acts
(c) contempt of courts does not require enquiry and the investigation
(d) contempt proceedings are tried in higher judiciary.

246. Where there are three different dying declarations, Higher Court is
(a) not to uphold the conviction awarded by lower court
(b) to uphold the conviction awarded by lower court
(c) to go through the circumstantial evidence to uphold the conviction awarded by lower court
(d) to rely upon the versions of witnesses to uphold the conviction awarded by lower court.

247. Zahira Sheikh was prime witness in

(a) Best Bakery case (2004)
(b) Best Bakery retrial case (2006) '
(c) Sukh Ram disproportionate assets case (2005)
(d) Gujjar killings case (2003).

248. "Relationship is not a factor to affect credibility of a witness" held by the Supreme
Court in
(a) S. Sudershan Reddy v. State of Andhra Pradesh, AIR 2006 SC 2716
(b) S]/ed Ibrahim v. State of Andhra Pradesh, AIR 2004 SC 2596
(c) Renuka Bai v. State of Maharashtra, AIR 2006 SC 3056
(d) Minu Kumari v. State of Bihar, AIR 2006 SC 150.

249. In which case the Supreme Court held that material evidence and not the number of
witnesses has to be taken note to ascertain the truth of the allegations made
(a) Surendra Prasad Tiwari v. State of Uttar Pradesh, AIR 2005 SC 125
(b) Syed Ibrahim v. State of Andhnz Pradesh, AIR 2006 SC 2908
(c) Rajinder v. State of Haryana, AIR 2006 SC 21
(d) Iagdish Murav v. State of Llttar Pradesh, AIR 2007 SC 35

250. Dying declaration can be sole basis of conviction if it inspires full confidence of the
court. The court should be satisfied
(a) that deceased was in a fit state of mind at the time of making the statement
(b) that it was not the result of tutoring, prompting or product of imagination
(c) that deceased was not in a fit state of mind at the time of making the statement

 
 

(d) both (a) & (b)

251. Examination of witnesses in criminal cases through video conferencing is

(a) permissible
(b) impermissible
(c) permissible at the option of the witness
(d) permissible at the option of the accused.

252. Which confession needs a closer scrutin

(a) confession made to officers under NDPS Act
(b) confession made to private citizens
(c) confession made to officials who do not have investigation powers under NDPS Act
(d) when confessional statement found voluntary and free from pressure

253. For taking the dying declaration from the deceased, the presence of Magistrate is
260
(a) mandatory
(b) not mandatory
(c) required at the request of the police
(d) required at the request of the relative of the deceased

254. The evidence unearthed by the sniffer dog falls under

(a) ‘oral evidence
(b) documentary evidence
(c) hearsay evidence
(d) scientific evidence

255. It is a well-settled law that the rule of prudence requires that the evidence of an
accomplice should ordinarily be corroborated by some other evidence. It was held by
Supreme Court in
(a) Francis Stanly v. Intelligence Officer, AIR 2007 SC 794
(b) Youaraj Rai v. Clzander Balzadur Karki, AIR 2007 SC 561
(c) Kamla Devi v. Khushal Kanwar, AIR 2007 SC 663
(d) Bablu v. State of Rajastlzan, AIR 2006 SC 115

256. The possession or ownership of property of the grand father of defendant on the
basis of documents 30 years old can
(a) be proved
(b) not to be proved
(c) be proved at the option of plaintiff
(d) be proved at the option of defendant

257. An accused can be convicted on the basis of his extra judicial confession only if it is
made before
(a) a credible person
(b) a police officer

 
 

(c) a Magistrate
(d) none of these.

258. Falsus in un0,falsus in omni bus is

(a) a rule of evidence
(b) a rule of criminal law
(c) a rule of evidence in criminal trial
(d) not a rule of evidence in criminal trial.

259. Photostat copy of family settlement is allowed to be produced before court as

(a) primary evidence
(b) secondary evidence
(c) electronic evidence
(d) original evidence.

260. A judgment in an election petition is not one of the judgments specifically

recognised by
(a) section 41 of the Evidence Act
(b) section 42 of the Evidence Act
(c) section 56 of the Evidence Act
(d) section 57 of the Evidence Act

261. Which section of the Indian Evidence Act was amended by the Criminal Law
(Amendment) Act, 2005
(a) section 154
(b) section 118
(c) section 32
(d) section 90A

262. What essential change was made in section 154 of the Indian Evidence Act, 1872
vide Criminal Law (Amendment) Act, 2005'?
(a) two statements sought to be contradicted in addition should be drawn to previous
statement
(b) the party is entitled to rely on any part of the evidence of the witness to whom he has
called to put any question to him, which might be put in cross-examination by the adverse
party
(c) corroborating a witness by questioning him on surrounding circumstances
(d) former statement of witness may be proved to corroborate later testimony as to same fact.

263. A confession to be inadmissible under section 25 of the Evidence Act

(a) must relate to the same crime for which offender is charged
(b) may relate to the same crime‘f0r which offender is charged
(c) must relate to another crime
(d) none of the above.

 
 

264. The provision ”hostile witness" is provided under section ...... ..of Indian Evidence
Act
(a) section 155
(b) section 133
(c) section 154
(d) section 145.

265. In which of the following cases Supreme Court held that "Test identification parade
is only an aid to investigation. The practice is not born out of prudence"?

(a) Siddharth Vashist @ Manu Shzzrma v. State (NCT of Delhi), AIR 2010 SC 2352
(b) Shivaji v. Nagendra, AIR 2010 SC 2261
(c) S. Iaiswal v. Alok, AIR 2010 (NOC) 805
(d) Sujata v. S.K. Behem, AIR 2010 (NOC) 812.

 
 
ANSWERS
THE INDIAN EVIDENCE ACT, 1872
1  (b)  39  (c)  77  (a)  115 (b)  153 (d) 191 (c)  229  (b) 
2  (b)  40  (c)  78  (c)  116 (d)  154 (c)  192 (a)  230  (d) 
3  (c)  41  (b)  79  (c)  117 (b)  155 (b) 193 (a)  231  (b) 
4  (c)  42  (a)  80  (a)  118 (b)  156 (a)  194 (d)  232  (c) 
5  (a)  43  (b)  81  (d)  119 (c)  157 (a)  195 (c)  233  (a) 
6  (d)  44  (a)  82  (b)  120 (b)  158 (b) 196 (b)  234  (b) 
7  (c)  45  (a)  83  (c)  121 (d)  159 (a)  197 (c)  235  (b) 
8  (b)  46  (c)  84  (a)  122 (a)  160 (d) 198 (b)  236  (c) 
9  (b)  47  (c)  85  (a)  123 (a)  161 (b) 199 (d)  237  (a) 
10  (c)  48  (a)  86  (c)  124 (c)  162 (a)  200 (a)  238  (b) 
11  (c)  49  (c)  87  (b)  125 (c)  163 (b) 201 (c)  239  (c) 
12  (b)  50  (b)  88  (c)  126 (a)  164 (c)  202 (a)  240  (b) 
13  (c)  51  (d)  89  (d)  127 (a)  165 (c)  203 (a)  241  (c) 
14  (d)  52  (d)  90  (b)  128 (a)  166 (d) 204 (c)  242  (b) 
15  (b)  53  (c)  91  (c)  129 (d)  167 (c)  205 (d)  243  (c) 
16  (b)  54  (d)  92  (b)  130 (c)  168 (c)  206 (b)  244  (a) 
17  (c)  55  (c)  93  (c)  131 (b)  169 (c)  207 (b)  245  (a) 
18  (b)  56  (c)  94  (d)  132 (d)  170 (b) 208 (a)  246  (a) 
19  (a)  57  (b)  95  (a)  133 (a)  171 (a)  209 (a)  247  (b) 
20  (a)  58  (a)  96  (b)  134 (d)  172 (a)  210 (b)  248  (a) 
21  (b)  59  (d)  97  (b)  135 ((a)) 173 (b) 211 (b)  249  (b) 
22  (d)  60  (b)  98  (c)  136 (b)  174 (c)  212 (b)  250  (d) 
23  (b)  61  (c)  99  (b)  137 (a)  175 (b) 213 (a)  251  (a) 
24  (c)  62  (d)  100  (a)  138 (a)  176 (a)  214 (c)  252  (a) 
25  (b)  63  (c)  101  (b)  139 (c)  177 (c)  215 (c)  253  (b) 
26  (c)  64  (b)  102  (c)  140 (a)  178 (d) 216 (d)  254  (d) 
27  (d)  65  (c)  103  (c)  141 (b)  179 (a)  217 (c)  255  (a) 
28  (c)  66  (d)  104  (a)  142 (a)  180 (c)  218 (a)  256  (a) 
29  (b)  67  (a)  105  (c)  143 (a)  181 (d) 219 (b)  257  (a) 
30  (c)  68  (c)  106  (b)  144 (c)  182 (a)  220 (a)  258  (d) 
31  (a)  69  (b)  107  (a)  145 (c)  183 (d) 221 (a)  259  (b) 
32  (c)  70  (b)  108  (b)  146 (a)  184 (c)  222 (a)  260  (a) 
33  (c)  71  (a)  109  (a)  147 (a)  185 (c)  223 (b)  261  (a) 
34  (d)  72  (c)  110  (d)  148 (d)  186 (d) 224 (b)  262  (b) 
35  (d)  73  (a)  111  (c)  149 (c)  187 (a)  225 (b)  263  (b) 
36  (c)  74  (a)  112  (c)  150 (a)  188 (d) 226 (c)  264  (c) 
37  (b)  75  (b)  113  (a)  151 (b)  189 (a)  227 (b)  265  (a) 
38  (d)  76  (d)  114  (c)  152 (a)  190 (a)  228 (c)       
The answers are suggestive. Kindly verify from the basic documents, statutes,
judgments, gazette notifications or recommended text books to remove any doubt
or clearance.
 
