THE INDIAN EVIDENCE ACT, 1872

1. The Bill of Evidence Act was prepared by

a) Fourth Law Commission
(b) Sir Henry Maine
(c) Sir James Stephen
(d) None of the above
Ans.C
2. Indian Evidence Act applies to
a) Civil proceedings only
b) Criminal proceedings only
(c) Both the civil and criminal proceedings
(d) None of the above
Ans.C
3. As per preamble of the Indian Evidence Act, 1872, the purpose of
this Act is:
(a) to provide, define and amend the law of evidence
(b) to provide, consolidate the law of evidence
c) to define and amend the law of evidence
(d) to consolidate, define and amend the law of evidence
Ans.D
4. The Law of Evidence is
(a) substantive law
(b) procedural law
(c) only natural law
(d) All of the above
Ans.B
5. Which of the following is not included in the expression ‘court’ under
the Indian Evidence Act”
(a) All judges
(b) All persons legally authorized to take evidence
(c) All magistrates
(d) Arbitrator
Ans.D
6. Law of Evidence is:
(a) lex fori
(b) lex loci
(c) lex situs
(d) none of the above
Ans.A
7. Which of the following is a document within the meaning of
‘Document’ under section 3?
(a) Writing on the walls
(b) inscription on stone
(c) Papers of contract
(d) All of the above
Ans.D
8. Expressions ‘proved and ‘disproved are based On
(a) Certainty
(b) Belief
(c) Probability
(d) Either (b) or (c)
Ans.D
9. Which of the following is included in the definition of ‘evidence’ by the
Information Technology Act 2000?
(a) Social media
(b) E-mail
(c) Electronic record
(d) Compact Disk
Ans.C
10. In deciding whether a fact is proved or disproved, the judge shall
apply
(a) The standard of a judicially trained mind
(b) The standard of a prudent man
(C) Either (a) or (b)
(d) None of the above
Ans.B
11. The Indian Evidence Act deals with:
(a) Presumptions of law
(b) Presumptions of fact
(c) Does not deal in presumptions
(d) Both (a) and (b)
Ans.D
12. Which of the following is a ‘fact’?
(a) Any mental condition of which any person is conscious
(b) Any thing state of things or relation of things capable of being
perceived by the senses
(c) Both (a) and (b)
(d) None of the above
Ans.C
13. Which of the following is a fact?
(a) That a man holds a certain opinion, has a certain intention, acts in
good faith or fraudulently, or uses a particular word in a particular
sense, or is or was at a specified time conscious of particular sensation
(b) That a man has a reputation
(c) Both (a) and (b) are facts Certain
(d) None of the above
Ans.C
14. Any matter, expressed or described upon any substance by means
of Letters, figures or marks, or by more than one of those
means,intended to Be used or which may be used, for the purpose of
recording that matter is
(a) Admission
(b) Proof
(c) A document
(d) None of the above
Ans.C
15. Document produced for the inspection of the court includes:
(i) A written document
ii) A caricature
iii) An electronic record
iv) An inscription on stone
a) (I) and (iv)
b) (i) , (ii) and (iv)
C) ( i) , (ii) , (iii) and (iv)
d) (I ) , (ii) and (iii)
Ans.C
16. One fact is said to be relevant another when the one is connected
with the other in any of the referred to provisions ……… Of this act.
(a) Sections 3 to 55
(b) Sections 5 to 55
(C) Sections 3 to 65
(d) Sections 5 to 65
Ans.B
17. A is accused of committing murder of R. Evidence is sought to be
given of the fact that R had murdered A’s brother and A had threatened
that he would take revenge:
(a) It is relevant evidence under Sec. 8, as A had a motive to kill R
(b) It is relevant under sec. 9 as it is explanatory
(c) It is relevant under Sec. 6 as forming the part of same transaction
(d) None of the above
Ans.B
18. Under section 8 of Evidence Act
(a) motive is relevant
(b) preparation is relevant
(c) conduct is relevant
(d) all the above.
Ans.D
19. For conduct to be relevant under section 8 of Evidence Act, it
(a) must be previous
(b) must be subsequent
(c)may be either previous or subsequent
(d) only subsequent & not previous.
Ans.C
20. Facts which are necessary to explain or introduce relevant facts of
place, name, date, relationship & identity of parties are relevant
(a) under section 8 of Evidence Act
(b) under section 9 of Evidence Act
(c)under section 10 of Evidence Act
(d) under section 11 of Evidence Act.
Ans.B
21.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) 1s relevant.
Ans.C
22. identifications of a suspect by photo is
(a) admissible in evidence
(b) not admissible in evidence
(c) section 9 of Evidence Act excludes identification by photo
(d) section 8 of Evidence Act excludes identification by photo.
Ans.A
23. Things said or done by a conspirator in reference to the common
design is relevant
(a) under section 12 of Evidence Act
(b) under section 6 of Evidence Act
(c) under section 10 of Evidence Act
(d) under section 8 of Evidence Act
Ans.C
24. 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 7
(c) under section 30 of Evidence Act
(d) both (b) and (c).
Ans.C
25. plea of Alibi is governed by
(a) section 6 of Evidence Act
(b) section 8 of Evidence Act
(C) section 12 of Evidence Act
(d) section 11 of Evidence Act.
Ans.D
26. Transaction and instances relating or custom are relevant
(a) under section 6 of Evidence
(b) under section 80 of Evidence Act
(c) under section 10 of Evidence Act
(d) under section 13 of Evidence Act.
Ans.D
27. ‘Necessity rule’ as to the admissibility of evidence is contained in