Judicial Services India
Multiple Choice Questions on Indian Evidence Act

1. Generally dying declarations are admissible as evidence under-

A. Section 20 of the Indian Evidence Act, 1872
B. Section 25 of the Indian Evidence Act, 1872
C. Section 32 of the Indian Evidence Act, 1872
D. Section 35 of the Indian Evidence Act, 1872
Ans. C
2. Which of the following statements hold true for dying declarations?
A. Dying declarations cannot be used as a sole basis of conviction
B. Dying declarations unless corroborated cannot be used as sole basis of conviction
C. Dying declaration which is brief must be discarded
D. When eyewitness affirms that the deceased was not in a fit state to make the
declaration, medical opinion cannot prevail
Ans. D
3. In which of the following cases the evidence given by the witness will NOT
be relevant under section 33 of the Indian Evidence Act, 1872?
A. When the witness is staying abroad
B. When the witness is dead
C. When witness cannot be found
D. When the witness is in coma
Ans. A
4. 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
Ans. C
5. A party wants to set aside a judgement under section 44 of the Indian
Evidence Act, 1872. In which of the following circumstances can he do so?
A. In case the judgement was passed by a superior Court
B. In case the person challenging is a stranger to the proceedings
C. In case the judgement was a result of gross negligence
D. All of these
Ans. A
6. According to section 61 of the Indian Evidence Act, 1872 –
A. The contents of documents must be proved by primary evidence
B. The contents of documents must be proved by secondary evidence
C. The contents of documents must be proved by both primary and secondary evidence
D. The contents of documents must be proved either by primary or secondary evidence
Ans. D
7. Definition of secondary evidence has been given under _________ of the
Indian Evidence Act, 1872?
A. Section 61
B. Section 62
C. Section 63
D. Section 64
Ans. C
8. B, an accused wants to submit carbon copy of the suicide note as
secondary evidence. The original is with the opposite party and he has
failed to produce the same. The suicide was not within the knowledge of the
accused prior to the receipt of carbon copy. Which of the following
statements will hold true for the case?
A. The evidence cannot be admitted due to applicability of section 30 of the Indian
Evidence Act
B. The evidence cannot be admitted because it fails to satisfy the requirements of section
64 of the Indian Evidence Act, 1872
C. The evidence cannot be admitted because it fails to satisfy the requirements of section
65 of the Indian Evidence Act, 1872
D. The evidence can be admitted as it satisfies the requirements of both section 64 and
section 65 of the Indian Evidence Act, 1872
Ans. D
9. According to section 65 of the Indian Evidence Act, 1872 the secondary
evidence can be admitted in ________ exceptional cases.
A. Three
B. Five
C. Seven
D. Nine
Ans. C
10. Which of the following sections of the Indian Evidence Act, 1872 gives
provisions regarding proof as to electronic signatures?
A. Section 67
B. Section 67A
C. Section 67B
D. Section 67C
Ans. B
11. Which of the following section of the Indian Evidence Act deals with
proof of other official documents?
A. Section 78
B. Section 82
C. Section 71
D. Section 74
Ans. A
12. Which of the following section of the Indian Evidence Act, 1872 has been
amended by the Criminal Law (Amendment) Act, 2013?
A. Section 32
B. Section 55
C. Section 119
D. Section 124
Ans. C
13. Which of the following statements hold true for section 154 of the Indian
Evidence Act, 1872?
A. The Court is bound to give leave if the requirements are met
B. The witness must be declared hostile before making a plea under this section
C. The Court can give the leave under this section suo motu
D. All of these
Ans. C
14. Which of the following questions is proper under section 148 of the
Indian Evidence Act, 1872?
A. If the imputation refers to matters remote in time
B. If the imputation refers to such matters that its truth does not affect the credibility of
the witness
C. If they are of such nature that the truth of the imputations touches the credibility of
the witness
D. If there is great disproportion between the importance of the imputation and the
importance of the evidence
Ans. C
15. During the cross examination of the witness as to previous statements
made before the police almost all contradictions or omissions were brought
on record, which were portions from the statements made before the police
that were not deposed before the court. Which of the following statements
will apply to the case?
A. The credibility of the witness has been impeached under section 148 of the Indian
Evidence Act, 1872
B. The credibility of the witness has been impeached under section 145 of the Indian
Evidence Act, 1872
C. The credibility of the witness has not been impeached because the contradictions
were not as contemplated under section 145 of the Indian Evidence Act, 1872
D. The credibility of the witness has not been impeached because the protection under
section 154 of the Indian Evidence Act, 1872 will apply
Ans. C
16. A person summoned to produce a document-
A. Does not become a witness in the case unless he is called as a witness
B. Automatically becomes a witness in the case
C. Automatically becomes an hostile witness in the case
D. Can be cross examined without being called as a witness
Ans. A
17. 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
Ans. B
18. _________________ section of the Indian Evidence Act, 1872 was
inserted by the Criminal law (Amendment) Act, 2013.
A. Section 53
B. Section 53 A
C. Section 119
D. Section 119A
Ans. B
19. An admission is NOT relevant in a civil case if it is-
A. Relevant otherwise than as an admission
B. Proceeding from a person in authority
C. Made under circumstances from which the court can infer that the parties agreed
together that evidence of it should not be given
D. Made by a pleader, attorney or a vakil
Ans. C
20. Opinions of an expert expressed in a book commonly offered for sale
CANNOT be proved by the production of such book-
A. If the author is dead
B. It the author cannot be found
C. If the author has become incapable of giving evidence
D. If the author has gone abroad on vacation
Ans. D
21. Which of the following section of the Indian Evidence Act does not apply
to interrogations by a Customs Officer exercising power under Section 171 -
A of the Sea Customs Act?
A. Section 131
B. Section 132
C. Section 133
D. Section 134
Ans. B
22. Which of the following section prescribe the method by which signature
can be proved?
A. Section 45, Indian Evidence Act
B. Section 46, Indian Evidence Act
C. Section 47, Indian Evidence Act
D. both (A) and (B)
Ans. D
23. Which of the following is true of the effects of admissions?
A. an admission constitutes a substantive piece of evidence in the case and, for that
reason, can be relied upon for proving the truth of the facts incorporated therein
B. an admission has the effect of shifting the onus of proving to the contrary on the party
against whom it is produced, with the result that it casts an imperative duty on such
party to explain it. In the absence of a satisfactory explanation, it is presumed to true
C. an admission, in order to be competent and to have the value and effect referred to
above should be clear, certain and definite, and not ambiguous, vague to be true
D. all of them
Ans. D
24. An attesting witness is:
A. one who signs his name to an instrument, at the request of the party or parties, for
the purposes of proving or identifying it
B. a witness who has attested the document
C. both (A) and (B)
D. none of them
Ans. C
25. A intentionally and falsely leads B to believe that certain land belongs to
A, and thereby induces B to buy and pay for it. The land afterwards becomes
the property of A, and A seeks to set aside the sale on the ground that, at the
time of the sale, he had no title. Applying Section 115, Indian Evidence Act:
A. He must be allowed to prove his want of title
B. He may be allowed to prove his want of title
C. He must not be allowed to prove his want of title
D. none of them
Ans. C
26. Admissible evidence is thus that which is:
A. relevant
B. not excluded by any rule of law or practice
C. either (A) or (B)
D. both (A) and (B)
Ans. D
27. A is accused of a crime committed by him at Calcutta. He produces a
letter written by himself and dated at Lahore on that day, and bearing the
Lahore post-mark of that day. Applying Section 21, Indian Evidence Act,
which of the following is possible?
A. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 27, clauses (2)
B. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 29, clauses (2)
C. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 32, clauses (2)
D. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 34, clauses (2)
Ans. C
28. A is tired for a riot and is proved to have marched at the head of a mob.
Applying Section 9, Indian Evidence Act:
A. The cries of the mob are irrelevant as it does not explain the nature of the transaction
B. The cries of the mob are relevant as explanatory of the nature of the transaction
C. either (A) or (B)
D. none of them
Ans. B
29. A, a sculptor, agrees to sell to B, “all my mods.” A has both models and
modelling tools. Applying Section 98, Indian Evidence Act:
A. evidence cannot be given to show which he meant to sell
B. evidence needed not be given to show which he meant to sell
C. evidence may be given to show which he meant to sell
D. none of them
Ans. C
30. Entry in the Monzawari Register is admissible under:
A. Section 32, Indian Evidence Act
B. Section 35, Indian Evidence Act
C. Section 37, Indian Evidence Act
D. Section 39, Indian Evidence Act
Ans. B
31. In criminal cases under Section 54, Indian Evidence Act to prove that
the defendant committed the crime charged, evidence may not be given that
he:
A. bore a bad reputation in the community
B. has a disposition to commit crime of that kind
C. had no other occasions committed particular acts of the same class evincing such
disposition
D. all of them
Ans. D
32. In which of the following cases did the court held that a party who
produces witnesses in court produces them as witnesses of truth; and
simply because portions of their statements are not favourable to the party
producing them, they cannot be condemned as biased witnesses?
A. Gyasuddin Khan v. State of Bihar, AIR 2004 SC 201, para 12 : 2004 CrLJ 395
B. Lekhraj v. State of Gujarat, AIR 1998 SC 242 : 1998 CrLJ 396.
C. Gulabchand Ganbhiramal v. Kudilal Govindram, AIR 1959 MP 151 : 1961 CrLJ 55
(FB).
D. Siddiqua v. Narcotics Control Bureau, 2007 CrLJ 1471, 1480 (para 17) (Del).
Ans. C
33. In which of the following proceeding of domestic tribunals and
departmental enquiries, the Indian Evidence Act is not applicable?
A. officers conducting departmental inquiries
B. departmental proceedings
C. disciplinary proceedings tribunal
D. all of them
Ans. D
34. Proviso 1 to Section 33, Indian Evidence Act, not only covers cases of
privity in estate and succession of title, but also cases where which of the
following condition is met?
A. the interest of the relevant party in the second proceeding is the subject matter of the
first proceeding and is consistent with and not antagonistic to the interest therein of the
relevant party to the first proceeding
B. the interest of both in the answer to be given to the particular question in issue in the
first proceeding is identical
C. either (A) or (B)
D. both (A) and (B)
Ans. D
35. Relevancy of facts forming part of same transaction is dealt under which
of the following section of the Indian Evidence Act?
A. Section 4
B. Section 6
C. Section 10
D. Section 8
Ans. B
36. Section 132 of the Indian Evidence Act does not apply to a statement
made by a person during an investigation under:
A. Section 159 Cr. P.C
B. Section 161 Cr. P.C
C. Section 163 Cr. P.C
D. Section 166 Cr. P.C
Ans. B
37. Section 31, Indian Evidence Act declares:
A. that admissions are not conclusive proof of the matters admitted, but they may
operate as estoppels
B. Unless admissions are contractual or unless they constitute estoppels they are not
conclusive, but are open rebuttal or explanation.
C. either (A) or (B)
D. both (A) and (B)
Ans. D
38. Section 65, Indian Evidence Act with which of the following situation
under which secondary evidence can be given?
A. when the original is shown or appears to be in possession and power of the person
against whom the document is sought to be proved
B. when it is in possession or power of any person who is out of reach, or not subject to
the process of the Court
C. when it is in the possession of any person legally bound to produce it, but he fails to
produce it after the notice mentioned in Section 66, Indian Evidence Act is given to him
D. all of them
Ans. D
39. The defence of alibi is best because:
A. if the accused was not there, when the deceased was murdered, he could not have
murdered her
B. once the pleas of alibi is raised no other defence is open to the prosecution
C. it leaves room for no other defence for the accused
D. none of them
Ans. A
40. An estate called “the Rampur Tea Estate” is sold by a deed which
contains a map of the property sold. Applying Section 92, Indian Evidence
Act:
A. the fact that land not included in the map had always been regarded as part of the
estate and was meant to pass by the deed need not be proved
B. the fact that land not included in the map had always been regarded as part of the
estate and was meant to pass by the deed is irrelevant
C. the fact that land not included in the map had always been regarded as part of the
estate and was meant to pass by the deed cannot be proved
D. none of them
Ans. C
41. Which of the following is the way to assess damage under Section 12,
Indian Evidence Act?
I. the damage suffered should be near as possible to the sum which will put the injured
party in the same position as he would have been if he had not sustained the wrong for
which he was awarded damages or compensation
II. damages are usually assessed on the basis of actual loss suffered and are called
general or ordinary damages
III. where the plaintiff has not suffered any real damages by reason of breach of
contract, normally, nominal damages are awarded
IV. special damages can be awarded for personal inconveniences or physical dis-comfort
caused by the other party
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. all of them
Ans. D
42. The history sheet of an accused person, kept in the police station is not a
man’s character, as it is based on:
A. conviction
B. hearsay
C. investigation
D. none of them
Ans. B
43. 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
Ans. A
44. The principles of Section 44, Indian Evidence Act cannot be extended to
which of the following?
A. misrepresentation or undue influence
B. fraud
C. collision
D. all of them
Ans. A
45. 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
46. The question is, whether A poisoned B. Applying Section 6, Indian
Evidence Act which of the following facts can be relevant?
A. marks on the ground produced by a struggle at or near the place where the murder
was committed
B. the state of B’s health before the symptoms ascribed to poison, and habits of B,
known to A, which afforded an opportunity for the administration of poison
C. the facts that shortly before the poisoning, B went to a fair with money in possession,
and that he showed it or mentioned the fact that he had it, to third persons
D. none of them
Ans. B
47. To invoke the doctrine of estoppel which of the following condition must
be satisfied?
A. representation by a person to another
B. the other shall have acted upon the said representation
C. such person shall have been detrimental to the interest of the person to whom the
representation has been made
D. all of them
Ans. D
48. What do you understand by admission of execution?
A. it means only admission of signature
B. it means only valid attestation of the signature by two witnesses as required by law
C. both (A) and (B)
D. none of them
Ans. D
49. Under Section 82, Indian Evidence Act the Court must presume:
A. that the seal or stamp or signature is genuine
B. that the person signing the document held, at the time when he signed, the judicial or
official character he claims
C. both (A) and (B)
D. none of them
Ans. C
50. What do you understand by libellous character?
A. constituting or containing a libel
B. constituting or containing a praise
C. constituting or containing a commendation
D. none of them
Ans. A
51. A dying declaration to be admissible:
(a) must be made before a Magistrate
(b) must be made before the police officer
(c) may be made before a doctor or a private person
(d) may be made either before a magistrate or a police officer or a doctor or a private
person.
Ans. (d)
52. Declaration in course of business are admissible:
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
Ans. (b)
53. Declaration as to custom are admissible:
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
Ans. (c)
54. Under section 32(4) of Evidence Act, the declaration:
(a) as to public rights & customs are admissible
(b) as to private rights & customs are admissible
(c) as to both public and private rights and customs are admissible
(d) only as to customs are admissible.
Ans. (a)
55. Opinions of experts are relevant:
(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.
Ans. (a)
56. Under section 45 of Evidence Act, the opinion of expert can be for:
(a) identity of hand writing
(b) identity of finger impression
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
57. Under section 45 of Evidence Act the opinion of expert can be on the
question of:
(a) Indian law
(b) Foreign law
(c) both (a) & (b)
(d) only (a) & not (b).
Ans. (b)
58. Opinion of an expert under section 45 of Evidence Act:
(a) is a conclusive proof
(b) is not a conclusive proof
(c) is supportive & corroborative in nature
(d) either (a) or (c).
Ans. (c)
59. A disputed handwriting can be proved:
(a) by calling an expert
(b) by examining a person acquainted with the handwriting of the writer of the
questioned document
(c) by comparison of the two-admitted & disputed handwritings
(d) all the above.
Ans. (d)
60. The res inter alia acta is receivable:
(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.
Ans. (b)
61. Entries in the books of accounts regularly kept in the course of business
are admissible under section 34 of Evidence Act:
(a) if they by themselves create a liability
(b) if they by themselves do not create a liability
(c) irrespective of whether they themselves create a liability or not
(d) either (a) or (b).
Ans. (c)
62. When the court has to ascertain the relationship between one person
and another, the opinion of any person having special means of knowledge
and expressed by conduct is admissible:
(a) under section 51 of Evidence Act
(b) under section 50 of Evidence Act
(c) under section 52 of Evidence Act
(d) under section 49 of Evidence Act.
Ans. (b)
63. The relationship in section 50 of Evidence Act means:
(a) relationship by blood only
(b) relationship by blood or marriage
(c) relationship by blood or marriage or adoption
(d) only (a) and not (b) & (c).
Ans. (c)
64. Opinion as to relationship of marriage under section 50 of CPC:
(a) is admissible in cases of offences against marriage
(b) is admissible in proceedings under Indian Divorce Act
(c) is admissible both in (a) & (b)
(d) is neither admissible in cases of offences against marriage nor in proceedings under
Indian Divorce Act
Ans. (d)
65. Propositions under Evidence Act are:
I. In civil cases, character evidence is inadmissible unless the character of a party is a
fact in issue. II. In criminal cases, the evidence of good character is admissible generally.
III. In criminal proceedings, evidence of bad character is inadmissible unless the same is
a fact in issue.
IV. In criminal proceedings evidence of bad character is admissible when evidence of
good character has been given.
In relation to the above propositions which of the following is correct
statement:
(a) all the four (I, II, III & IV) are correct
(b) I, II & III are correct but IV is incorrect
(c) I & II are correct but III & IV are incorrect
(d) I & III are correct but II & IV are incorrect
(e) I, II & IV are correct but III is incorrect
(f) II, III & IV are correct but I is incorrect.
Ans. (a)
66. Facts of which the judicial notice is to be taken are stated in:
(a) section 56 of Evidence Act
(b) section 57 of Evidence Act
(c) section 58 of Evidence Act
(d) section 55 of Evidence Act.
Ans. (b)
67. List of facts of which the judicial notice has to be taken under section 57
of Evidence Act:
(a) is exhaustive
(b) is illustrative only
(c) is both (a) & (b)
(d) is neither (a) nor (b).
Ans. (b)
68. Facts which need not be proved by the parties include:
(a) facts of which judicial notice has to be taken
(b) facts which have been admitted by the parties at or before the hearing
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
69. The court may in its discretion call for proving the facts:
(a) of which judicial notice has to be taken
(b) which have been admitted otherwise than such admissions
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (b)
70. Oral evidence under section 60 of Evidence Act may be:
(a) direct only
(b) hearsay
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (a)
71. Contents of a document under section 59 of Evidence Act:
(a) can be proved by oral evidence
(b) cannot be proved by oral evidence
(c) may or may not be proved by oral evidence
(d) can only be proved by oral evidence under the order of the court.
Ans. (b)
72. Contents of a document may be proved under section 61 of Evidence Act:
(a) by primary evidence
(b) by secondary evidence
(c) either by primary or by secondary evidence
(d) only by primary evidence & not by secondary evidence.
Ans. (c)
73. Secondary evidence of a document means:
(a) copies of that document
(b) oral account of the contents of the documents
(c) both (a) & (b)
(d) only (a) & not (b).
Ans. (c)
74. Secondary evidence of a document is admissible as a substitute for:
(a) admissible primary evidence
(b) inadmissible primary evidence under certain circumstances
(c) inadmissible primary evidence under all the circumstances
(d) both (a) & (b) are correct.
Ans. (a)
75. The circumstances under which the secondary evidence is admissible
have been enumerated in:
(a) section 63 of Evidence Act
(b) section 64 of Evidence Act
(c) section 65 of Evidence Act
(d) section 66 of Evidence Act.
Ans. (c)
76. Secondary evidence is admissible:
(a) where the non-production of primary evidence has not been accounted for
(b) where the non-production of primary evidence has been accounted for
(c) irrespective of whether the non-production of primary evidence has been accounted
for or not
(d) both (a) & (c) are correct.
Ans. (b)
77. Oral account of the contents of a document is admissible:
(a) when given by a person who has seen & read the document
(b) when given by a person who has seen but not read the document
(c) when given by a person to whom the document was read over
(d) when given by any of the above.
Ans. (a)
78. A document required by law to be attested can be proved under section
68 of Evidence Act only:
(a) by calling both the attesting witnesse
(b) by calling at least one of the attesting witnesses
(c) by calling none of the attesting witnesses but by calling some other person who has
the knowledge of the contents
(d) all of the above are correct.
Ans. (b)
79. The calling of at least one attesting witness to prove a document under
section 68 is not necessary:
(a) when the document other than a will is registered under the Indian Registration Act,
1908
(b) when the document including Will is registered under the Indian Registration Act,
1908
(c) when the document irrespective of whether it is a Will, is registered under the Indian
Registration Act, 1908
(d) both (b) & (c) are correct.
Ans. (a)
80. A will is required to be proved by calling at least one attesting witness:
(a) when it is registered
(b) when it is unregistered
(c) when it is admitted
(d) all of the above.
Ans. (d)
81. Public documents are mentioned in:
(a) section 72 of Evidence Act
(b) section 73 of Evidence Act
(c) section 74 of Evidence Act
(d) section 75 of Evidence Act.
Ans. (c)
82. Documents which are not covered under section 74 of Evidence Act are
called:
(a) semi-public documents
(b) quasi-public documents
(c) private documents
(d) all the above.
Ans. (c)
83. Maxim ‘omnia proesumuntur rite esse acta’ means:
(a) all acts are presumed to be rightly done
(b) all acts are presumed to be not rightly done
(c) all acts are presumed to be wrongly done
(d) all acts are presumed to be not wrongly done.
Ans. (a)
84. Admissibility of electronic record has been prescribed under:
(a) section 65 of Evidence Act
(b) section 65A of Evidence Act
(c) section 65B of Evidence Act
(d) section 66 of Evidence Act.
Ans. (c)
85. Principle of ‘omnia proesumuntur rite esse acta’ is contained in:
(a) section 78 of Evidence Act
(b) section 79 of Evidence Act
(c) section 80 of Evidence Act
(d) section 81 of Evidence Act.
Ans. (b)
86. Section 79 of Evidence Act applies to:
(a) certificates issued by a Government officer
(b) certified copies issued by a Government officer
(c) other documents duly certified to be genuine by a Government officer
(d) all the above.
Ans. (d)
87. Section 79 of Evidence Act contains:
(a) an irrebuttable presumption of law
(b) a rebuttable presumption of law
(c) a presumption of fact
(d) no presumption either of fact or law.
Ans. (b)
88. Sections 79 to 85 of Evidence Act contain:
(a) presumption of facts
(b) rebuttable presumptions of law
(c) irrebuttable presumption of law
(d) irrebuttable presumptions of facts.
Ans. (b)
89. Presumption as to the accuracy of maps & plans made by the authority
of Government is contained in:
(a) section 81 of Evidence Act
(b) section 82 of Evidence Act
(c) section 83 of Evidence Act
(d) section 84 of Evidence Act.
Ans. (c)
90. Under section 83 of Evidence Act, presumption as to accuracy of maps &
plans can be raised in respect of:
(a) maps & plans made by private persons
(b) maps & plans made by the authority of Government
(c) both (a) & (b) above
(d) only (a) & not (b).
Ans. (b)
91. Which of the following section of the Indian Evidence Act does not apply
to interrogations by a Customs Officer exercising power under Section 171 -
A of the Sea Customs Act?
A. Section 131
B. Section 132
C. Section 133
D. Section 134
Ans: B
92. Which of the following is true of the effects of admissions?
A. An admission constitutes a substantive piece of evidence in the case and, for that
reason, can be relied upon for proving the truth of the facts incorporated therein
B. An admission has the effect of shifting the onus of proving to the contrary on the
party against whom it is produced, with the result that it casts an imperative duty on
such party to explain it. In the absence of a satisfactory explanation, it is presumed to
true
C. An admission, in order to be competent and to have the value and effect referred to
above should be clear, certain and definite, and not ambiguous, vague to be true
D. All of them
Ans: D
93. A intentionally and falsely leads B to believe that certain land belongs to
A, and thereby induces B to buy and pay for it. The land afterwards becomes
the property of A, and A seeks to set aside the sale on the ground that, at the
time of the sale, he had no title. Applying Section 115, Indian Evidence Act:
A. He must be allowed to prove his want of title
B. He may be allowed to prove his want of title
C. He must not be allowed to prove his want of title
D. None of them
Ans: C
94. A is accused of a crime committed by him at Calcutta. He produces a
letter written by himself and dated at Lahore on that day, and bearing the
Lahore post-mark of that day. Applying Section 21, Indian Evidence Act,
which of the following is possible?
A. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 27, clauses (2)
B. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 29, clauses (2)
C. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 32, clauses (2)
D. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 34, clauses (2)
Ans: C
95. A, a sculptor, agrees to sell to B, “all my mods.” A has both models and
modelling tools. Applying Section 98, Indian Evidence Act:
A. Evidence cannot be given to show which he meant to sell
B. Evidence needed not be given to show which he meant to sell
C. Evidence may be given to show which he meant to sell
D. None of them
Ans: C
96. In criminal cases under Section 54, Indian Evidence Act to prove that
the defendant committed the crime charged evidence may not be given that
he:
A. Bore a bad reputation in the community
B. Has a disposition to commit crime of that kind
C. Had no other occasions committed particular acts of the same class evincing such
disposition
D. All of them
Ans: D
97. In which of the following proceeding of domestic tribunals and
departmental enquiries, the Indian Evidence Act is not applicable?
A. Officers conducting departmental inquiries
B. Departmental proceedings
C. Disciplinary proceedings tribunal
D. All of them
Ans: D
98. Relevancy of facts forming part of same transaction is dealt under
which of the following section of the Indian Evidence Act?
A. Section 4
B. Section 6
C. Section 10
D. Section 8
Ans: B
99. Section 31, Indian Evidence Act declares:
A. That admissions are not conclusive proof of the matters admitted, but they may
operate as estoppels
B. Unless admissions are contractual or unless they constitute estoppels they are not
conclusive, but are open rebuttal or explanation.
C. Either (A) or (B)
D. Both (A) and (B)
Ans: D
100. The defence of alibi is best because:
A. If the accused was not there, when the deceased was murdered, he could not have
murdered her
B. Once the pleas of alibi is raised no other defence is open to the prosecution
C. It leaves room for no other defence for the accused
D. None of them
Ans: A
101. Which of the following is the way to assess damage under Section 12,
Indian Evidence Act?
I. The damage suffered should be near as possible to the sum which will put the injured
party in the same position as he would have been if he had not sustained the wrong for
which he was awarded damages or compensation
II. Damages are usually assessed on the basis of actual loss suffered and are called
general or ordinary damages
III. Where the plaintiff has not suffered any real damages by reason of breach of
contract, normally, nominal damages are awarded
IV. Special damages can be awarded for personal inconveniences or physical dis-comfort
caused by the other party
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. all of them
Ans: D
102. 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
Ans: A
103. The proviso to the Section 65, Indian Evidence Act has been added by
which of the following Act?
A. Act XXXI of 1926
B. Act XXII of 1926
C. Act XIII of 1926
D. Act XIV of 1926
Ans: A
104. To invoke the doctrine of estoppel which of the following condition
must be satisfied?
A. Representation by a person to another
B. The other shall have acted upon the said representation
C. Such person shall have been detrimental to the interest of the person to whom the
representation has been made
D. All of them
Ans: D
105. Under Section 82, Indian Evidence Act the Court must presume:
A. That the seal or stamp or signature is genuine
B. That the person signing the document held, at the time when he signed, the judicial
or official character he claims
C. Both (A) and (B)
D. None of them
Ans: C
106. 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
107. 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
108. 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
109. 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
110. 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
Judicial Services India
Multiple Choice Questions on Indian Evidence Act

1. Generally dying declarations are admissible as evidence under-

A. Section 20 of the Indian Evidence Act, 1872
B. Section 25 of the Indian Evidence Act, 1872
C. Section 32 of the Indian Evidence Act, 1872
D. Section 35 of the Indian Evidence Act, 1872
Ans. C
2. Which of the following statements hold true for dying declarations?
A. Dying declarations cannot be used as a sole basis of conviction
B. Dying declarations unless corroborated cannot be used as sole basis of conviction
C. Dying declaration which is brief must be discarded
D. When eyewitness affirms that the deceased was not in a fit state to make the
declaration, medical opinion cannot prevail
Ans. D
3. In which of the following cases the evidence given by the witness will NOT
be relevant under section 33 of the Indian Evidence Act, 1872?
A. When the witness is staying abroad
B. When the witness is dead
C. When witness cannot be found
D. When the witness is in coma
Ans. A
4. 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
Ans. C
5. A party wants to set aside a judgement under section 44 of the Indian
Evidence Act, 1872. In which of the following circumstances can he do so?
A. In case the judgement was passed by a superior Court
B. In case the person challenging is a stranger to the proceedings
C. In case the judgement was a result of gross negligence
D. All of these
Ans. A
6. According to section 61 of the Indian Evidence Act, 1872 –
A. The contents of documents must be proved by primary evidence
B. The contents of documents must be proved by secondary evidence
C. The contents of documents must be proved by both primary and secondary evidence
D. The contents of documents must be proved either by primary or secondary evidence
Ans. D
7. Definition of secondary evidence has been given under _________ of the
Indian Evidence Act, 1872?
A. Section 61
B. Section 62
C. Section 63
D. Section 64
Ans. C
8. B, an accused wants to submit carbon copy of the suicide note as
secondary evidence. The original is with the opposite party and he has
failed to produce the same. The suicide was not within the knowledge of the
accused prior to the receipt of carbon copy. Which of the following
statements will hold true for the case?
A. The evidence cannot be admitted due to applicability of section 30 of the Indian
Evidence Act
B. The evidence cannot be admitted because it fails to satisfy the requirements of section
64 of the Indian Evidence Act, 1872
C. The evidence cannot be admitted because it fails to satisfy the requirements of section
65 of the Indian Evidence Act, 1872
D. The evidence can be admitted as it satisfies the requirements of both section 64 and
section 65 of the Indian Evidence Act, 1872
Ans. D
9. According to section 65 of the Indian Evidence Act, 1872 the secondary
evidence can be admitted in ________ exceptional cases.
A. Three
B. Five
C. Seven
D. Nine
Ans. C
10. Which of the following sections of the Indian Evidence Act, 1872 gives
provisions regarding proof as to electronic signatures?
A. Section 67
B. Section 67A
C. Section 67B
D. Section 67C
Ans. B
11. Which of the following section of the Indian Evidence Act deals with
proof of other official documents?
A. Section 78
B. Section 82
C. Section 71
D. Section 74
Ans. A
12. Which of the following section of the Indian Evidence Act, 1872 has been
amended by the Criminal Law (Amendment) Act, 2013?
A. Section 32
B. Section 55
C. Section 119
D. Section 124
Ans. C
13. Which of the following statements hold true for section 154 of the Indian
Evidence Act, 1872?
A. The Court is bound to give leave if the requirements are met
B. The witness must be declared hostile before making a plea under this section
C. The Court can give the leave under this section suo motu
D. All of these
Ans. C
14. Which of the following questions is proper under section 148 of the
Indian Evidence Act, 1872?
A. If the imputation refers to matters remote in time
B. If the imputation refers to such matters that its truth does not affect the credibility of
the witness
C. If they are of such nature that the truth of the imputations touches the credibility of
the witness
D. If there is great disproportion between the importance of the imputation and the
importance of the evidence
Ans. C
15. During the cross examination of the witness as to previous statements
made before the police almost all contradictions or omissions were brought
on record, which were portions from the statements made before the police
that were not deposed before the court. Which of the following statements
will apply to the case?
A. The credibility of the witness has been impeached under section 148 of the Indian
Evidence Act, 1872
B. The credibility of the witness has been impeached under section 145 of the Indian
Evidence Act, 1872
C. The credibility of the witness has not been impeached because the contradictions
were not as contemplated under section 145 of the Indian Evidence Act, 1872
D. The credibility of the witness has not been impeached because the protection under
section 154 of the Indian Evidence Act, 1872 will apply
Ans. C
16. A person summoned to produce a document-
A. Does not become a witness in the case unless he is called as a witness
B. Automatically becomes a witness in the case
C. Automatically becomes an hostile witness in the case
D. Can be cross examined without being called as a witness
Ans. A
17. 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
Ans. B
18. _________________ section of the Indian Evidence Act, 1872 was
inserted by the Criminal law (Amendment) Act, 2013.
A. Section 53
B. Section 53 A
C. Section 119
D. Section 119A
Ans. B
19. An admission is NOT relevant in a civil case if it is-
A. Relevant otherwise than as an admission
B. Proceeding from a person in authority
C. Made under circumstances from which the court can infer that the parties agreed
together that evidence of it should not be given
D. Made by a pleader, attorney or a vakil
Ans. C
20. Opinions of an expert expressed in a book commonly offered for sale
CANNOT be proved by the production of such book-
A. If the author is dead
B. It the author cannot be found
C. If the author has become incapable of giving evidence
D. If the author has gone abroad on vacation
Ans. D
21. Which of the following section of the Indian Evidence Act does not apply
to interrogations by a Customs Officer exercising power under Section 171 -
A of the Sea Customs Act?
A. Section 131
B. Section 132
C. Section 133
D. Section 134
Ans. B
22. Which of the following section prescribe the method by which signature
can be proved?
A. Section 45, Indian Evidence Act
B. Section 46, Indian Evidence Act
C. Section 47, Indian Evidence Act
D. both (A) and (B)
Ans. D
23. Which of the following is true of the effects of admissions?
A. an admission constitutes a substantive piece of evidence in the case and, for that
reason, can be relied upon for proving the truth of the facts incorporated therein
B. an admission has the effect of shifting the onus of proving to the contrary on the party
against whom it is produced, with the result that it casts an imperative duty on such
party to explain it. In the absence of a satisfactory explanation, it is presumed to true
C. an admission, in order to be competent and to have the value and effect referred to
above should be clear, certain and definite, and not ambiguous, vague to be true
D. all of them
Ans. D
24. An attesting witness is:
A. one who signs his name to an instrument, at the request of the party or parties, for
the purposes of proving or identifying it
B. a witness who has attested the document
C. both (A) and (B)
D. none of them
Ans. C
25. A intentionally and falsely leads B to believe that certain land belongs to
A, and thereby induces B to buy and pay for it. The land afterwards becomes
the property of A, and A seeks to set aside the sale on the ground that, at the
time of the sale, he had no title. Applying Section 115, Indian Evidence Act:
A. He must be allowed to prove his want of title
B. He may be allowed to prove his want of title
C. He must not be allowed to prove his want of title
D. none of them
Ans. C
26. Admissible evidence is thus that which is:
A. relevant
B. not excluded by any rule of law or practice
C. either (A) or (B)
D. both (A) and (B)
Ans. D
27. A is accused of a crime committed by him at Calcutta. He produces a
letter written by himself and dated at Lahore on that day, and bearing the
Lahore post-mark of that day. Applying Section 21, Indian Evidence Act,
which of the following is possible?
A. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 27, clauses (2)
B. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 29, clauses (2)
C. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 32, clauses (2)
D. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 34, clauses (2)
Ans. C
28. A is tired for a riot and is proved to have marched at the head of a mob.
Applying Section 9, Indian Evidence Act:
A. The cries of the mob are irrelevant as it does not explain the nature of the transaction
B. The cries of the mob are relevant as explanatory of the nature of the transaction
C. either (A) or (B)
D. none of them
Ans. B
29. A, a sculptor, agrees to sell to B, “all my mods.” A has both models and
modelling tools. Applying Section 98, Indian Evidence Act:
A. evidence cannot be given to show which he meant to sell
B. evidence needed not be given to show which he meant to sell
C. evidence may be given to show which he meant to sell
D. none of them
Ans. C
30. Entry in the Monzawari Register is admissible under:
A. Section 32, Indian Evidence Act
B. Section 35, Indian Evidence Act
C. Section 37, Indian Evidence Act
D. Section 39, Indian Evidence Act
Ans. B
31. In criminal cases under Section 54, Indian Evidence Act to prove that
the defendant committed the crime charged, evidence may not be given that
he:
A. bore a bad reputation in the community
B. has a disposition to commit crime of that kind
C. had no other occasions committed particular acts of the same class evincing such
disposition
D. all of them
Ans. D
32. In which of the following cases did the court held that a party who
produces witnesses in court produces them as witnesses of truth; and
simply because portions of their statements are not favourable to the party
producing them, they cannot be condemned as biased witnesses?
A. Gyasuddin Khan v. State of Bihar, AIR 2004 SC 201, para 12 : 2004 CrLJ 395
B. Lekhraj v. State of Gujarat, AIR 1998 SC 242 : 1998 CrLJ 396.
C. Gulabchand Ganbhiramal v. Kudilal Govindram, AIR 1959 MP 151 : 1961 CrLJ 55
(FB).
D. Siddiqua v. Narcotics Control Bureau, 2007 CrLJ 1471, 1480 (para 17) (Del).
Ans. C
33. In which of the following proceeding of domestic tribunals and
departmental enquiries, the Indian Evidence Act is not applicable?
A. officers conducting departmental inquiries
B. departmental proceedings
C. disciplinary proceedings tribunal
D. all of them
Ans. D
34. Proviso 1 to Section 33, Indian Evidence Act, not only covers cases of
privity in estate and succession of title, but also cases where which of the
following condition is met?
A. the interest of the relevant party in the second proceeding is the subject matter of the
first proceeding and is consistent with and not antagonistic to the interest therein of the
relevant party to the first proceeding
B. the interest of both in the answer to be given to the particular question in issue in the
first proceeding is identical
C. either (A) or (B)
D. both (A) and (B)
Ans. D
35. Relevancy of facts forming part of same transaction is dealt under which
of the following section of the Indian Evidence Act?
A. Section 4
B. Section 6
C. Section 10
D. Section 8
Ans. B
36. Section 132 of the Indian Evidence Act does not apply to a statement
made by a person during an investigation under:
A. Section 159 Cr. P.C
B. Section 161 Cr. P.C
C. Section 163 Cr. P.C
D. Section 166 Cr. P.C
Ans. B
37. Section 31, Indian Evidence Act declares:
A. that admissions are not conclusive proof of the matters admitted, but they may
operate as estoppels
B. Unless admissions are contractual or unless they constitute estoppels they are not
conclusive, but are open rebuttal or explanation.
C. either (A) or (B)
D. both (A) and (B)
Ans. D
38. Section 65, Indian Evidence Act with which of the following situation
under which secondary evidence can be given?
A. when the original is shown or appears to be in possession and power of the person
against whom the document is sought to be proved
B. when it is in possession or power of any person who is out of reach, or not subject to
the process of the Court
C. when it is in the possession of any person legally bound to produce it, but he fails to
produce it after the notice mentioned in Section 66, Indian Evidence Act is given to him
D. all of them
Ans. D
39. The defence of alibi is best because:
A. if the accused was not there, when the deceased was murdered, he could not have
murdered her
B. once the pleas of alibi is raised no other defence is open to the prosecution
C. it leaves room for no other defence for the accused
D. none of them
Ans. A
40. An estate called “the Rampur Tea Estate” is sold by a deed which
contains a map of the property sold. Applying Section 92, Indian Evidence
Act:
A. the fact that land not included in the map had always been regarded as part of the
estate and was meant to pass by the deed need not be proved
B. the fact that land not included in the map had always been regarded as part of the
estate and was meant to pass by the deed is irrelevant
C. the fact that land not included in the map had always been regarded as part of the
estate and was meant to pass by the deed cannot be proved
D. none of them
Ans. C
41. Which of the following is the way to assess damage under Section 12,
Indian Evidence Act?
I. the damage suffered should be near as possible to the sum which will put the injured
party in the same position as he would have been if he had not sustained the wrong for
which he was awarded damages or compensation
II. damages are usually assessed on the basis of actual loss suffered and are called
general or ordinary damages
III. where the plaintiff has not suffered any real damages by reason of breach of
contract, normally, nominal damages are awarded
IV. special damages can be awarded for personal inconveniences or physical dis-comfort
caused by the other party
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. all of them
Ans. D
42. The history sheet of an accused person, kept in the police station is not a
man’s character, as it is based on:
A. conviction
B. hearsay
C. investigation
D. none of them
Ans. B
43. 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
Ans. A
44. The principles of Section 44, Indian Evidence Act cannot be extended to
which of the following?
A. misrepresentation or undue influence
B. fraud
C. collision
D. all of them
Ans. A
45. 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
46. The question is, whether A poisoned B. Applying Section 6, Indian
Evidence Act which of the following facts can be relevant?
A. marks on the ground produced by a struggle at or near the place where the murder
was committed
B. the state of B’s health before the symptoms ascribed to poison, and habits of B,
known to A, which afforded an opportunity for the administration of poison
C. the facts that shortly before the poisoning, B went to a fair with money in possession,
and that he showed it or mentioned the fact that he had it, to third persons
D. none of them
Ans. B
47. To invoke the doctrine of estoppel which of the following condition must
be satisfied?
A. representation by a person to another
B. the other shall have acted upon the said representation
C. such person shall have been detrimental to the interest of the person to whom the
representation has been made
D. all of them
Ans. D
48. What do you understand by admission of execution?
A. it means only admission of signature
B. it means only valid attestation of the signature by two witnesses as required by law
C. both (A) and (B)
D. none of them
Ans. D
49. Under Section 82, Indian Evidence Act the Court must presume:
A. that the seal or stamp or signature is genuine
B. that the person signing the document held, at the time when he signed, the judicial or
official character he claims
C. both (A) and (B)
D. none of them
Ans. C
50. What do you understand by libellous character?
A. constituting or containing a libel
B. constituting or containing a praise
C. constituting or containing a commendation
D. none of them
Ans. A
51. A dying declaration to be admissible:
(a) must be made before a Magistrate
(b) must be made before the police officer
(c) may be made before a doctor or a private person
(d) may be made either before a magistrate or a police officer or a doctor or a private
person.
Ans. (d)
52. Declaration in course of business are admissible:
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
Ans. (b)
53. Declaration as to custom are admissible:
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
Ans. (c)
54. Under section 32(4) of Evidence Act, the declaration:
(a) as to public rights & customs are admissible
(b) as to private rights & customs are admissible
(c) as to both public and private rights and customs are admissible