section:
(a) 31
(b) 26
(c) 32
(d) 27
Ans.C
28. Section 13 of Evidence Act
(a) is confined to public rights & does cover private rights
(b) is not confined to public rights and cover private rights also
(C) is confined to private rights and does not cover public rights
(d) either (a) or (c) is correct.
Ans.B
29. Mode of proof of a custom is contained in
(a) section 32(4) of Evidence Act
(b) section 32(7) of Evidence Act
(c) section 48 of Evidence Act-
(d) all the above.
Ans.D
30. 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 a body.
Ans.C
31. 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 question is admissible
(c) both (a) & (b) are correct
(d) both (a) & (b) are incorrect
Ans.C
32. Case Mirza Akbar v King Emperor (AIR 1949 PC 176) is related to
section:
(a) 11
(b) 10
(c) 13
(d) 14
Ans.B
33. In the Law of Evidence Fact means and includes:
(a) Anything perceived by the senses
(b) State of things capable of being perceived by the sense
(c) Mental condition of which a person is conscious
(d) All of the above.
Ans.D
34. A dying-declaration is relevant evidence under section 32 of the
Evidence Act notwithstanding it being hearsay evidence because
(a) A statement by a person as to the cause of his death is treated in
law as a solemn statement
(b) If a person is dead and anything said by the person as to the cause
of the death is relevant, since the dead person cannot be brought
before the court to testify, necessity makes it inevitable to admit said
statement
(c) Because it is believed that a person would to meet his maker with
lies in his mouth
(d) because society owns a Duty to dead person to give them justice.
Ans.B
35. Indian Evidence Act does not apply to
1.proceedings before an arbitrator
2. affidavits submitted by the deponent of his own
3. statements made by a child
4. statements of a person whose past is criminal
Select the correct answer using the code given below:
(a) 1 and 4
(b) 1 and 3
(c) 1and 2
(d) 2 only
Ans.C
36. The question is whether the murder of X was committed Y. The
fact that Y produce an admission slip of hospital indicating dislocation
of his hip bone during the period of alleged murder . which one
among the follow provision of the Indian Evidence Act under which it
is relevant?
(a) Section 6
(D) Section 9
(c) Section 10
(d) Section 11
Ans.D
37. The Rigour or conclusive presumption of legitimacy under section
112 of the Indian Evidence act can only be rebutted by :
(a) DNA testing about paternity
(b) non-access of parties
(C) the fact that wife was Observing s menstrual period
(d) the fact that the wife had undergone tubectomy recently.
Ans.B
38. In which of the following cases the Supreme Court of India said
that it is not absolute rule of law that dying-declaration must be
corroborated by other evidence betore it can be acted upon’?
(a) Sharad Birdichanaharda v. St Maharashtra
(b) Pakala Naralyaria Swami v. Emperor
(c) Kaushal Kao v. State of Bombay
(d) Harjit Kaur v. State of Punjab.
Ans.C
39. ‘Maxim Omnia proesumuntur rite esse acta’ means:
(a) All acts presumed to be rightly done
(b) All acts presumed to be wrongly done
(c) All acts presumed to be wrongly done
(d) None of the above
Ans.A
40. Indian Evidence Act deals with:
1. Relevancy of evidence
2. Reliability of evidence
3. Admissibility of evidence
Select the correct answer using the code below:
(a) 1 and 2 only
(b) 1 and 3 only
C) 3 only
(d) 1,2 and 3.
Ans.B
41. Cross-examination of one’s own witness be
(a) permissible
(b) permissible only after obtaining permission of the court
(c) not permissible
(d) permissible with the consent of opposite party.
Ans.B
42. The Indian Evidence Act declares anything said, done or Written
by any one of the conspirators Is relevant to prove any conspiracy, if it
was in
(a) Pursuance of their common intention
(b) Reference to their common intention
(c) Prosecution of their common intention
(d) Redeeming of their common intention
Ans.B
43. Privilege to withhold documents/information under the
administrative law is
(a) Section 140
(b) Section 153
(c) Section 123
(d) Section 127.
Ans.C
44. Communication made without prejudice has been provided under
which section of the Evidence Act, 1872
(a) Section 22
(b) Section 24
(C) Section 23
(d) Section 27.
Ans.C
45. Presumptions of fact are:
(a) Irrebuttable
(b) Always rebuttable
(c) Rebuttable or irrebuttable
(d) None of he above
Ans.B
46. The case of Pakala Narayan Swamy v. Emperor pertains to
(a) Estoppel
(b) Dying declaration
(c) Hostile witness
d) Accomplice evidence.
Ans.B
47. An admission under section 17 of Indian Evidence Act, 1872 can be
(a) Oral only
(b) Oral and documentary
(c) Oral, documentary, or a statement contained in electronic form
(d) None of the above.
Ans.C
48. Burden as to proof of ownership has been contemplated in which
section of the Evidence Act, 1872
(a) Section 118 of the Evidence Act, 1872 O
(b) Section 110 of the Evidence Act, 1872
(c) Section 102 of the Evidence Act, 1872
(d) Section 101 of the Evidence Act, 1872.
Ans.B
49. Test identification of Parade conducted during investigation of a
case is admissible in evidence under which section of the Evidence
Act, 1872?
(a) Section 5
(b) Section 9
(c) Section 8
(d) Section 14.
Ans.B
50. Declaration in course of business is admissible under section:
(a) 32(3)
(b) 32(2)
(c) 32(3)
(d) 32(7)
Ans.B