(d) only as to customs are admissible.
Ans. (a)
55. Opinions of experts are relevant:
(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.
Ans. (a)
56. Under section 45 of Evidence Act, the opinion of expert can be for:
(a) identity of hand writing
(b) identity of finger impression
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
57. Under section 45 of Evidence Act the opinion of expert can be on the
question of:
(a) Indian law
(b) Foreign law
(c) both (a) & (b)
(d) only (a) & not (b).
Ans. (b)
58. Opinion of an expert under section 45 of Evidence Act:
(a) is a conclusive proof
(b) is not a conclusive proof
(c) is supportive & corroborative in nature
(d) either (a) or (c).
Ans. (c)
59. A disputed handwriting can be proved:
(a) by calling an expert
(b) by examining a person acquainted with the handwriting of the writer of the
questioned document
(c) by comparison of the two-admitted & disputed handwritings
(d) all the above.
Ans. (d)
60. The res inter alia acta is receivable:
(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.
Ans. (b)
61. Entries in the books of accounts regularly kept in the course of business
are admissible under section 34 of Evidence Act:
(a) if they by themselves create a liability
(b) if they by themselves do not create a liability
(c) irrespective of whether they themselves create a liability or not
(d) either (a) or (b).
Ans. (c)
62. When the court has to ascertain the relationship between one person
and another, the opinion of any person having special means of knowledge
and expressed by conduct is admissible:
(a) under section 51 of Evidence Act
(b) under section 50 of Evidence Act
(c) under section 52 of Evidence Act
(d) under section 49 of Evidence Act.
Ans. (b)
63. The relationship in section 50 of Evidence Act means:
(a) relationship by blood only
(b) relationship by blood or marriage
(c) relationship by blood or marriage or adoption
(d) only (a) and not (b) & (c).
Ans. (c)
64. Opinion as to relationship of marriage under section 50 of CPC:
(a) is admissible in cases of offences against marriage
(b) is admissible in proceedings under Indian Divorce Act
(c) is admissible both in (a) & (b)
(d) is neither admissible in cases of offences against marriage nor in proceedings under
Indian Divorce Act
Ans. (d)
65. Propositions under Evidence Act are:
I. In civil cases, character evidence is inadmissible unless the character of a party is a
fact in issue. II. In criminal cases, the evidence of good character is admissible generally.
III. In criminal proceedings, evidence of bad character is inadmissible unless the same is
a fact in issue.
IV. In criminal proceedings evidence of bad character is admissible when evidence of
good character has been given.
In relation to the above propositions which of the following is correct
statement:
(a) all the four (I, II, III & IV) are correct
(b) I, II & III are correct but IV is incorrect
(c) I & II are correct but III & IV are incorrect
(d) I & III are correct but II & IV are incorrect
(e) I, II & IV are correct but III is incorrect
(f) II, III & IV are correct but I is incorrect.
Ans. (a)
66. Facts of which the judicial notice is to be taken are stated in:
(a) section 56 of Evidence Act
(b) section 57 of Evidence Act
(c) section 58 of Evidence Act
(d) section 55 of Evidence Act.
Ans. (b)
67. List of facts of which the judicial notice has to be taken under section 57
of Evidence Act:
(a) is exhaustive
(b) is illustrative only
(c) is both (a) & (b)
(d) is neither (a) nor (b).
Ans. (b)
68. Facts which need not be proved by the parties include:
(a) facts of which judicial notice has to be taken
(b) facts which have been admitted by the parties at or before the hearing
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
69. The court may in its discretion call for proving the facts:
(a) of which judicial notice has to be taken
(b) which have been admitted otherwise than such admissions
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (b)
70. Oral evidence under section 60 of Evidence Act may be:
(a) direct only
(b) hearsay
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (a)
71. Contents of a document under section 59 of Evidence Act:
(a) can be proved by oral evidence
(b) cannot be proved by oral evidence
(c) may or may not be proved by oral evidence
(d) can only be proved by oral evidence under the order of the court.
Ans. (b)
72. Contents of a document may be proved under section 61 of Evidence Act:
(a) by primary evidence
(b) by secondary evidence
(c) either by primary or by secondary evidence
(d) only by primary evidence & not by secondary evidence.
Ans. (c)
73. Secondary evidence of a document means:
(a) copies of that document
(b) oral account of the contents of the documents
(c) both (a) & (b)
(d) only (a) & not (b).
Ans. (c)
74. Secondary evidence of a document is admissible as a substitute for:
(a) admissible primary evidence
(b) inadmissible primary evidence under certain circumstances
(c) inadmissible primary evidence under all the circumstances
(d) both (a) & (b) are correct.
Ans. (a)
75. The circumstances under which the secondary evidence is admissible
have been enumerated in:
(a) section 63 of Evidence Act
(b) section 64 of Evidence Act
(c) section 65 of Evidence Act
(d) section 66 of Evidence Act.
Ans. (c)
76. Secondary evidence is admissible:
(a) where the non-production of primary evidence has not been accounted for
(b) where the non-production of primary evidence has been accounted for
(c) irrespective of whether the non-production of primary evidence has been accounted
for or not
(d) both (a) & (c) are correct.
Ans. (b)
77. Oral account of the contents of a document is admissible:
(a) when given by a person who has seen & read the document
(b) when given by a person who has seen but not read the document
(c) when given by a person to whom the document was read over
(d) when given by any of the above.
Ans. (a)
78. A document required by law to be attested can be proved under section
68 of Evidence Act only:
(a) by calling both the attesting witnesse
(b) by calling at least one of the attesting witnesses
(c) by calling none of the attesting witnesses but by calling some other person who has
the knowledge of the contents
(d) all of the above are correct.
Ans. (b)
79. The calling of at least one attesting witness to prove a document under
section 68 is not necessary:
(a) when the document other than a will is registered under the Indian Registration Act,
1908
(b) when the document including Will is registered under the Indian Registration Act,
1908
(c) when the document irrespective of whether it is a Will, is registered under the Indian
Registration Act, 1908
(d) both (b) & (c) are correct.
Ans. (a)
80. A will is required to be proved by calling at least one attesting witness:
(a) when it is registered
(b) when it is unregistered
(c) when it is admitted
(d) all of the above.
Ans. (d)
81. Public documents are mentioned in:
(a) section 72 of Evidence Act
(b) section 73 of Evidence Act
(c) section 74 of Evidence Act
(d) section 75 of Evidence Act.
Ans. (c)
82. Documents which are not covered under section 74 of Evidence Act are
called:
(a) semi-public documents
(b) quasi-public documents
(c) private documents
(d) all the above.
Ans. (c)
83. Maxim ‘omnia proesumuntur rite esse acta’ means:
(a) all acts are presumed to be rightly done
(b) all acts are presumed to be not rightly done
(c) all acts are presumed to be wrongly done
(d) all acts are presumed to be not wrongly done.
Ans. (a)
84. Admissibility of electronic record has been prescribed under:
(a) section 65 of Evidence Act
(b) section 65A of Evidence Act
(c) section 65B of Evidence Act
(d) section 66 of Evidence Act.
Ans. (c)
85. Principle of ‘omnia proesumuntur rite esse acta’ is contained in:
(a) section 78 of Evidence Act
(b) section 79 of Evidence Act
(c) section 80 of Evidence Act
(d) section 81 of Evidence Act.
Ans. (b)
86. Section 79 of Evidence Act applies to:
(a) certificates issued by a Government officer
(b) certified copies issued by a Government officer
(c) other documents duly certified to be genuine by a Government officer
(d) all the above.
Ans. (d)
87. Section 79 of Evidence Act contains:
(a) an irrebuttable presumption of law
(b) a rebuttable presumption of law
(c) a presumption of fact
(d) no presumption either of fact or law.
Ans. (b)
88. Sections 79 to 85 of Evidence Act contain:
(a) presumption of facts
(b) rebuttable presumptions of law
(c) irrebuttable presumption of law
(d) irrebuttable presumptions of facts.
Ans. (b)
89. Presumption as to the accuracy of maps & plans made by the authority
of Government is contained in:
(a) section 81 of Evidence Act
(b) section 82 of Evidence Act
(c) section 83 of Evidence Act
(d) section 84 of Evidence Act.
Ans. (c)
90. Under section 83 of Evidence Act, presumption as to accuracy of maps &
plans can be raised in respect of:
(a) maps & plans made by private persons
(b) maps & plans made by the authority of Government
(c) both (a) & (b) above
(d) only (a) & not (b).
Ans. (b)
91. Which of the following section of the Indian Evidence Act does not apply
to interrogations by a Customs Officer exercising power under Section 171 -
A of the Sea Customs Act?
A. Section 131
B. Section 132
C. Section 133
D. Section 134
Ans: B
92. Which of the following is true of the effects of admissions?
A. An admission constitutes a substantive piece of evidence in the case and, for that
reason, can be relied upon for proving the truth of the facts incorporated therein
B. An admission has the effect of shifting the onus of proving to the contrary on the
party against whom it is produced, with the result that it casts an imperative duty on
such party to explain it. In the absence of a satisfactory explanation, it is presumed to
true
C. An admission, in order to be competent and to have the value and effect referred to
above should be clear, certain and definite, and not ambiguous, vague to be true
D. All of them
Ans: D
93. A intentionally and falsely leads B to believe that certain land belongs to
A, and thereby induces B to buy and pay for it. The land afterwards becomes
the property of A, and A seeks to set aside the sale on the ground that, at the
time of the sale, he had no title. Applying Section 115, Indian Evidence Act:
A. He must be allowed to prove his want of title
B. He may be allowed to prove his want of title
C. He must not be allowed to prove his want of title
D. None of them
Ans: C
94. A is accused of a crime committed by him at Calcutta. He produces a
letter written by himself and dated at Lahore on that day, and bearing the
Lahore post-mark of that day. Applying Section 21, Indian Evidence Act,
which of the following is possible?
A. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 27, clauses (2)
B. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 29, clauses (2)
C. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 32, clauses (2)
D. The statement in the date of the letter is admissible, because, if A were dead, it would
be admissible under Section 34, clauses (2)
Ans: C
95. A, a sculptor, agrees to sell to B, “all my mods.” A has both models and
modelling tools. Applying Section 98, Indian Evidence Act:
A. Evidence cannot be given to show which he meant to sell
B. Evidence needed not be given to show which he meant to sell
C. Evidence may be given to show which he meant to sell
D. None of them
Ans: C
96. In criminal cases under Section 54, Indian Evidence Act to prove that
the defendant committed the crime charged evidence may not be given that
he:
A. Bore a bad reputation in the community
B. Has a disposition to commit crime of that kind
C. Had no other occasions committed particular acts of the same class evincing such
disposition
D. All of them
Ans: D
97. In which of the following proceeding of domestic tribunals and
departmental enquiries, the Indian Evidence Act is not applicable?
A. Officers conducting departmental inquiries
B. Departmental proceedings
C. Disciplinary proceedings tribunal
D. All of them
Ans: D
98. Relevancy of facts forming part of same transaction is dealt under
which of the following section of the Indian Evidence Act?
A. Section 4
B. Section 6
C. Section 10
D. Section 8
Ans: B
99. Section 31, Indian Evidence Act declares:
A. That admissions are not conclusive proof of the matters admitted, but they may
operate as estoppels
B. Unless admissions are contractual or unless they constitute estoppels they are not
conclusive, but are open rebuttal or explanation.
C. Either (A) or (B)
D. Both (A) and (B)
Ans: D
100. The defence of alibi is best because:
A. If the accused was not there, when the deceased was murdered, he could not have
murdered her
B. Once the pleas of alibi is raised no other defence is open to the prosecution
C. It leaves room for no other defence for the accused
D. None of them
Ans: A
101. Which of the following is the way to assess damage under Section 12,
Indian Evidence Act?
I. The damage suffered should be near as possible to the sum which will put the injured
party in the same position as he would have been if he had not sustained the wrong for
which he was awarded damages or compensation
II. Damages are usually assessed on the basis of actual loss suffered and are called
general or ordinary damages
III. Where the plaintiff has not suffered any real damages by reason of breach of
contract, normally, nominal damages are awarded
IV. Special damages can be awarded for personal inconveniences or physical dis-comfort
caused by the other party
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. all of them
Ans: D
102. 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
Ans: A
103. The proviso to the Section 65, Indian Evidence Act has been added by
which of the following Act?
A. Act XXXI of 1926
B. Act XXII of 1926
C. Act XIII of 1926
D. Act XIV of 1926
Ans: A
104. To invoke the doctrine of estoppel which of the following condition
must be satisfied?
A. Representation by a person to another
B. The other shall have acted upon the said representation
C. Such person shall have been detrimental to the interest of the person to whom the
representation has been made
D. All of them
Ans: D
105. Under Section 82, Indian Evidence Act the Court must presume:
A. That the seal or stamp or signature is genuine
B. That the person signing the document held, at the time when he signed, the judicial
or official character he claims
C. Both (A) and (B)
D. None of them
Ans: C
106. 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
107. 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
108. 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
109. 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
110. 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
 QUESTION BANK
Subject- Law of Evidence
Class- LL B III & LL B V

1. Generally dying declarations are admissible as evidence under-

A. Section 20 of the Indian Evidence Act, 1872

B. Section 25 of the Indian Evidence Act, 1872

C. Section 32 of the Indian Evidence Act, 1872

D. Section 35 of the Indian Evidence Act, 1872

2. Which of the following statements hold true for dying declarations?

A. Dying declarations cannot be used as a sole basis of conviction

B. Dying declarations unless corroborated cannot be used as sole basis of

conviction

C. Dying declaration which is brief must be discarded

D. When eyewitness affirms that the deceased was not in a fit state to make the

declaration, medical opinion cannot prevail

3. In which of the following cases the evidence given by the witness will not be relevant

under section 33 of the Indian Evidence Act, 1872?

A. When the witness is staying abroad

B. When the witness is dead

C. When witness cannot be found

D. When the witness is in coma

4. 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

5. A party wants to set aside a judgement under section 44 of the Indian Evidence Act,

1872.

In which of the following circumstances can he do so?

A. In case the judgement was passed by a superior Court

B. In case the person challenging is a stranger to the proceedings

C. In case the judgement was a result of gross negligence

D. All of these

6. According to section 61 of the Indian Evidence Act, 1872 –

A. The contents of documents must be proved by primary evidence

B. The contents of documents must be proved by secondary evidence

C. The contents of documents must be proved by both primary and secondary

evidence

D. The contents of documents must be proved either by primary or secondary

evidence
7. Definition of secondary evidence has been given under _________ of the Indian

Evidence Act, 1872?

A. Section 61

B. Section 62

C. Section 63

D. Section 64

8. Which of the following sections of the Indian Evidence Act, 1872 gives provisions

regarding proof as to electronic signatures?

A. Section 67

B. Section 67A

C. Section 67B

D. Section 67C

9. Which of the following section of the Indian Evidence Act deals with proof of other

official documents?

A. Section 78

B. Section 82

C. Section 71

D. Section 74

10. Which of the following section of the Indian Evidence Act, 1872 has been amended
by

the Criminal Law (Amendment) Act, 2013?