1. Definition of primary evidence has been given under ——– of the Indian
Evidence Act, 1872? 
A. Section 61 of IEA

B. Section 62 of IEA

C. Section 63 of IEA
D. Section 64 of IEA

Ans-B Section 62 of IEA

2. Motive, preparation, and previous or subsequent conduct is dealt with
under which of the following section of the Indian Evidence Act? 
A. Section 6

B. Section 7

C. Section 8

D. Section 9

Ans-C  Section 8
3.Admission not conclusive proof, but may estop is comes under-
A. Section 30 of IEA

B. Section 31 of IEA

C. Section 33 of IEA

D. Section 34 of IEA

Ans-B Section 31 of IEA

4.Chapter III of Indian Evidence Act, 1872 is deals with-
A. The Relevancy of Facts

B. Facts which need not to be  proved 

C. Oral evidence 

D. Documentary evidence 

Ans- B Facts which need not to be  proved

5.Which of the following section of the Indian Evidence Act deals with
public documents? 
A. Section 74

B. Section 75

C. Section 76

D. Section 77

Ans-A Section 74
6.Exclusion of evidence of oral agreement is dealt under-
A. Section 91 of IEA

B. Section 92 of IEA

C. Section 93 of IEA

D.  Section 94 of IEA

Ans-B Section 92 of IEA

7.Section 101, Indian Evidence Act

declares-
A. When the question is whether any person is the owner of anything of which he
is shown to be in possession, the burden of proving that he is not the owner is on
the person who affirms that he is not the owner 

B. Whoever desires any court to give judgment as to any legal right or liability
dependent on the existence of facts which he asserts, must prove that those facts
exist

C. Both A & B

D. Either A & B
Ans-B Whoever desires any court to give judgment as to any legal right or
liability dependent on the existence of facts which he asserts, must prove
that those facts exist
8.What do you understand by Examination-in-chief?  
A. Examination of witness by the adverse party 

B. Examination of witness,  subsequent to the cross- examination by the party

who called him

C. Examination of witness by the party who calls him

D. None of them

Ans-C Examination of witness by the party who calls him

9.Which of the following section of the Indian Evidence Act deals with
Admission-
A. Section 16

B. Section 17

C. Section 18

D. Section 19

Ans-B Section 17

10.Opinions of expert is dealt under-

A. Section 44 of IEA

B. Section 45 of IEA

C. Section 46 of IEA

D. Section 47 of IEA

Ans-B Section 45 of IEA

11.Which of the following is correct acoording to section 61, of Indian
Evidence Act, 1872-
A. The contents of documents must be proved by both primary and secondary
evidence

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

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

evidence

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

evidence

Ans-C The contents of documents must be proved either by primary or

secondary evidence
12.Section 113-A deals with –
A. Presumption as to dowry death

B. Presumption as to abetment of sucide by a married woman 

C. Both A & B

D. None of them

Ans-B Presumption as to abetment of sucide by a married woman

13.Presumption as to absence of consent in

certain prosecution for rape is dealt under-
A. Section 113-A of IEA

B. Section 113-B of IEA

C. Section 114 of IEA

D. Section 114-A of IEA

Ans-D Section 114-A of IEA
14.Which of the following section of Indian Evidence Act deala with
Evidence as to affairs of state-
A. Section 121

B. Section 122

C. Section 123

D. Section 124

Ans-C Section 123

15.Order of production and examination of witnesses is dealt under-
A. Section 135 of IEA

B. Section 136 of IEA

C. Section 137 of IEA

D. Section 138 of IEA

Ans-A Section 135 of IEA

16. The Indian Evidence Act came into force on ?
(a) 1st January,1872.

(b) 1st  April, 1872.

(c) 1st  September, 1872.

(d) 31st March, 1872.

Answer: C 1st  September, 1872

MCQs On Indian Evidence Act

17) Section 8 of the Indian Evidence Act 1872 deals with __?

A. When facts not otherwise relevant become relevant

B. Motive, preparation and previous or subsequent conduct
C. Opinions of experts
D. Facts bearing upon opinions of experts.

Answer B. Motive, preparation and previous or subsequent conduct

18) The term “Admission” is defined under____?
A. Section 14 of the Indian Evidence Act 1872
B. Section 29 of the Indian Evidence Act 1872
C. Section 4 of the Indian Evidence Act 1872
D. Section 17 of the Indian Evidence Act 1872

Answer D. Section 17 of the Indian Evidence Act 1872

19) Which section of the Indian Evidence Act 1872 deal with the
Admissibility of electronic records. ?