 A. Section 32

B. Section 55

C. Section 119

D. Section 124

11. Which of the following statements hold true for Sec 154 of the I. Evidence Act, 1872?

A. The Court is bound to give leave if the requirements are met

B. The witness must be declared hostile before making a plea under this section

C. The Court can give the leave under this section suo motu

D. All of these

12. Which of the following questions is proper under Sec 148 of the I. Evidence Act,
1872?

A. If the imputation refers to matters remote in time

B. If the imputation refers to such matters that its truth does not affect the

credibility of the witness

C. If they are of such nature that the truth of the imputations touches the
credibility

of the witness

D. If there is great disproportion between the importance of the imputation and

the

importance of the evidence

13. During the cross examination of the witness as to previous statements made before the

police almost all contradictions or omissions were brought on record, which were

portions from the statements made before the police that were not deposed before the
 court. Which of the following statements will apply to the case?

A. The credibility of the witness has been impeached under section 148 of the

Indian Evidence Act, 1872

B. The credibility of the witness has been impeached under section 145 of the

Indian Evidence Act, 1872

C. The credibility of the witness has not been impeached because the

contradictions were not as contemplated under section 145 of the Indian

Evidence Act, 1872

D. The credibility of the witness has not been impeached because the protection

under section 154 of the Indian Evidence Act, 1872 will apply

14. A person summoned to produce a document-

A. Does not become a witness in the case unless he is called as a witness

B. Automatically becomes a witness in the case

C. Automatically becomes a hostile witness in the case

D. Can be cross examined without being called as a witness

15. 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

16. An admission is NOT relevant in a civil case if it is-

 A. Relevant otherwise than as an admission

B. Proceeding from a person in authority

C. Made under circumstances from which the court can infer that the parties
agreed

together that evidence of it should not be given

D. Made by a pleader, attorney or a vakil

17. Opinions of an expert expressed in a book commonly offered for sale cannot be
proved

by the production of such book-

A. If the author is dead

B. It the author cannot be found

C. If the author has become incapable of giving evidence

D. If the author has gone abroad on vacation

18. Which of the following section prescribe the method by which signature can be
proved?

A. Section 45, Indian Evidence Act

B. Section 46, Indian Evidence Act

C. Section 47, Indian Evidence Act

D. Both (A) and (B)

19. Which of the following is true of the effects of admissions?

A. An admission constitutes a substantive piece of evidence in the case and, for

that reason, can be relied upon for proving the truth of the facts incorporated
 therein

B. An admission has the effect of shifting the onus of proving to the contrary on

the party against whom it is produced, with the result that it casts an
imperative

duty on such party to explain it. In the absence of a satisfactory explanation, it

is presumed to true

C. An admission, in order to be competent and to have the value and effect

referred

to above should be clear, certain and definite, and not ambiguous, vague to be

true

D. All of them

20. An attesting witness is:

A. One who signs his name to an instrument, at the request of the party or parties,

for the purposes of proving or identifying it

B. A witness who has attested the document

C. Both (A) and (B)

D. None of them

21. A intentionally and falsely leads B to believe that certain land belongs to A, and
thereby

induces B to buy and pay for it. The land afterwards becomes the property of A, and
A

seeks to set aside the sale on the ground that, at the time of the sale, he had no title.

Applying Section 115, Indian Evidence Act:

 A. He must be allowed to prove his want of title

B. He may be allowed to prove his want of title

C. He must not be allowed to prove his want of title

D. None of them

22. Admissible evidence is thus that which is:

A. Relevant

B. Not excluded by any rule of law or practice

C. Either (A) or (B)

D. Both (A) and (B)

23. A is accused of a crime committed by him at Calcutta. He produces a letter written by

himself and dated at Lahore on that day, and bearing the Lahore post-mark of that day.

Applying Section 21, Indian Evidence Act, which of the following is possible?

A. The statement in the date of the letter is admissible, because, if A were dead, it

would be admissible under Section 27, clauses (2)

B. The statement in the date of the letter is admissible, because, if A were dead, it

would be admissible under Section 29, clauses (2)

C. The statement in the date of the letter is admissible, because, if A were dead, it

would be admissible under Section 32, clauses (2)

D. The statement in the date of the letter is admissible, because, if A were dead, it

would be admissible under Section 34, clauses (2)

24. A is tried for a riot and is proved to have marched at the head of a mob. Applying
 Section 9, Indian Evidence Act:

A. The cries of the mob are irrelevant as it does not explain the nature of the

transaction

B. The cries of the mob are relevant as explanatory of the nature of the
transaction

C. Either (A) or (B)

D. None of them

25. A, a sculptor, agrees to sell to B, “all my mods.” A has both models and modelling

tools.

Applying Section 98, Indian Evidence Act:

A. Evidence cannot be given to show which he meant to sell

B. Evidence needed not be given to show which he meant to sell

C. Evidence may be given to show which he meant to sell

D. None of them

26. In criminal cases under Section 54, Indian Evidence Act to prove that the defendant

committed the crime charged, evidence may not be given that he:

A. Bore a bad reputation in the community

B. Has a disposition to commit crime of that kind

C. Had no other occasions committed particular acts of the same class evincing

such disposition

D. All of them
27. In which of the following proceeding of domestic tribunals and departmental
enquiries,

the Indian Evidence Act is not applicable?

A. Officers conducting departmental inquiries

B. Departmental proceedings

C. Disciplinary proceedings tribunal

D. All of them

28. Proviso 1 to Section 33, Indian Evidence Act, not only covers cases of privity in
estate

and succession of title, but also cases where which of the following condition is met?

A. The interest of the relevant party in the second proceeding is the subject matter

of the first proceeding and is consistent with and not antagonistic to the
interest

therein of the relevant party to the first proceeding

B. The interest of both in the answer to be given to the particular question in

issue

in the first proceeding is identical

C. Either (A) or (B)

D. Both (A) and (B)

29. Relevancy of facts forming part of same transaction is dealt under which of the

following section of the Indian Evidence Act?

A. Section 4

B. Section 6
 C. Section 10

D. Section 8

30. Section 132 of the Indian Evidence Act does not apply to a statement made by a
person

during an investigation under:

A. Section 159 Cr. P.C

B. Section 161 Cr. P.C

C. Section 163 Cr. P.C

D. Section 166 Cr. P.C

31. Section 31, Indian Evidence Act declares:

A. That admissions are not conclusive proof of the matters admitted, but they
may

operate as estoppels

B. Unless admissions are contractual or unless they constitute estoppels, they are

not conclusive, but are open rebuttal or explanation.

C. Either (A) or (B)

D. Both (A) and (B)

32. Section 65, Indian Evidence Act with which of the following situation under which

secondary evidence can be given?

A. When the original is shown or appears to be in possession and power of the

person against whom the document is sought to be proved

B. When it is in possession or power of any person who is out of reach, or not

 subject to the process of the Court

C. When it is in the possession of any person legally bound to produce it, but he

fails to produce it after the notice mentioned in Section 66, Indian Evidence
Act

is given to him

D. All of them

33. The defence of alibi is best because:

A. If the accused was not there, when the deceased was murdered, he could not

have murdered the victim

B. Once the pleas of alibi is raised no other defence is open to the prosecution

C. It leaves room for no other defence for the accused

D. None of them

34. An estate called “the Rampur Tea Estate” is sold by a deed which contains a map of
the

property sold. Applying Section 92, Indian Evidence Act:

A. The fact that land not included in the map had always been regarded as part of

the estate and was meant to pass by the deed need not be proved

B. The fact that land not included in the map had always been regarded as part of

the estate and was meant to pass by the deed is irrelevant

C. The fact that land not included in the map had always been regarded as part of

the estate and was meant to pass by the deed cannot be proved

D. None of them
35. Which of the following is the way to assess damage under Section 12, Indian
Evidence

Act?

I. The damage suffered should be near as possible to the sum which will put the

injured party in the same position as he would have been if he had not

sus-tained the wrong for which he was awarded damages or compensation

II. Damages are usually assessed on the basis of actual loss suffered and are
called

general or ordinary damages

III. Where the plaintiff has not suffered any real damages by reason of breach of

contract, normally, nominal damages are awarded

IV. Special damages can be awarded for personal incon-veniences or physical dis-

comfort caused by the other party

A. I, III and IV

B. II, III and IV

C. I, II and IV

D. All of them

36. The history sheet of an accused person, kept in the police station is not a man’s

character, as it is based on:

A. Conviction

B. Hearsay

C. Investigation

D. None of them
37. 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 judicata

D. None of them

38. The principles of Section 44, Indian Evidence Act cannot be extended to which of the

following?

A. Misrepresentation or undue influence

B. Fraud

C. Collision

D. All of them

39. 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

40. The question is, whether A poisoned B. Applying Section 6, Indian Evidence Act
which

of the following facts can be relevant?

 A. Marks on the ground produced by a struggle at or near the place where the

murder was committed

B. The state of B’s health before the symptoms ascribed to poison, and habits of

B, known to A, which afforded an opportunity for the administration of poison

C. The facts that shortly before the poisoning, B went to a fair with money in

possession, and that he showed it or mentioned the fact that he had it, to third

persons

D. None of them

41. To invoke the doctrine of estoppel which of the following condition must be satisfied?

A. Representation by a person to another

B. The other shall have acted upon the said representation

C. Such person shall have been detrimental to the interest of the person to whom

the representation has been made

D. All of them

42. What do you understand by admission of execution?

A. It means only admission of signature

B. It means only valid attestation of the signature by two witnesses as required by

law

C. Both (A) and (B)

D. None of them

43. Under Section 82, Indian Evidence Act the Court must presume:
 A. That the seal or stamp or signature is genuine

B. That the person signing the document held, at the time when he signed, the

judicial or official character he claims

C. Both (A) and (B)

D. None of them

44. What do you understand by libellous character?

A. Constituting or containing a libel

B. Constituting or containing a praise

C. Constituting or containing a commendation

D. None of them

45. A dying declaration to be admissible:

A. Must be made before a Magistrate

B. Must be made before the police officer

C. May be made before a doctor or a private person

D. May be made either before a magistrate or a police officer or a doctor or a

private person.

46. Declaration in course of business are admissible:

A. Under section 32(1) of Evidence Act

B. Under section 32(2) of Evidence Act

C. Under section 32(4) of Evidence Act

D. Under section 32(7) of Evidence Act.

47. Declaration as to custom are admissible:

A. Under section 32(1) of Evidence Act

B. Under section 32(2) of Evidence Act

C. Under section 32(4) of Evidence Act

D. Under section 32(7) of Evidence Act.

48. Under section 32(4) of Evidence Act, the declaration:

A. As to public rights & customs are admissible

B. As to private rights & customs are admissible

C. As to both public and private rights and customs are admissible

D. Only as to customs are admissible.

49. Opinions of experts are relevant:

A. Under section 45 of Evidence Act

B. Under section 46 of Evidence Act

C. Under section 47 of Evidence Act

D. Under section 48 of Evidence Act.

50. Under section 45 of Evidence Act, the opinion of expert can be for:

A. Identity of hand writing

B. Identity of finger impression

C. Both (a) & (b)

D. Neither (a) nor (b).

51. Under section 45 of Evidence Act the opinion of expert can be on the question of:

A. Indian law

B. Foreign law

C. Both (a) & (b)

D. Only (a) & not (b).

52. Opinion of an expert under section 45 of Evidence Act:

A. Is a conclusive proof

B. Is not a conclusive proof

C. Is supportive & corroborative in nature

D. Either (a) or (c).

53. A disputed handwriting can be proved:

A. By calling an expert

B. By examining a person acquainted with the handwriting of the writer of the

questioned document

C. By comparison of the two-admitted & disputed handwritings

D. All the above.

54. The res inter alia acta is receivable:

A. Under section 45 of Evidence Act

B. Under section 46 of Evidence Act

C. Under section 47 of Evidence Act

 D. Under section 48 of Evidence Act.

55. Entries in the books of accounts regularly kept in the course of business are
admissible

under section 34 of Evidence Act:

A. If they by themselves create a liability

B. If they by themselves do not create a liability

C. Irrespective of whether they themselves create a liability or not

D. Either (a) or (b).

56. When the court has to ascertain the relationship between one person and another, the

opinion of any person having special means of knowledge and expressed by conduct
is

admissible:

A. Under section 51 of Evidence Act

B. Under section 50 of Evidence Act

C. Under section 52 of Evidence Act

D. Under section 49 of Evidence Act.

57. The relationship in section 50 of Evidence Act means:

A. Relationship by blood only

B. Relationship by blood or marriage

C. Relationship by blood or marriage or adoption

D. Only (a) and not (b) & (c).

58. Opinion as to relationship of marriage under section 50 of CPC:

A. Is admissible in cases of offences against marriage

B. Is admissible in proceedings under Indian Divorce Act

C. Is admissible both in (a) & (b)

D. Is neither admissible in cases of offences against marriage nor in proceedings

under Divorce Act

59. Propositions under Evidence Act are:

I. In civil cases, character evidence is inadmissible unless the character of a party is a

fact in issue.

II. In criminal cases, the evidence of good character is admissible generally.

III. In criminal proceedings, evidence of bad character is inadmissible unless the same

is a fact in issue.

IV. In criminal proceedings evidence of bad character is admissible when evidence of

good character has been given.

In relation to the above propositions which of the following is correct statement:

A. All the four (I, II, III & IV) are correct

B. I, II & III are correct but IV is incorrect

C. I & II are correct but III & IV are incorrect

D. I & III are correct but II & IV are incorrect

60. Facts of which the judicial notice is to be taken are stated in:

A. Section 56 of Evidence Act

B. Section 57 of Evidence Act

 C. Section 58 of Evidence Act

D. Section 55 of Evidence Act.

61. List of facts of which the judicial notice has to be taken under section 57 of Evidence

Act:

A. Is exhaustive

B. Is illustrative only

C. Is both (a) & (b)

D. Is neither (a) nor (b).

62. Facts which need not be proved by the parties include:

A. Facts of which judicial notice has to be taken

B. Facts which have been admitted by the parties at or before the hearing

C. Both (a) & (b)

D. Neither (a) nor (b).

63. The court may in its discretion call for proving the facts:

A. Of which judicial notice has to be taken

B. Which have been admitted otherwise than such admissions

C. Both (a) & (b)

D. Neither (a) nor (b).

64. Oral evidence under section 60 of Evidence Act may be:

A. Direct only
 B. Hearsay

C. Both (a) & (b)

D. Either (a) or (b).

65. Contents of a document under section 59 of Evidence Act:

A. Can be proved by oral evidence

B. Cannot be proved by oral evidence

C. May or may not be proved by oral evidence

D. Can only be proved by oral evidence under the order of the court.

66. Contents of a document may be proved under section 61 of Evidence Act:

A. By primary evidence

B. By secondary evidence

C. Either by primary or by secondary evidence

D. Only by primary evidence & not by secondary evidence.

67. Secondary evidence of a document means:

A. Copies of that document

B. Oral account of the contents of the documents

C. Both (a) & (b)

D. Only (a) & not (b).

68. Secondary evidence of a document is admissible as a substitute for:

A. Admissible primary evidence

 B. Inadmissible primary evidence under certain circumstances

C. Inadmissible primary evidence under all the circumstances

D. Both (a) & (b) are correct.

69. The circumstances under which the secondary evidence is admissible have been

enumerated in:

A. Section 63 of Evidence Act

B. Section 64 of Evidence Act

C. Section 65 of Evidence Act

D. Section 66 of Evidence Act.

70. Secondary evidence is admissible:

A. Where the non-production of primary evidence has not been accounted for

B. Where the non-production of primary evidence has been accounted for

C. Irrespective of whether non-production of primary evidence has been

accounted

for or not

D. Both (a) & (c) are correct.

71. Oral account of the contents of a document is admissible:

A. When given by a person who has seen & read the document

B. When given by a person who has seen but not read the document

C. When given by a person to whom the document was read over

D. When given by any of the above.

72. A document required by law to be attested can be proved under section 68 of
Evidence

Act only:

A. By calling both the attesting witness

B. By calling at least one of the attesting witnesses

C. By calling none of the attesting witnesses but by calling some other person
who

has the knowledge of the contents

D. All of the above are correct.

73. The calling of at least one attesting witness to prove a document under section 68 is
not

necessary:

A. When the document other than a will is registered under the Indian
Registration

Act, 1908

B. When the document including Will is registered under the Indian Registration

Act, 1908

C. When the document irrespective of whether it is a Will, is registered under the

Indian Registration Act, 1908

D. Both (b) & (c) are correct.

74. A will is required to be proved by calling at least one attesting witness

A. When it is registered

B. When it is unregistered
 C. When it is admitted

D. All of the above.

75. Public documents are mentioned in:

A. Section 72 of Evidence Act

B. Section 73 of Evidence Act

C. Section 74 of Evidence Act

D. Section 75 of Evidence Act.

76. Documents which are not covered under section 74 of Evidence Act are called:

A. Semi-public documents

B. Quasi-public documents

C. Private documents

D. All the above.

77. Maxim ‘omnia proesumuntur rite esse acta’ means:

A. All acts are presumed to be rightly done

B. All acts are presumed to be not rightly done

C. All acts are presumed to be wrongly done

D. All acts are presumed to be not wrongly done.

78. Admissibility of electronic record has been prescribed under:

A. Section 65 of Evidence Act

B. Section 65A of Evidence Act

 C. Section 65B of Evidence Act

D. Section 66 of Evidence Act.

79. Principle of ‘omnia proesumuntur rite esse acta’ is contained in:

A. Section 78 of Evidence Act

B. Section 79 of Evidence Act

C. Section 80 of Evidence Act

D. Section 81 of Evidence Act.

80. Section 79 of Evidence Act applies to:

A. Certificates issued by a Government officer

B. Certified copies issued by a Government officer

C. Other documents duly certified to be genuine by a Government officer

D. All the above.

81. Section 79 of Evidence Act contains:

A. An irrebuttable presumption of law

B. A rebuttable presumption of law

C. A presumption of fact

D. No presumption either of fact or law.

82. Sections 79 to 85 of Evidence Act contain:

A. Presumption of facts

B. Rebuttable presumptions of law

 C. Irrebuttable presumption of law

D. Irrebuttable presumptions of facts.

83. Presumption as to the accuracy of maps & plans made by the authority of Government

is contained in:

A. Section 81 of Evidence Act

B. Section 82 of Evidence Act

C. Section 83 of Evidence Act

D. Section 84 of Evidence Act.

84. Under section 83 of Evidence Act, presumption as to accuracy of maps & plans can
be

raised in respect of:

A. Maps & plans made by private persons

B. Maps & plans made by the authority of Government

C. Both (a) & (b) above

D. Only (a) & not (b).

85. Which of the following is true of the effects of admissions?

A. An admission constitutes a substantive piece of evidence in the case and, for

that reason, can be relied upon for proving the truth of the facts incorporated

therein

B. An admission has the effect of shifting the onus of proving to the contrary on

the party against whom it is produced, with the result that it casts an
imperative
 duty on such party to explain it. In the absence of a satisfactory explanation, it

is presumed to true

C. An admission, in order to be competent and to have the value and effect

referred

to above should be clear, cer-tain and definite, and not ambiguous, vague to be

true

D. All of them

86. A intentionally and falsely leads B to believe that certain land belongs to A, and
thereby

induces B to buy and pay for it. The land afterwards becomes the property of A, and
A

seeks to set aside the sale on the ground that, at the time of the sale, he had no title.