A. Section 55 of the Indian Evidence Act 1872

B. Section 68 of the Indian Evidence Act 1872
C. Section 65B of the Indian Evidence Act 1872
D. Section 20 of the Indian Evidence Act 1872

Answer C. Section 65B of the Indian Evidence Act 187

20) which is not included in the term of court under the Indian evidence
act,1872
A.All Judges
B. All persons legally authorized to take evidence
C. All Magistrates
D. arbitrators

Answer D. arbitrators
21) Definition of Primary evidence has been given under _ of the Indian
Evidence Act, 1872?
A. Section 62 of the Indian Evidence Act 1872
B. Section 67 of the Indian Evidence Act 1872
C. Section 64 of the Indian Evidence Act 1872
D. Section 60 of the Indian Evidence Act 1872

Answer A. Section 62 of the Indian Evidence Act 1872

22) Which section of the Indian Evidence Act 1872 deal with the Burden of
proof as to a particular fact?
A. Section 105 of the Indian Evidence Act 1872
B. Section 102 of the Indian Evidence Act 1872
C. Section 103 of the Indian Evidence Act 1872
D. Section 100 of the Indian Evidence Act 1872

Answer C. Section 103 of the Indian Evidence Act 1872

23) Which section of the Indian Evidence Act 1872 deal with Fact judicially
noticeable need not be proved. ?

A. Section 23 of the Indian Evidence Act 1872

B. Section 56 of the Indian Evidence Act 1872
C. Section 43 of the Indian Evidence Act 1872
D. Section 34 of the Indian Evidence Act 1872

Answer B. Section 56 of the Indian Evidence Act 1872

24) Which section of the Indian Evidence Act 1872 deal with Leading
questions. ?

A. Section 123 of the Indian Evidence Act 1872

B. Section 141 of the Indian Evidence Act 1872
C. Section 143 of the Indian Evidence Act 1872
D. Section 134 of the Indian Evidence Act 1872

Answer B. Section 141 of the Indian Evidence Act 1872

25) Which section of the Indian Evidence Act 1872 deal with Presumption as
to dowry death?
A. Section 114 of the Indian Evidence Act 1872
B. Section 111 of the Indian Evidence Act 1872
C. Section 113B of the Indian Evidence Act 1872
D. Section 100 of the Indian Evidence Act 1872

Answer C. Section 113B of the Indian Evidence Act 1872

26) Which section of the Indian Evidence Act 1872 deal with the Order of
production and examination of witnesses.?
A. Section 135 of the Indian Evidence Act 1872
B. Section 125 of the Indian Evidence Act 1872
C. Section 145 of the Indian Evidence Act 1872
D. Section 112 of the Indian Evidence Act 1872

Answer A. Section 135 of the Indian Evidence Act 1872

Multiple Choice Questions (MCQs) and answers on Indian Evidence

Act especially compiled for students!