Applying Section 115, Indian Evidence Act:

A. He must be allowed to prove his want of title

B. He may be allowed to prove his want of title

C. He must not be allowed to prove his want of title

D. None of them

87. A is accused of a crime committed by him at Calcutta. He produces a letter written by

himself and dated at Lahore on that day, and bearing the Lahore post-mark of that day.

Applying Section 21, Indian Evidence Act, which of the following is possible?

A. The statement in the date of the letter is admissible, because, if A were dead, it

would be admissible under Section 27, clauses (2)

B. The statement in the date of the letter is admissible, because, if A were dead, it
 would be admissible under Section 29, clauses (2)

C. The statement in the date of the letter is admissible, because, if A were dead, it

would be admissible under Section 32, clauses (2)

D. The statement in the date of the letter is admissible, because, if A were dead, it

would be admissible under Section 34, clauses (2)

88. In criminal cases under Section 54, Indian Evidence Act to prove that the defendant

committed the crime charged evidence may not be given that he:

A. Bore a bad reputation in the community

B. Has a disposition to commit crime of that kind

C. Had no other occasions committed particular acts of the same class evincing

such disposition

D. All of them

89. In which of the following proceeding of domestic tribunals and departmental

enquiries,

the Indian Evidence Act is not applicable?

A. Officers conducting departmental inquiries

B. Departmental proceedings

C. Disciplinary proceedings tribunal

D. All of them

90. Which of the following is the way to assess damage under Sec 12, Indian Evidence

Act?

I. The damage suffered should be near as possible to the sum which will put the
 injured party in the same position as he would have been if he had not
sustained

the wrong for which he was awarded damages or compensation

II. Damages are usually assessed on the basis of actual loss suffered and are
called

general or ordinary damages

III. Where the plaintiff has not suffered any real damages by reason of breach of

contract, normally, nominal damages are awarded

IV. Special damages can be awarded for personal inconveniences or physical dis-

comfort caused by the other party

A. I, III and IV

B. II, III and IV

C. I, II and IV

D. All of them

91. To invoke the doctrine of estoppel which of the following condition must be satisfied?

A. Representation by a person to another

B. The other shall have acted upon the said representation

C. Such person shall have been detrimental to the interest of the person to whom

the representation has been made

D. All of them

92. Under Section 82, Indian Evidence Act the Court must presume:

A. That the seal or stamp or signature is genuine

B. That the person signing the document held, at the time when he signed, the
 judicial or official character he claims

C. Both (A) and (B)

D. None of them

93. 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 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

94. 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

95. 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

96. 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

97. 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

98. A caused B’s death by stabbing him with a knife. C saw the whole act/incident and

deposed in a court of law. Here, the evidence given by C is ……..evidence.

A. Direct

B. Circumstantial

C. Real

D. Substantial

99. If the evidence relates to the existence or non-existence of only a relevant fact, it is

A. Direct evidence
 B. Circumstantial evidence

C. Real evidence

D. Substantial evidence

100. ---------- confessions are made in a court of law and recorded by the Magistrate under

Sec 164 0f Cr P C

A. Judicial
B. Extra judicial
C. Retracted
D. None of the above

101. Indian Evidence Act, 1872 was drafted by

A. Lord Macaulay

B. Sir James Stephen

C. Huxley

D. Sir Henry Summer Maine

102. Indian Evidence Act applies to

A. Proceedings before tribunals

B. Proceedings before the arbitrator

C. Judicial proceedings in courts

D. All the above

103. Law of evidence is

A. lex tallienis

B. lexfori

C. lex loci solutionis

 D. lex situs

104. Facts can be

A. Physical facts

B. Psychological facts

C. Both A & B

D. None of the above

105. Which sections under Indian Evidence Act deals with “Relevancy of facts”?

A. Sec 5 to 55

B. Section 6 to 55

C. Section 1 to 55

D. Section 56 to 100

106. The fundamental Principles of Evidence Law are

A. Evidence should be confined to the facts in issue or relevant fact

B. Hearsay Evidence should not be admitted

C. Best Evidence must be given in all cases

D. All of the above

107. Motive, preparation & conduct are relevant under Sec …. of the Indian Evidence Act

A. Section 6

B. Section 7

C. Section 9

D. Section 8

108. 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

109. Admissions

A. Must be in writing

B. Must be oral

C. Either oral or in writing

D. None of the above

110. To be relevant and admissible, requirements of confession are

A. It must be voluntary

B. Against the interest of the person making it

C. Must be clear, definite and unequivocal

D. All of the above

111. A dying declaration to be admissible

A. Must be made before a Magistrate

B. Must be made before the police officer

C. May be made before a doctor or a private person

D. May be made either before a magistrate or a police officer or a doctor or a

private person

112. Opinion of an expert under section 45 of Evidence Act

A. Is a conclusive proof

B. Is not a conclusive proof

C. Is supportive & corroborative in nature

D. None of the above

113. Facts which need not be proved by the parties include

 A. Facts of which judicial notice has to be taken

B. Facts which have been admitted by the parties

C. Both (A) & (B)

D. Neither (A) nor (B)

114. Confession of an accused is substantive evidence and conviction can be based solely

on a confession if is free, voluntary and genuine

A. True

B. False

C. Partly True and partly false

D. None of the above

115. Relevancy of the character from section 52 to 55 deals about the character of

A. Parties

B. Witness

C. Judges

D. Advocates

116. Declaration in course of business are admissible under Section … of the Indian

Evidence Act

A. Section 32 (1)

B. Section 32 (2)

C. Section 32 (3)

D. Section 32 (4)

117. Fact in issue means the fact, existence or non-existence of which is

A. Admitted by the parties

B. Disputed by the parties

 C. Not disputed by the parties

D. None of the above

118. Facts which are perceived by the senses are called

A. Physical facts

B. Psychological facts

C. Positive facts

D. Negative facts

119. Oral evidence under Section 60 of the Evidence Act may be

A. Hearsay

B. Direct

C. Both A & B

D. None of the above

120. Secondary evidence of a document means

A. Copies of that document

B. Oral account of the contents of the documents

C. Both A & B

D. None of the above

121. Admissibility of electronic record has been prescribed in Section ….. of the Indian

Evidence Act

A. Section 55

B. Section 61

C. Section 65A

D. Section 65B

122. Which documents are mentioned in Section 74 of Indian Evidence Act?

 A. Private documents

B. Public documents

C. Certified documents

D. General documents

123. Section 79 of the Evidence Act contains

A. A rebuttable presumption of law

B. An irrebuttable presumption of law

C. A presumption of fact

D. None of the above

124. Presumption as to accuracy of maps & plans made by the authority of Government is

contained in Section……of the Indian Evidence Act

A. Section 81

B. Section 82

C. Section 83

D. Section 84

125. Section 88A of Evidence Act provides for presumption as to

A. The person to whom the message is sent

B. The electronic message forwarded corresponds with the message as fed in the

computer

C. Both A & B

D. None of the above

126. Section 90 of the Evidence Act applies

A. Testamentary documents
 B. Non-testamentary documents

C. Both testamentary & non-testamentary documents

D. None of the above

127. Section 91 of the Indian Evidence Act applies to

A. Transactions which are reduced into writing voluntarily

B. Transactions which must be in writing

C. Both A & B

D. None of the above

128. Sec 92 of the Evidence Act applies to

A. Bilateral documents

B. Unilateral documents

C. Both A & B

D. None of the above

129. Extrinsic evidence to show the meaning or to supply the defects in an instrument is

prohibited under Section 93 of Evidence Act in respect of

A. Latent ambiguity

B. Patent ambiguity

C. Both A & B

D. None of the above

130. Confidential Communication with whom of the following is protected under Indian

Evidence Act, 1872?

A. To Magistrate

B. To Legal Advisor

C. To Police Officer
 D. To Revenue Officer

131. To prove the case of ‘alibi' the burden lies on

A. The prosecution

B. The complainant

C. The witness

D. The accused

132. Which section of the Indian Evidence Act provides the principle- possession is prima

facie proof of ownership?

A. Section 111

B. Section 109

C. Section 110

D. Section 106

133. Presumption under Section 113A of Indian Evidence Act is related with

A. Presumption as to dowry death

B. Presumption as to custodial death

C. Presumption as to abatement of suicide by married woman

D. None of the above

134. Section……. of the Indian Evidence Act provides for conclusive proof of legitimacy.

A. Section 110

B. Section 112

C. Section 111

D. Section 109

135. The Latin maxim, “Allegans contraria non est audiendus” is related to

A. Admission
 B. Confession

C. Estoppels

D. None of the above

136. Section 117 provides for Estoppel of

A. Acceptor of bill of exchange

B. Bailee or licensee

C. Both (A) and (B)

D. None of the above

137. Which one of the following is not a kind of estoppel under Indian Evidence Act?

A. Estoppel by will

B. Estoppel by deed

C. Estoppel by conduct

D. Estoppel by record

138. Who is not competent to become a witness?

A. Any Adult whose body/mind not functioning

B. Lunatic who is not prevented by his lunacy from understanding the questions

C. Child who is intellectually sufficiently developed to answer

D. Dumb person who is intelligent in understanding & answering the question

139. If a dumb witness testifies before the court, it would be treated as

A. Documentary Evidence

B. Oral Evidence

C. Circumstantial Evidence

D. Real Evidence

140. No judge or magistrate shall be compelled to answer

Statement I: Any question as to his own conduct in the court as such Judge/Magistrate

Statement II: As to anything which came to his knowledge in court as such Judge/Magistrate

A. Only Statement I is true

B. Only Statement II is true

C. Both Statement I and Statement II are true

D. Both Statement I and Statement II are false

141. Which type of communication is protected as privileged communication under Indian

Evidence Act?

A. Official Communications made under S.124

B. Professional Communications made under S.126

C. Both (A) and (B)

D. None of the above

142. Order of examination of witnesses can be decided as per

A. CPC, Cr. P.C.

B. In absence of any provision- discretion of the court

C. Party to legal dispute

D. All the above

143. Who has power to decide as to admissibility of evidence?

A. The party

B. Lawyers

C. Judge

D. All the above

144. Under which section of the Indian Evidence Act order of Examination has been

explained?
 A. Section 138

B. Section 137

C. Section 136

D. Section 135

145. Which of the following is not the object to Examination of Witnesses?

A. To extract truth

B. To take such testimony for which he is called by the party

C. To disprove facts which bear upon the issue in favour of the party, which has

called the witness

D. To allow only the evidence of fact & of not the law

146. In which kind of examination of witnesses leading questions may be freely asked?

A. Examination in Chief

B. Cross Examination

C. Re-Examination

D. All the above

147. What is the test to judge which question is lawful in cross examination?

If it fulfils the purpose

A. To test veracity of witness- quality of being truth

B. To discover who he is and what is his position in life

C. To shake his credit by injuring his character

D. All the above

148. Re-examination of a witness can be done

A. After examination in chief & cross examination

B. After examination in chief but before cross examination

 C. Either A or B

D. None of the above

149. Who is hostile witness?

A. One who doesn’t give evidence as per the expectations of the party which

called him

B. Whose conduct, attitude shows unwillingness to give answer

C. Injures his party’s case by supressing truth

D. All the above

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

A. Number of witnesses

B. Dumb witness

C. Accomplice

D. Hostile witness

151. Indian Evidence Act was enacted in the year -------

A. 1972

B. 1872

C. 1873

D. 2013

152. Indian Evidence Act applies to

A. Proceedings before tribunals

 B. Proceedings before the arbitrator

C. Judicial proceedings in courts

D. All the above

153. Standard of proof in

A. Civil and criminal cases is same

B. Criminal cases is much higher than in civil cases

C. Criminal case is lower than in civil cases

D. Either (A) or (C) are correct

154. Relevancy of facts forming part of same transaction is dealt under which of the

following section of the Indian Evidence Act?

A. Section 4

B. Section 8

C. Section 10

D. Section 6

155. The principle on which a dying declaration is admitted in evidence is indicated in

legal maxim:

A. nemo moriturous proesumitur mentiri

B. lex fori

C. res judicata

D. None of the above

156. Plea of alibi is relevant under Section … of the Indian Evidence Act

A. Section 10

B. Section 11

C. Section 12
 D. None of the above

157. Under section 8 of Indian Evidence Act

A. Motive is relevant

B. Preparation is relevant

C. Conduct is relevant

D. All the above

158. Admissions are not conclusive proof of the matters admitted, but they may operate as

estoppels

A. True

B. False

C. Partly true and partly false

D. None of the above

159. Confession caused by inducement, threat and promise is

A. Relevant

B. Irrelevant

C. Partially relevant and partially irrelevant

D. None of the above

160. Section 32 of Indian Evidence Act contains -----------clauses

A. 7 clauses

B. 8 clauses

C. 6 clauses

D. 5 clauses

161. Under section 45 of Evidence Act, the opinion of expert can be for

A. Identity of hand writing

 B. Identity of finger impression

C. Both (A) & (B)

D. None of the above

162. Select the correct statement

A. A confession made by an accused person is irrelevant in a criminal

proceeding, if caused by any inducement, threat or promise

B. No confession made to police officer shall be proved as against a person

accused of any offence

C. No confession made by any person in the custody of a police officer, unless it

be made in the immediate presence of a Magistrate, shall be proved as against

such person

D. All of the above

163. Which section of the Indian Evidence Act, 1872 is inserted by the Criminal law

(Amendment) Act, 2013

A. Section 53

B. Section 53A

C. Section 119

D. Section 119A

164. Declaration as to custom are admissible under Section …. Of the Indian Evidence Act

A. Sec 32 (4)

B. Sec 32 (5)

C. Sec 32 (6)

D. Sec 32 (8)
165. Fact in issue means the fact, existence or non-existence of which is

A. Admitted by the parties

B. Disputed by the parties

C. Not disputed by the parties

D. None of the above

166. Facts which exists in the minds of the people are called

A. Physical facts

B. Psychological facts

C. Positive facts

D. Negative facts

167. Contents of the document may be proved under Section 61 of the Evidence Act

A. By primary evidence

B. By secondary evidence

C. Either by primary or secondary evidence

D. None of the above

168. The circumstances under which the secondary evidence is admissible have been

enumerated in Section………. Of the Indian Evidence Act

A. Section 63

B. Section 64

C. Section 65

D. Section 66

169. A document required by law to be attested can be proved under Sec 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

170. Presumption as to the genuineness of gazettes in electronic form has been dealt with

in Section …… of the Indian Evidence Act

A. Section 73A

B. Section 81A

C. Section 88A

D. Section 90A

171. Under Section 83 of Evidence Act, presumption as to accuracy of maps & plans can

be raised in respect of maps & plans made by

A. The authority of Government

B. Private persons

C. Both A & B

D. None of the above

172. Presumption under Section 90 of the Evidence Act can be drawn in respect of

A. Certified copies

B. Original documents

C. Uncertified copies

D. All the above

173. Where the writing is a fact in issue, Section 91 of the Evidence Act

A. Prohibits admission of oral evidence to prove the contents of a document

B. Permits admission of oral evidence to prove the contents of a document

C. Both A & B
 D. None of the above

174. Electronic record in proper custody gives rise to a presumption as to the digital

signature to be affixed by that particular person under Sec 90A of Evidence Act, if the

electronic record produced is

A. Five years old

B. Ten years old

C. Fifteen years old

D. Twenty years old

175. Sec 92 of Evidence Act prohibits admission of oral evidence in respect of a written

document for the purpose of

A. Adding to its terms

B. Contradicting its terms

C. Varying its terms

D. All the above

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

A. Number of witnesses

B. Dumb witness

C. Accomplice

D. Hostile witness

177. Burden of proving that the case of accused comes within exception is provided under

A. Section 103

B. Section 104

C. Section 105

D. Section 106
178. Which are the provisions relating to the Burden of Proof under Indian Evidence Act?

A. Sections 115-118

B. Sections 101-114 A

C. Sections 91-100

D. Sections 84-90

179. Which Section provides for presumption as to dowry death

A. Section 111A

B. Section 114A

C. Section 113A

D. Section 113B

180. Section 107 provides for burden of proving death of person known to have been alive

within……years.