1. A prosecution witness, by viewing a NDTV’s news film,

identified the accused as a member of a group of persons
who had caused serious public disturbance. The original
film was retained by NDTV and at trial the prosecution
relied on the video cassette, which the Court was satisfied
was an authentic copy of the original film. The evidence-
A. Is admissible, as the rules for submitting primary documents
cannot be extended to films
B. Is not admissible as the original is in existence, the secondary
document cannot be used
C. Is not admissible as the Court is competent to order NDTV to
submit the original film
D. Is admissible as the Original document is a public document
Ans. A
2. In which of the following circumstances will section 71 of
the Indian Evidence Act, 1872 NOT apply?
A. In case the attesting witness turns hostile
B. In case out of two attesting witnesses one fails to prove the
execution of the will
C. In case the attesting witness does not recollect the execution of the
document
D. In case the document is a will or testamentary document
Ans. B
3. Which of the following statements hold true under the
provisions of section 73 of the Indian Evidence Act, 1872?
A. The writings obtained under this section will fall within the
expression ‘evidence’
B. The Court can send the documents to an expert who is a
prosecution witness
C. The Court can call upon the accused to give his writing in Court
D. The person required by the Court to give a specimen cannot refuse
to do so
Ans. C
4. Which of the following documents is NOT a public doc-
ument?
A. Registered power of attorney
B. Records of Nationalised banks
C. A death certificate
D. Certified copy of annual return of the Company is a public
document
Ans. A
5. A marriage certificate –
A. Is proof of a valid marriage per se
B. Is a determining factor regarding the validity of the marriage
C. Is of great evidentiary value in family matters
D. All of the above
Ans. C
6. A letter purporting to be issued from the Chief Secretary
to the Government of Bengal was signed by a deputy
secretary not in his official capacity, but for the Chief
Secretary. The Court –
A. Can draw a presumption under section 79 of the Indian Evidence
Act, 1872 that the document is an authorised document
B. Can draw a presumption under section 81 of the Indian Evidence
Act, 1872 that the document is an authorised document
C. Can draw a presumption under section 83 of the Indian Evidence
Act, 1872 that the document is an authorised document
D. Cannot draw a presumption under the provisions of the Indian
Evidence Act, 1872 that the document is an authorised document
Ans. D
7. B executed a power of attorney in USA, and submitted it as
evidence in Punjab and Haryana High Court. The power of
attorney was not authenticated by the Indian Consul or any
other relevant Indian Authority in US. The relevant laws in
the United States about the power of the Notary Public were
also not cited. The authenticity of the power of attorney –
A. Must be presumed under section 85 of the Indian Evidence Act,
1872
B. May be presumed under section 85 of the Indian Evidence Act, 1872
C. Cannot be presumed under section 85 of the Indian Evidence Act,
1872
D. May be presumed under section 84 of the Indian Evidence Act,
1872
Ans. C
8. Under the provisions of the Indian Evidence Act, 1872
which of the following presumptions can be made with
regards to telegraphic messages?
I. That the message was received as it was sent
II. That the message was sent by the person purporting to send the
message
III. That the message was delivered to the addressee on the date
indicated thereon
IV. The contents of the message are authenticated and true
A. I and II
B. I and III
C. II and IV
D. IV and III
Ans. B
9. B sues to recover one-fourth of the price of the house
alleged to have been sold by the A to C. The proper reg-
istered sale deed is available. The claim is based on local
custom. The transaction between A and C was ostensibly not
a sale but a usufructuary mortgage. B wants to give oral
evidence in support of this. Which of the following
statements will be true for the case?
A. B is not a party to the transaction between A and C as such he is
entitled to give evidence
B. The evidence by B will be hit by section 92 of the Indian Evidence
Act, 1872 and as such will not be admissible
C. The B is not a party to the transaction between A and C, as such he
cannot give oral evidence
D. A and C have committed a fraud, as such the evidence of B is
admissible as long as it is supported by written proof
Ans. A
10. Which of the following statements concerning the
burden of proof are false?
A. Deposit of money in wife’s name does not amount to a gift. If
anybody says it was a gift he must prove it
B. Tenant taking a plea that the suit premises wad not vacated by him,
will need to prove it
C. In determining whether a trust is public or private, the burden of
proof lies with a person asserting that it is a public one
D. In the plea challenging the constitutionality of the stature, the
burden of proof is on the person challenging the constitutionality
Ans. C
11. Which of the following section of the Indian Evidence Act
deals with questions lawful in cross-examination?
A. Section 139
B. Section 166
C. Section 140
D. Section 146
Ans. D
12. Four murders took place in the house of the accused, and
the accused tried to commit suicide in his house. Which of
the following statement will hold true in this case?
A. This being a criminal case the burden of proof is on the prosecution
B. The burden of proof will lie on the accused under section 101 of the
Indian Evidence Act, 1872 because his actions are suspicious
C. The burden of proof will lie on the accused under section 102 of the
Indian Evidence Act, 1872 because the accused will fail if no evidence
is given by him
D. The burden of proof will fall of the accused under section 106 of the
Indian Evidence Act, 1872 because the facts were in the special
knowledge of the accused
Ans. D
13. Shortly before the death of the victim, both the accused, a
man and a woman had entered the house of the victim. They
bolted the door from inside and did not open it despite
tapping several times. The door had to be broken by the
neighbours and the relatives. Both the accused were found
hiding under the cot in the bedroom of the deceased. The
deceased was lying dead with the injuries on his person.
Which of the following statements will apply to the case?
A. The burden of proof will lie on the accused under section 102 of the
Indian Evidence Act, 1872 because the accused will fail if no evidence
is given by them
B. The burden of proof will lie on the accused under section 105 of the
Indian Evidence Act, 1872 because special circumstances exist in this
case
C. The burden of proof will fall of the accused under section 106 of the
Indian Evidence Act, 1872 because the facts were in the special
knowledge of the accused
D. The burden of proof will lie with the prosecution under section 101
of the Indian Evidence Act, 1872 because they have to prove the
murder
Ans. C
14. Which of the following statements do NOT hold true for
the section 108 of the Indian Evidence Act, 1872?
A. The rule of Muhammadan Law that a missing person is to be
regarded as alive till the expiry of 21Rs ninety years from the date of
birth is superseded by this section
B. The rule of Hindu Law that twelve years must elapse before an
absent person, of whom nothing has been heard during the period is
superseded by this section
C. The burden of proof lies with the person claiming that the death has
not happened
D. None of these
Ans. D
15. In which of the following cases will the presumption
against the accused NOT arise?
A. A Government Servant was found in possession of assets
disproportionate to his earning. Presumption of corruption
B. A newly born child was injured in the Government Hospital.
Presumption of negligence by the Staff
C. One joint owner was permitted to be in possession for a long period
of over 50 years without any protest or objection. Presumption
regarding exclusive ownership
D. Death of a person occurred in police custody. Presumption of
murder
Ans. D
16. Which of the following cases can the Court make
presumptions?
A. Property in name of co-sharers. Presumption that it is ancestor’s
property
B. A registered sale deed. Presumption of genuineness
C. A letter sent by registered post, is not returned to sender within 15
days. Presumption that the letter has been delivered
D. Delivery of post card by the post office. Presumption that it was
send by the sender
Ans. B
17. Which of the following statements are true regarding the
difference between res judicata and estoppels?
A. Estoppels outs the jurisdiction of the Court, res judicta shuts the
mouth of the party
B. Estoppels belongs to the procedure, res judicta is part of Law of
evidence
C. Estoppels prevents a man saying one thing at one time and opposite
at another, res judicta precludes a man averring the same thing twice
over in successive litigations
D. All of these
Ans. C
18. The father and one of his son were judgement debtors in
a decree of eviction ant they had applied for a review. The
father died and the son continued the review proceedings
without asking for substitution of his brothers for the
deceased father. He was not latter allowed to challenge the
validity of the execution proceedings because of the absence
of legal representatives. This is an example of –
A. Estoppels by matter of record
B. Estoppels by deed
C. Estoppels in pais
D. Waiver
Ans. A
19. In an accident claim petition the owner of the vehicle did
not file the original policy and made no objection to the
genuineness of the printed copy filed by the insurance
company, the owner cannot later on make objection to its
genuineness. This is an example of –
A. Estoppels by matter of record
B. Estoppels by deed
C. Estoppels in pais
D. Waiver
Ans. C
20. A University was charging different fee from different
batches and the batch B was subjected to higher and the
structure of the fee was clearly disclosed in the prospectus.
Can the students in batch B challenge the validity of the fee
structure?
A. No, applicability of promissory estoppels stops them from
challenging the structure
B. No, they by taking admission gave up the right of parity treatment
with others
C. Yes, there is no ground for estopping them from challenging the
validity of the fee structure
D. No, by accepting the admission they have waivered their right to
object
Ans. C
21. Which of the following statements is NOT true for the
principle of Estoppels?
A. It cannot operates against statute
B. It cannot operate on point of Law
C. It does not require fraudulent intentions
D. It can be ambiguous
Ans. D
22. A Child witness below the age of____________ cannot
give evidence in the Indian Courts.
A. 15 years
B. 12 years
C. 10 years
D. There is no such limit
Ans. D
23. Which of the following statements do NOT hold true for
admissibility of the evidence?
A. A party filing a document cannot urge its inadmissibility when the
opposite party seeks to use it against him
B. The fact that a document was procured by improper of illegal means
will not be a bar to its admissibility if it is relevant and its genuineness
proved
C. The faculties of a sniffer dog may be taken as evidence for the
purpose of establishing the guilt of an accused
D. If the evidence is irrelevant, consent of the parties cannot make it
relevant
Ans. C
24. Consider the following facts.
I. Witness disposed that immediately after the occurrence; his niece
told him that his wife was shot by the accused
II. Witness deposed that the deceased had made certain statements to
him either nine months or ten days prior to his murder
III. The accused intruded into the victim’s house and inflicted gun-
shot injury on him. He was able to identify him, before dying he stated
that the accused was standing with a gun before him, he also explained
the time, space, proximity between him and the assailant
IV. The accused assaulted the deceased and within half an hour of the
incident told the brother of the deceased of his act
Which of them are relevant under section 6 of the Indian
Evidence Act, 1872?
A. I and II
B. II, III and IV
C. I, II and III
D. Ill and IV
Ans. C
25. Which of the following facts will NOT be relevant under
section 8 of the Indian Evidence Act, 1872?
A. The conduct of an accused in absconding when the police got
suspicious of his complicity in the offence of murder
B. The presence of the accused before and after the incident in the
vicinity of the village in which dacoity took place
C. In case of bride burning, the conduct of the husband after the
incident
D. All of these
Ans. D
26. In which of the following cases NOT holding a test iden-
tification parade will prove fatal?
A. In an offense of rape, accused was not known to the victim. No test
identification parade was held for three years after the occurrence
B. A murder took place in a rickshaw, the accused was known to the
rickshaw puller. The rickshaw puller was with the accused for more
than three hours and witnessed the killing
C. Accused fatally assaulted the husband of the eye witness, she
identified him for the first time in the Court
D. All the witness stated that they had otherwise known the accused
persons, they being not strangers, and they recognised them in
moonlight and lantern light, it was held that a test identification
parade was not necessary
Ans. A
27. The motives are covered under –
A. Section 7 of the Indian Evidence Act, 1872
B. Section 8 of the Indian Evidence Act, 1872
C. Section 9 of the Indian Evidence Act, 1872
D. Section 10 of the Indian Evidence Act, 1872
Ans. B
28. Which of the following need NOT be established for
making the evidence admissible under section 10 of the
Indian Evidence Act, 1872?
A. There must be reason to believe that there was a conspiracy
B. There must be reason to believe that the accused persons were
members of the conspiracy
C. The evidence must be related to things said, done or written
D. The offence must have been committed
Ans. D
29. Which of the following statements are true for the pleas
of alibi?