A. Ten

B. Twenty

C. Thirty

D. Forty

181. The expression Estoppel-derived from the French word Estoup- means,

A. Shut the mouth

B. Open the mouth

C. Shut the eyes

D. Open the eyes

182. Which one of the following is not a kind of estoppel under Indian Evidence Act?

A. Estoppel by will

B. Estoppel by deed
 C. Estoppel by conduct

D. Estoppel by record

183. Which one of the following is an accurate proposition?

A. Lunatic is not a competent witness

B. Lunatic is absolutely competent witness

C. Lunatic is a competent witness when he is able to understand the questions

and give rational answers

D. All the above

184. What is not true regarding competency of Judges & Magistrates as a witness?

A. No judge/magistrate shall be compelled to answer

B. Exceptionally can be asked to answer upon special orders of superior courts

C. To be examined as to matters occurred in his presence whilst he was acting

D. Compelled to answer any question as to his own conduct in the court as such

Judge/Magistrate

185. A husband or wife are permitted to disclose any communication between them during

marriage in

A. Matrimonial proceedings between the parties

B. Civil proceedings between the parties

C. Criminal proceedings between the parties

D. All the above

186. Who are known as ears & eyes of the court?

A. The Judges

B. The Lawyers

C. Witnesses
 D. Parties

187. Under which section of the Indian Evidence Act, the order of production and

examination of witnesses is provided?

A. Section 118

B. Section 119

C. Section 135

D. Section 101

188. Which of the following is not the type of examination of witnesses?

A. Examination in Chief

B. Counter Examination

C. Cross Examination

D. Re-Examination

189. Which is proper sequence of examination of witnesses?

A. Examination in Chief, Cross Examination, Re-Examination

B. Cross Examination, Re-Examination, Examination in Chief

C. Examination in Chief, Re-Examination, Cross Examination

D. Re-Examination, Examination in Chief, Cross Examination

190. What is true regarding Cross Examination of witnesses?

A. Examination of witness by the adverse party, shall be called as cross

examination

B. Opposite party has right to conduct

C. It is conducted after completion of examination in chief

D. All the above

191. What is the purpose of Cross Examination?

 A. To test the veracity of witness by impeaching his credit

B. To bring the supressed facts, during the examination in chief, in focus

C. To impeach the credit of the witness

D. All the above

192. What is not true about leading question?

A. It is mentioned under Section 141

B. May be asked about disputed matter

C. Asked about matter which, in opinion of the courts, have been already proved

D. It is the question which suggests an answer which the person putting the

question wishes to receive it

193. Which of the following examination of witnesses is not treated as an essential part of

judicial proceeding?

A. Examination in Chief

B. Cross Examination

C. Re-Examination

D. All the above

194. Under Section 41 of the Evidence Act the presumption is with respect to

judgements-

A. In personam

B. In rem when they are inter-parties

C. In rem whether such judgements are inter-parties or not

D. All the above

195. Husband & wife both are competent witnesses for & against each other

A. In civil proceedings
 B. In criminal proceedings

C. In both civil & criminal proceedings

D. None of the above

196. Estoppel is a rule of

A. Civil action

B. Criminal action

C. Both civil & criminal action

D. None of the above

197. Burden of introducing evidence under Section 102 of the evidence

A. Constantly shifts

B. Never shifts

C. Occasionally shifts

D. None of the above

198. In criminal trials, the onus is on the accused to prove that his case falls in any of

A. The general exception

B. The special exception

C. The proviso to any provision

D. All the above

199. Presumptions under the law of Evidence are

A. Presumption of law

B. Presumption of facts

C. Both A & B

D. None of the above

200. Indian Evidence Act applies to proceedings

A. Before the arbitrator

B. In Courts

C. Before tribunals

D. All the above

 MCQ OF LAW OF EVIDENCE
1. Generally dying declarations are admissible as evidence
under-
A. Section 20 of the Indian Evidence Act, 1872
B. Section 25 of the Indian Evidence Act, 1872
C. Section 32 of the Indian Evidence Act, 1872
D. Section 35 of the Indian Evidence Act, 1872
Ans. C
2. Which of the following statements hold true for dying
declarations?
A. Dying declarations cannot be used as a sole basis of conviction
B. Dying declarations unless corroborated cannot be used as sole basis of
conviction
C. Dying declaration which is brief must be discarded
D. When eyewitness affirms that the deceased was not in a fit state to make
the declaration, medical opinion cannot prevail
Ans. D
3. In which of the following cases the evidence given by the
witness will NOT be relevant under section 33 of the Indian
Evidence Act, 1872?
A. When the witness is staying abroad
B. When the witness is dead
C. When witness cannot be found
D. When the witness is in coma
Ans. A
4. 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
Ans. C
5. A party wants to set aside a judgement under section 44 of the
Indian Evidence Act, 1872. In which of the following
circumstances can he do so?
A. In case the judgement was passed by a superior Court
B. In case the person challenging is a stranger to the proceedings
C. In case the judgement was a result of gross negligence
D. All of these
Ans. A
6. According to section 61 of the Indian Evidence Act, 1872 –
A. The contents of documents must be proved by primary evidence
B. The contents of documents must be proved by secondary evidence
C. The contents of documents must be proved by both primary and
secondary evidence
D. The contents of documents must be proved either by primary or
secondary evidence
Ans. D
7. Definition of secondary evidence has been given under
_________ of the Indian Evidence Act, 1872?
A. Section 61
B. Section 62
C. Section 63
D. Section 64
Ans. C
8. B, an accused wants to submit carbon copy of the suicide note
as secondary evidence. The original is with the opposite party
and he has failed to produce the same. The suicide was not
within the knowledge of the accused prior to the receipt of
carbon copy. Which of the following statements will hold true for
the case?
A. The evidence cannot be admitted due to applicability of section 30 of the
Indian Evidence Act
B. The evidence cannot be admitted because it fails to satisfy the
requirements of section 64 of the Indian Evidence Act, 1872
C. The evidence cannot be admitted because it fails to satisfy the
requirements of section 65 of the Indian Evidence Act, 1872
D. The evidence can be admitted as it satisfies the requirements of both
section 64 and section 65 of the Indian Evidence Act, 1872
Ans. D
9. According to section 65 of the Indian Evidence Act, 1872 the
secondary evidence can be admitted in ________ exceptional
cases.
A. Three
B. Five
C. Seven
D. Nine
Ans. C
10. Which of the following sections of the Indian Evidence Act,
1872 gives provisions regarding proof as to electronic
signatures?
A. Section 67
B. Section 67A
C. Section 67B
D. Section 67C
Ans. B
11. Which of the following section of the Indian Evidence Act
deals with proof of other official documents?
A. Section 78
B. Section 82
C. Section 71
D. Section 74
Ans. A
12. Which of the following section of the Indian Evidence Act,
1872 has been amended by the Criminal Law (Amendment) Act,
2013?
A. Section 32
B. Section 55
C. Section 119
D. Section 124
Ans. C
13. Which of the following statements hold true for section 154 of
the Indian Evidence Act, 1872?
A. The Court is bound to give leave if the requirements are met
B. The witness must be declared hostile before making a plea under this
section
C. The Court can give the leave under this section suo motu
D. All of these
Ans. C
14. Which of the following questions is proper under section 148
of the Indian Evidence Act, 1872?
A. If the imputation refers to matters remote in time
B. If the imputation refers to such matters that its truth does not affect the
credibility of the witness
C. If they are of such nature that the truth of the imputations touches the
credibility of the witness
D. If there is great disproportion between the importance of the imputation
and the importance of the evidence
Ans. C
15. During the cross examination of the witness as to previous
statements made before the police almost all contradictions or
omissions were brought on record, which were portions from
the statements made before the police that were not deposed
before the court. Which of the following statements will apply to
the case?
A. The credibility of the witness has been impeached under section 148 of
the Indian Evidence Act, 1872
B. The credibility of the witness has been impeached under section 145 of
the Indian Evidence Act, 1872
C. The credibility of the witness has not been impeached because the
contradictions were not as contemplated under section 145 of the Indian
Evidence Act, 1872
D. The credibility of the witness has not been impeached because the
protection under section 154 of the Indian Evidence Act, 1872 will apply
Ans. C
16. A person summoned to produce a document-
A. Does not become a witness in the case unless he is called as a witness
B. Automatically becomes a witness in the case
C. Automatically becomes an hostile witness in the case
D. Can be cross examined without being called as a witness
Ans. A
17. 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
Ans. B
18. _________________ section of the Indian Evidence Act,
1872 was inserted by the Criminal law (Amendment) Act, 2013.
A. Section 53
B. Section 53 A
C. Section 119
D. Section 119A
Ans. B
19. An admission is NOT relevant in a civil case if it is-
A. Relevant otherwise than as an admission
B. Proceeding from a person in authority
C. Made under circumstances from which the court can infer that the
parties agreed together that evidence of it should not be given
D. Made by a pleader, attorney or a vakil
Ans. C
20. Opinions of an expert expressed in a book commonly offered
for sale CANNOT be proved by the production of such book-
A. If the author is dead
B. It the author cannot be found
C. If the author has become incapable of giving evidence
D. If the author has gone abroad on vacation
Ans. D
21. Which of the following section of the Indian Evidence Act
does not apply to interrogations by a Customs Officer exercising
power under Section 171 -A of the Sea Customs Act?
A. Section 131
B. Section 132
C. Section 133
D. Section 134
Ans. B
22. Which of the following section prescribe the method by
which signature can be proved?
A. Section 45, Indian Evidence Act
B. Section 46, Indian Evidence Act
C. Section 47, Indian Evidence Act
D. both (A) and (B)
Ans. D
23. Which of the following is true of the effects of admissions?
A. an admission constitutes a substantive piece of evidence in the case and,
for that reason, can be relied upon for proving the truth of the facts
incorporated therein
B. an admission has the effect of shifting the onus of proving to the contrary
on the party against whom it is produced, with the result that it casts an
imperative duty on such party to explain it. In the absence of a satisfactory
explanation, it is presumed to true
C. an admission, in order to be competent and to have the value and effect
referred to above should be clear, certain and definite, and not ambiguous,
vague to be true
D. all of them
Ans. D
24. An attesting witness is:
A. one who signs his name to an instrument, at the request of the party or
parties, for the purposes of proving or identifying it
B. a witness who has attested the document
C. both (A) and (B)
D. none of them
Ans. C
25. A intentionally and falsely leads B to believe that certain land
belongs to A, and thereby induces B to buy and pay for it. The
land afterwards becomes the property of A, and A seeks to set
aside the sale on the ground that, at the time of the sale, he had
no title. Applying Section 115, Indian Evidence Act:
A. He must be allowed to prove his want of title
B. He may be allowed to prove his want of title
C. He must not be allowed to prove his want of title
D. none of them
Ans. C
26. Admissible evidence is thus that which is:
A. relevant
B. not excluded by any rule of law or practice
C. either (A) or (B)
D. both (A) and (B)
Ans. D
27. A is accused of a crime committed by him at Calcutta. He
produces a letter written by himself and dated at Lahore on that
day, and bearing the Lahore post-mark of that day. Applying
Section 21, Indian Evidence Act, which of the following is
possible?
A. The statement in the date of the letter is admissible, because, if A were
dead, it would be admissible under Section 27, clauses (2)
B. The statement in the date of the letter is admissible, because, if A were
dead, it would be admissible under Section 29, clauses (2)
C. The statement in the date of the letter is admissible, because, if A were
dead, it would be admissible under Section 32, clauses (2)
D. The statement in the date of the letter is admissible, because, if A were
dead, it would be admissible under Section 34, clauses (2)
Ans. C
28. A is tired for a riot and is proved to have marched at the head
of a mob. Applying Section 9, Indian Evidence Act:
A. The cries of the mob are irrelevant as it does not explain the nature of the
transaction
B. The cries of the mob are relevant as explanatory of the nature of the
transaction
C. either (A) or (B)
D. none of them
Ans. B
29. A, a sculptor, agrees to sell to B, “all my mods.” A has both
models and modelling tools. Applying Section 98, Indian
Evidence Act:
A. evidence cannot be given to show which he meant to sell
B. evidence needed not be given to show which he meant to sell
C. evidence may be given to show which he meant to sell
D. none of them
Ans. C
30. Entry in the Monzawari Register is admissible under:
A. Section 32, Indian Evidence Act
B. Section 35, Indian Evidence Act
C. Section 37, Indian Evidence Act
D. Section 39, Indian Evidence Act
Ans. B
31. In criminal cases under Section 54, Indian Evidence Act to
prove that the defendant committed the crime charged, evidence
may not be given that he:
A. bore a bad reputation in the community
B. has a disposition to commit crime of that kind
C. had no other occasions committed particular acts of the same class
evincing such disposition
D. all of them
Ans. D
32. In which of the following cases did the court held that a party
who produces witnesses in court produces them as witnesses of
truth; and simply because portions of their statements are not
favourable to the party producing them, they cannot be
condemned as biased witnesses?
A. Gyasuddin Khan v. State of Bihar, AIR 2004 SC 201, para 12 : 2004 CrLJ
395
B. Lekhraj v. State of Gujarat, AIR 1998 SC 242 : 1998 CrLJ 396.
C. Gulabchand Ganbhiramal v. Kudilal Govindram, AIR 1959 MP 151 : 1961
CrLJ 55 (FB).
D. Siddiqua v. Narcotics Control Bureau, 2007 CrLJ 1471, 1480 (para 17)
(Del).
Ans. C
33. In which of the following proceeding of domestic tribunals
and departmental enquiries, the Indian Evidence Act is not
applicable?
A. officers conducting departmental inquiries
B. departmental proceedings
C. disciplinary proceedings tribunal
D. all of them
Ans. D
34. Proviso 1 to Section 33, Indian Evidence Act, not only covers
cases of privity in estate and succession of title, but also cases
where which of the following condition is met?
A. the interest of the relevant party in the second proceeding is the subject
matter of the first proceeding and is consistent with and not antagonistic to
the interest therein of the relevant party to the first proceeding
B. the interest of both in the answer to be given to the particular question in
issue in the first proceeding is identical
C. either (A) or (B)
D. both (A) and (B)
Ans. D
35. Relevancy of facts forming part of same transaction is dealt
under which of the following section of the Indian Evidence Act?
A. Section 4
B. Section 6
C. Section 10
D. Section 8
Ans. B
36. Section 132 of the Indian Evidence Act does not apply to a
statement made by a person during an investigation under:
A. Section 159 Cr. P.C
B. Section 161 Cr. P.C
C. Section 163 Cr. P.C
D. Section 166 Cr. P.C
Ans. B
37. Section 31, Indian Evidence Act declares:
A. that admissions are not conclusive proof of the matters admitted, but
they may operate as estoppels
B. Unless admissions are contractual or unless they constitute estoppels
they are not conclusive, but are open rebuttal or explanation.
C. either (A) or (B)
D. both (A) and (B)
Ans. D
38. Section 65, Indian Evidence Act with which of the following
situation under which secondary evidence can be given?
A. when the original is shown or appears to be in possession and power of
the person against whom the document is sought to be proved
B. when it is in possession or power of any person who is out of reach, or
not subject to the process of the Court
C. when it is in the possession of any person legally bound to produce it, but
he fails to produce it after the notice mentioned in Section 66, Indian
Evidence Act is given to him
D. all of them
Ans. D
39. The defence of alibi is best because:
A. if the accused was not there, when the deceased was murdered, he could
not have murdered her
B. once the pleas of alibi is raised no other defence is open to the
prosecution
C. it leaves room for no other defence for the accused
D. none of them
Ans. A
40. An estate called “the Rampur Tea Estate” is sold by a deed
which contains a map of the property sold. Applying Section 92,
Indian Evidence Act:
A. the fact that land not included in the map had always been regarded as
part of the estate and was meant to pass by the deed need not be proved
B. the fact that land not included in the map had always been regarded as
part of the estate and was meant to pass by the deed is irrelevant
C. the fact that land not included in the map had always been regarded as
part of the estate and was meant to pass by the deed cannot be proved
D. none of them
Ans. C
41. Which of the following is the way to assess damage under
Section 12, Indian Evidence Act?
I. the damage suffered should be near as possible to the sum which will put
the injured party in the same position as he would have been if he had not
sustained the wrong for which he was awarded damages or compensation
II. damages are usually assessed on the basis of actual loss suffered and are
called general or ordinary damages
III. where the plaintiff has not suffered any real damages by reason of
breach of contract, normally, nominal damages are awarded
IV. special damages can be awarded for personal inconveniences or
physical dis-comfort caused by the other party
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. all of them
Ans. D
42. The history sheet of an accused person, kept in the police
station is not a man’s character, as it is based on:
A. conviction
B. hearsay
C. investigation
D. none of them
Ans. B
43. 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
Ans. A
44. The principles of Section 44, Indian Evidence Act cannot be
extended to which of the following?
A. misrepresentation or undue influence
B. fraud
C. collision
D. all of them
Ans. A
45. 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
46. The question is, whether A poisoned B. Applying Section 6,
Indian Evidence Act which of the following facts can be relevant?
A. marks on the ground produced by a struggle at or near the place where
the murder was committed
B. the state of B’s health before the symptoms ascribed to poison, and
habits of B, known to A, which afforded an opportunity for the
administration of poison
C. the facts that shortly before the poisoning, B went to a fair with money in
possession, and that he showed it or mentioned the fact that he had it, to
third persons
D. none of them
Ans. B
47. To invoke the doctrine of estoppel which of the following
condition must be satisfied?
A. representation by a person to another
B. the other shall have acted upon the said representation
C. such person shall have been detrimental to the interest of the person to
whom the representation has been made
D. all of them
Ans. D
48. What do you understand by admission of execution?
A. it means only admission of signature
B. it means only valid attestation of the signature by two witnesses as
required by law
C. both (A) and (B)
D. none of them
Ans. D
49. Under Section 82, Indian Evidence Act the Court must
presume:
A. that the seal or stamp or signature is genuine
B. that the person signing the document held, at the time when he signed,
the judicial or official character he claims
C. both (A) and (B)
D. none of them
Ans. C
50. What do you understand by libellous character?
A. constituting or containing a libel
B. constituting or containing a praise
C. constituting or containing a commendation
D. none of them
Ans. A
51. A dying declaration to be admissible:
(a) must be made before a Magistrate
(b) must be made before the police officer
(c) may be made before a doctor or a private person
(d) may be made either before a magistrate or a police officer or a doctor or
a private person.
Ans. (d)
52. Declaration in course of business are admissible:
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
Ans. (b)
53. Declaration as to custom are admissible:
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
Ans. (c)
54. Under section 32(4) of Evidence Act, the declaration:
(a) as to public rights & customs are admissible
(b) as to private rights & customs are admissible
(c) as to both public and private rights and customs are admissible
(d) only as to customs are admissible.
Ans. (a)
55. Opinions of experts are relevant:
(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.
Ans. (a)
56. Under section 45 of Evidence Act, the opinion of expert can
be for:
(a) identity of hand writing
(b) identity of finger impression
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
57. Under section 45 of Evidence Act the opinion of expert can be
on the question of:
(a) Indian law
(b) Foreign law
(c) both (a) & (b)
(d) only (a) & not (b).
Ans. (b)
58. Opinion of an expert under section 45 of Evidence Act:
(a) is a conclusive proof
(b) is not a conclusive proof
(c) is supportive & corroborative in nature
(d) either (a) or (c).
Ans. (c)
59. A disputed handwriting can be proved:
(a) by calling an expert
(b) by examining a person acquainted with the handwriting of the writer of
the questioned document
(c) by comparison of the two-admitted & disputed handwritings
(d) all the above.
Ans. (d)
60. The res inter alia acta is receivable:
(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.
Ans. (b)
61. Entries in the books of accounts regularly kept in the course
of business are admissible under section 34 of Evidence Act:
(a) if they by themselves create a liability
(b) if they by themselves do not create a liability
(c) irrespective of whether they themselves create a liability or not
(d) either (a) or (b).
Ans. (c)
62. When the court has to ascertain the relationship between one
person and another, the opinion of any person having special
means of knowledge and expressed by conduct is admissible:
(a) under section 51 of Evidence Act
(b) under section 50 of Evidence Act
(c) under section 52 of Evidence Act
(d) under section 49 of Evidence Act.
Ans. (b)
63. The relationship in section 50 of Evidence Act means:
(a) relationship by blood only
(b) relationship by blood or marriage
(c) relationship by blood or marriage or adoption
(d) only (a) and not (b) & (c).
Ans. (c)
64. Opinion as to relationship of marriage under section 50 of
CPC:
(a) is admissible in cases of offences against marriage
(b) is admissible in proceedings under Indian Divorce Act
(c) is admissible both in (a) & (b)
(d) is neither admissible in cases of offences against marriage nor in
proceedings under Indian Divorce Act
Ans. (d)
65. Propositions under Evidence Act are:
I. In civil cases, character evidence is inadmissible unless the character of a
party is a fact in issue. II. In criminal cases, the evidence of good character
is admissible generally.
III. In criminal proceedings, evidence of bad character is inadmissible
unless the same is a fact in issue.
IV. In criminal proceedings evidence of bad character is admissible when
evidence of good character has been given.
In relation to the above propositions which of the following is
correct statement:
(a) all the four (I, II, III & IV) are correct
(b) I, II & III are correct but IV is incorrect
(c) I & II are correct but III & IV are incorrect
(d) I & III are correct but II & IV are incorrect
(e) I, II & IV are correct but III is incorrect
(f) II, III & IV are correct but I is incorrect.
Ans. (a)
66. Facts of which the judicial notice is to be taken are stated in:
(a) section 56 of Evidence Act
(b) section 57 of Evidence Act
(c) section 58 of Evidence Act
(d) section 55 of Evidence Act.
Ans. (b)
67. List of facts of which the judicial notice has to be taken under
section 57 of Evidence Act:
(a) is exhaustive
(b) is illustrative only
(c) is both (a) & (b)
(d) is neither (a) nor (b).
Ans. (b)
68. Facts which need not be proved by the parties include:
(a) facts of which judicial notice has to be taken
(b) facts which have been admitted by the parties at or before the hearing
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
69. The court may in its discretion call for proving the facts:
(a) of which judicial notice has to be taken
(b) which have been admitted otherwise than such admissions
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (b)
70. Oral evidence under section 60 of Evidence Act may be:
(a) direct only
(b) hearsay
(c) both (a) & (b)
(d) either (a) or (b).
Ans. (a)
71. Contents of a document under section 59 of Evidence Act:
(a) can be proved by oral evidence
(b) cannot be proved by oral evidence
(c) may or may not be proved by oral evidence
(d) can only be proved by oral evidence under the order of the court.
Ans. (b)
72. Contents of a document may be proved under section 61 of
Evidence Act:
(a) by primary evidence
(b) by secondary evidence
(c) either by primary or by secondary evidence
(d) only by primary evidence & not by secondary evidence.
Ans. (c)
73. Secondary evidence of a document means:
(a) copies of that document
(b) oral account of the contents of the documents
(c) both (a) & (b)
(d) only (a) & not (b).
Ans. (c)
74. Secondary evidence of a document is admissible as a
substitute for:
(a) admissible primary evidence
(b) inadmissible primary evidence under certain circumstances
(c) inadmissible primary evidence under all the circumstances
(d) both (a) & (b) are correct.
Ans. (a)
75. The circumstances under which the secondary evidence is
admissible have been enumerated in:
(a) section 63 of Evidence Act
(b) section 64 of Evidence Act
(c) section 65 of Evidence Act
(d) section 66 of Evidence Act.
Ans. (c)
76. Secondary evidence is admissible:
(a) where the non-production of primary evidence has not been accounted
for
(b) where the non-production of primary evidence has been accounted for
(c) irrespective of whether the non-production of primary evidence has
been accounted for or not
(d) both (a) & (c) are correct.
Ans. (b)
77. Oral account of the contents of a document is admissible:
(a) when given by a person who has seen & read the document
(b) when given by a person who has seen but not read the document
(c) when given by a person to whom the document was read over
(d) when given by any of the above.
Ans. (a)
78. A document required by law to be attested can be proved
under section 68 of Evidence Act only:
(a) by calling both the attesting witnesse
(b) by calling at least one of the attesting witnesses
(c) by calling none of the attesting witnesses but by calling some other
person who has the knowledge of the contents
(d) all of the above are correct.
Ans. (b)
79. The calling of at least one attesting witness to prove a
document under section 68 is not necessary:
(a) when the document other than a will is registered under the Indian
Registration Act, 1908
(b) when the document including Will is registered under the Indian
Registration Act, 1908
(c) when the document irrespective of whether it is a Will, is registered
under the Indian Registration Act, 1908
(d) both (b) & (c) are correct.
Ans. (a)
80. A will is required to be proved by calling at least one attesting
witness:
(a) when it is registered
(b) when it is unregistered
(c) when it is admitted
(d) all of the above.
Ans. (d)
81. Public documents are mentioned in:
(a) section 72 of Evidence Act
(b) section 73 of Evidence Act
(c) section 74 of Evidence Act
(d) section 75 of Evidence Act.
Ans. (c)
82. Documents which are not covered under section 74 of
Evidence Act are called:
(a) semi-public documents
(b) quasi-public documents
(c) private documents
(d) all the above.
Ans. (c)
83. Maxim ‘omnia proesumuntur rite esse acta’ means:
(a) all acts are presumed to be rightly done
(b) all acts are presumed to be not rightly done
(c) all acts are presumed to be wrongly done
(d) all acts are presumed to be not wrongly done.
Ans. (a)
84. Admissibility of electronic record has been prescribed
under:
(a) section 65 of Evidence Act
(b) section 65A of Evidence Act
(c) section 65B of Evidence Act
(d) section 66 of Evidence Act.
Ans. (c)
85. Principle of ‘omnia proesumuntur rite esse acta’ is contained
in:
(a) section 78 of Evidence Act
(b) section 79 of Evidence Act
(c) section 80 of Evidence Act
(d) section 81 of Evidence Act.
Ans. (b)
86. Section 79 of Evidence Act applies to:
(a) certificates issued by a Government officer
(b) certified copies issued by a Government officer
(c) other documents duly certified to be genuine by a Government officer
(d) all the above.
Ans. (d)
87. Section 79 of Evidence Act contains:
(a) an irrebuttable presumption of law
(b) a rebuttable presumption of law
(c) a presumption of fact
(d) no presumption either of fact or law.
Ans. (b)
88. Sections 79 to 85 of Evidence Act contain:
(a) presumption of facts
(b) rebuttable presumptions of law
(c) irrebuttable presumption of law
(d) irrebuttable presumptions of facts.
Ans. (b)
89. Presumption as to the accuracy of maps & plans made by the
authority of Government is contained in:
(a) section 81 of Evidence Act
(b) section 82 of Evidence Act
(c) section 83 of Evidence Act
(d) section 84 of Evidence Act.
Ans. (c)
90. Under section 83 of Evidence Act, presumption as to
accuracy of maps & plans can be raised in respect of:
(a) maps & plans made by private persons
(b) maps & plans made by the authority of Government
(c) both (a) & (b) above
(d) only (a) & not (b).
Ans. (b)
91. Which of the following section of the Indian Evidence Act
does not apply to interrogations by a Customs Officer exercising
power under Section 171 -A of the Sea Customs Act?
A. Section 131
B. Section 132
C. Section 133
D. Section 134
Ans: B
92. Which of the following is true of the effects of admissions?
A. An admission constitutes a substantive piece of evidence in the case and,
for that reason, can be relied upon for proving the truth of the facts
incorporated therein
B. An admission has the effect of shifting the onus of proving to the
contrary on the party against whom it is produced, with the result that it
casts an imperative duty on such party to explain it. In the absence of a
satisfactory explanation, it is presumed to true
C. An admission, in order to be competent and to have the value and effect
referred to above should be clear, certain and definite, and not ambiguous,
vague to be true
D. All of them
Ans: D
93. A intentionally and falsely leads B to believe that certain land
belongs to A, and thereby induces B to buy and pay for it. The
land afterwards becomes the property of A, and A seeks to set
aside the sale on the ground that, at the time of the sale, he had
no title. Applying Section 115, Indian Evidence Act:
A. He must be allowed to prove his want of title
B. He may be allowed to prove his want of title
C. He must not be allowed to prove his want of title
D. None of them
Ans: C
94. A is accused of a crime committed by him at Calcutta. He
produces a letter written by himself and dated at Lahore on that
day, and bearing the Lahore post-mark of that day. Applying
Section 21, Indian Evidence Act, which of the following is
possible?
A. The statement in the date of the letter is admissible, because, if A were
dead, it would be admissible under Section 27, clauses (2)
B. The statement in the date of the letter is admissible, because, if A were
dead, it would be admissible under Section 29, clauses (2)
C. The statement in the date of the letter is admissible, because, if A were
dead, it would be admissible under Section 32, clauses (2)
D. The statement in the date of the letter is admissible, because, if A were
dead, it would be admissible under Section 34, clauses (2)
Ans: C
95. A, a sculptor, agrees to sell to B, “all my mods.” A has both
models and modelling tools. Applying Section 98, Indian
Evidence Act:
A. Evidence cannot be given to show which he meant to sell
B. Evidence needed not be given to show which he meant to sell
C. Evidence may be given to show which he meant to sell
D. None of them
Ans: C
96. In criminal cases under Section 54, Indian Evidence Act to
prove that the defendant committed the crime charged evidence
may not be given that he:
A. Bore a bad reputation in the community
B. Has a disposition to commit crime of that kind
C. Had no other occasions committed particular acts of the same class
evincing such disposition
D. All of them
Ans: D
97. In which of the following proceeding of domestic tribunals
and departmental enquiries, the Indian Evidence Act is not
applicable?
A. Officers conducting departmental inquiries
B. Departmental proceedings
C. Disciplinary proceedings tribunal
D. All of them
Ans: D
98. Relevancy of facts forming part of same transaction is dealt
under which of the following section of the Indian Evidence Act?
A. Section 4
B. Section 6
C. Section 10
D. Section 8
Ans: B
99. Section 31, Indian Evidence Act declares:
A. That admissions are not conclusive proof of the matters admitted, but
they may operate as estoppels
B. Unless admissions are contractual or unless they constitute estoppels
they are not conclusive, but are open rebuttal or explanation.
C. Either (A) or (B)
D. Both (A) and (B)
Ans: D
100. The defence of alibi is best because:
A. If the accused was not there, when the deceased was murdered, he could
not have murdered her
B. Once the pleas of alibi is raised no other defence is open to the
prosecution
C. It leaves room for no other defence for the accused
D. None of them
Ans: A
101. Which of the following is the way to assess damage under
Section 12, Indian Evidence Act?
I. The damage suffered should be near as possible to the sum which will put
the injured party in the same position as he would have been if he had not
sustained the wrong for which he was awarded damages or compensation
II. Damages are usually assessed on the basis of actual loss suffered and are
called general or ordinary damages
III. Where the plaintiff has not suffered any real damages by reason of
breach of contract, normally, nominal damages are awarded
IV. Special damages can be awarded for personal inconveniences or
physical dis-comfort caused by the other party
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. all of them
Ans: D
102. 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
Ans: A
103. The proviso to the Section 65, Indian Evidence Act has been
added by which of the following Act?
A. Act XXXI of 1926
B. Act XXII of 1926
C. Act XIII of 1926
D. Act XIV of 1926
Ans: A
104. To invoke the doctrine of estoppel which of the following
condition must be satisfied?
A. Representation by a person to another
B. The other shall have acted upon the said representation
C. Such person shall have been detrimental to the interest of the person to
whom the representation has been made
D. All of them
Ans: D
105. Under Section 82, Indian Evidence Act the Court must
presume:
A. That the seal or stamp or signature is genuine
B. That the person signing the document held, at the time when he signed,
the judicial or official character he claims
C. Both (A) and (B)
D. None of them
Ans: C
106. 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
107. 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
108. 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
109. 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
110. 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
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