A. The fact that the accused resorted to false plea of alibi is positive
evidence that the accused is responsible for the offence
B. The plea of alibi need not be proved with absolute certainty, benefit
of the doubt is given to the accused
C. A false plea of alibi can be regarded as link in the chain of
circumstances leading to conviction
D. The plea of alibi is not admissible under section 11 of the Indian
Evidence Act, 1872
Ans. C
30. Which of the following statements hold true for the
admissions?
A. The admissions made to strangers are not admissible under the
Indian Evidence Act, 1872
B. Before admitting the evidence of the admission, it should be
brought to the notice of the party who made it
C. Admissions can be oral as well as written in documents
D. Only judicial admissions are acceptable under the Indian Evidence
Act, 1872
Ans. C
31. Section 18 of the Indian Evidence Act, 1872 lays down five
classes of people who can make admissions. Which of the
following is NOT one of them?
A. Party to the proceedings
B. Agent authorised by the party of the proceedings
C. Party suing or being suing in the representative character making
admission while holding the character
D. Witness for the party suing or being sued in the representative
character making the admission as a witness
Ans. D
32. Which of the following admissions will NOT be binding
under section 18 of the Indian Evidence Act, 1872?
A. The statement made by the suspect before the Coroner
B. An admission by a counsel or pleader on the point of Law
C. An admission by a counsel or pleader on the point of fact
D. Admission by a partner of a dissolved firm on the other partners
when they have an identical interest in the subject matter of the suit
Ans. B
33. Which of the following statements hold true regarding
the admissibility of admissions under section 19 of the
Indian Evidence Act, 1872?
A. The admissions must satisfy the requirements of section 17 of the
Indian Evidence Act, 1872
B. The admissions need not satisfy the requirements of section 17 of
the Indian Evidence Act, 1872
C. The admissions must satisfy the requirements of section 21 of the
Indian Evidence Act, 1872
D. The admissions cannot satisfy the requirements of section 21 of the
Indian Evidence Act, 1872
Ans. A
34. Which of the following statement holds true for the
section 21 of the Indian Evidence Act, 1872?
A. It only applies to civil cases
B. It only applies to criminal cases
C. This section is subject to section 24, 25 and 26 of the Indian
Evidence Act, 1872
D. The section does not apply to the admissions made to strangers
Ans. C
35. Which of the following sections of the Indian Evidence
Act, 1872 deals with ‘without prejudice’ rule?
A. Section 21
B. Section 22
C. Section 23
D. Section 24
Ans. C
36. The confession of an accused is only relevant against
him. Which of the following sections of the Indian Evidence
Act, 1872 is an exception to this rule?
A. Section 23
B. Section 25
C. Section 28
D. Section 30
Ans. D
37. Generally In which of the following cases the confession
of the person will be valid?
A. If it is made to the police officer
B. If it is made in the presence of a police officer
C. If it is made in the presence of two independent witnesses while in
the custody of the Police Officer
D. If it is made in the presence of a Magistrate when the accused is in
the custody of the Police Officer
Ans. D
38. Which of the following statement is NOT true regarding
the extra-judicial confessions?
A. It is a weak evidence by itself
B. It should be made voluntarily and should be truthful
C. It cannot by itself become basis of conviction
D. It should inspire confidence
Ans. C
39. In a murder case before identification of the culprit, B
wrote a letter of confession to the police officer. At the time
of writing the letter there was no suspicion cast on B. Choose
the most relevant answer from the following choices.
A. Is inadmissible as it was made to a police officer
B. Admissible as it was made voluntarily, the fact it was made before
the police officer is irrelevant
C. Admissible as it was neither made in police custody nor in the
presence of the police officer
D. Inadmissible as it was not made before the magistrate
Ans. C
40. While the accused was in the lock-up of the Magistrate
under trial, he was sent by the Magistrate to a hospital for
treatment. He was taken from the lock-up to the dispensary
by two policemen who waited outside on the verandah of the
hospital. During the examination inside the dispensary by
the doctor, the accused made a confession of his guilt to
another patient who happened to be there within the
hearing of the doctor. Which of the following statements will
hold true for the case?
A. The confession is inadmissible because it was made in the presence
of the doctor
B. The confession in inadmissible as the accused was in the police
custody at the time of making the confession
C. The confession is admissible because the accused ceased to be in
police custody the movement he entered the hospital
D. The confession is admissible as it is in form of extrajudicial
confession and the doctor in not a person in authority
Ans. B
41. Which of the following conditions are essential for appli-
cability of section 27 of the Indian Evidence Act, 1872?
I. The person giving information must be in police custody
II. The person giving information must NOT be in police custody
III. The person giving the information must not be accused of any
offence
IV. The person giving the information must be accused of any offence
A. I and III
B.I and IV
C. II and III
D. II and IV
Ans. B
42. Which of the following confessions CANNOT be admitted
under section 29 of the Indian Evidence Act, 1872?
A. The accused asked the police officer to post the letter for him. Police
officer promised to do so and the accused handed over his letter to the
officer. The police officer handed over the letter to the prosecution
B. The evidence of a police officer who overheard an accused person’s
statement made in another room and in ignorance of the policeman’s
vicinity and uninfluenced by it
C. A person while in sleep confessed his guilt and the police officer
nearby heard the confession
D. The police officer gave liquor to the accused, and the accused made
the confession to the magistrate under the influence of the liquor
Ans. A
43. The evidence accepted by the Court under section 30 of
the Indian Evidence Act, 1872-
A. Amounts to proof
B. May be used as the basis of conviction
C. Cannot be used as the basis of conviction
D. Cannot be used for corroboration
Ans. C
44. Which of the following statements hold true for a
retracted confession?
A. It cannot be used as evidence
B. It can be acted upon only if substantially corroborated by
independent circumstances
C. Cannot be disregarded even if proved to be obtained under duress
D. None of these
Ans. B
45. Which of the following sections of the Indian Evidence
Act, 1872 states that the admissions can operate as
estoppels?
A. Section 28
B. Section 30
C. Section 31
D. Section 34
Ans. C
46. 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.

Ans. (d)
47. Admissions by agents are:
(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).

Ans. (d)
48. Admissions made by a party are evidence against:
(a) privies in blood

(b) privies in law

(c) privies in estate

(d) all the above.

Ans. (c)
49. 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).

Ans. (d)
50. 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.

Ans. (c)
51. 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.

Ans. (c)
52. Communication made ‘without prejudice’ is 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.

Ans. (b)
53. 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.

Ans. (a)
54. 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.

Ans. (d)
55. 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.

Ans. (b)
56. 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.

Ans. (c)
57. 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.

Ans. (d)
58. 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) cannot be made solely the basis of conviction unless the same is
corroborated

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

Ans. (c)
59. 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.

Ans. (b)
60. 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.

Ans. (c)
61. 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.

Ans. (d)
62. 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.

Ans. (a)
63. 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).

Ans. (c)
64. 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.

Ans. (b)
65. 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).

Ans. (b)
66. Facts discovered in consequences of a joint information:
(a) are not admissible and cannot 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.

Ans. (a)
67. 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.

Ans. (c)
68. 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.

Ans. (a)
69. 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.

Ans. (a)
70. ‘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.

Ans. (b)
71. Necessity rule as to the admissibility of evidence is
applicable, when the maker of a statement:
(a) is dead or has become incapable of giving evidence

(b) is a person who can be found but his attendance cannot be

procured without unreasonable delay or expenses

(c) is a person who cannot be found

(d) all the above.

Ans. (d)
72. 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.

Ans. (a)
73. 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.

Ans. (c)
74. 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 & not in civil proceedings.

Ans. (c)
75. 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.

Ans. (a)
76. Which of the following section of the Indian Evidence Act
extends the protection to an agent which Section 130, Indian
Evidence Act provides for a principal?
A. Section 127

B. Section 129

C. Section 131

D. Section 134

Ans: C
77. A agrees absolutely in writing to pay B Rs. 1,000 on the
first March, 1873. At the same time an oral agreement was
made that the money should not be paid till thirty first
March. Applying Section 92, Indian Evidence Act:
A. The oral agreement can be proved

B. The oral agreement must be proved

C. The oral agreement cannot be proved

D. None of them

Ans: C
78. Evidence may be given of facts in issue and relevant facts
in which of the following section of the Indian Evidence Act?
A. Section 5

B. Section 3

C. Section 7
D. Section 1

Ans: A
79. A suitor docs not bring with him and have in readiness
for production at the first hearing of the case, a bond on
which he relies. Applying Section 5, Indian Evidence Act,
what is the conclusion?
A. This section provides for him to produce the bond or prove its
contents at a subsequent stage of the proceedings

B. This section does not enable him to produce the bond or prove its
contents at a subsequent stage of the proceedings otherwise than in
accordance with the condition prescribed by the Indian Penal Code

C. This section does not enable him to produce the bond or prove its
contents at a subsequent stage of the proceedings otherwise than in
accordance with the condition prescribed by the Code of Civil
Procedure

D. None of them

Ans: C
80. Section 35 read with Section 74, Indian Evidence Act,
presupposes that:
A. A document produced is really an extract from the official register

B. A document produced is partially an extract from the official

register

C. A document produced is not always an extract from the official

register

D. None of them

Ans: A
81. Additional Evidence means:
A. Evidence let in appeal before the trial has closed in the lower Court,
it is a privilege allowed only under special circumstances

B. Evidence let in appeal after the trial has closed in the Supreme
Court, it is a privilege allowed only under special circumstances

C. Evidence let in appeal after the trial has closed in the lower Court, it
is a privilege allowed only under special circumstances

D. None of them

Ans: C
82. In which of the following cases did the Apex Court held
that the practice of getting the affidavits of defence
witnesses in advance amounted to an attempt aimed at
dissuading the witnesses from speaking the truth before the
Court? This type of interference in criminal justice should
not be encouraged and was to be viewed seriously. The Court
deprecated this practice.
A. Sachchey Lal Tiwari v. State of U.P., AIR 2004 SC 5039.

B. Rachapalli Abbulu v. State of A.P., AIR 2002 SC 1805 (para 11):

(2002) 4 SCC 208.

C. State of Raj as than v. Teja Ram, AIR 1999 SC 1776.

D. State of Haryana v. Mange Ram, 2003 1 SCC 637, para 12: AIR
2003 SC 558 : 2003 CrLJ 830.

Ans: B
83. Section 130, Indian Evidence Act protects a witness, who
is not a party to the suit in which he is called, from
producing?
A. Title-deeds to any property

B. Any document in virtue of which he holds any property as pledgee

or mortgagee
C. Any document the production of which might tend to criminate
him, unless he has agreed in writing to produce such document

D. All of them

Ans: D
84. Section 81, Indian Evidence Act deals with which of the
following documents which shall be presumed to be
genuine?
I. Gazettes

II. Gazetteers

III. Newspaper or journals

IV. Every document directed by any law to be kept by any person, if

that document is kept substantially in the form required by law and is
produced from proper custody

A. I, III, IV

B. II, IV

C. I, II, IV

D. All of them

Ans: D
85. The good faith of a sale by a son just come of age to a
father is in question in a suit brought by the son. Applying
Section 111, Indian Evidence Act:
A. The burden of proving the good faith of the transaction is on the son

B. The burden of proving the good faith of the transaction is irrelevant

C. The burden of proving the good faith of the transaction is on the

father
D. None of them

Ans: C
86. The use of secondary evidence under Section 33, Indian
Evidence Act is limited to which of the following condition?
A. If the proceeding was between the same parties, or their
representatives in interest

B. If the adverse party in the first proceeding had the right and
opportunity to cross examine

C. If the questions in issue were substantially the same in the first as in

the second proceeding

D. All of them

Ans: D
87. Under Section 65, Indian Evidence Act, which of the fol-
lowing needs to be proved concerning secondary evidence?
A. Existence of a document

B. Condition of a document

C. Contents of a document

D. All of them

Ans: D
88. What do you understand by deposition?
A. It is parte and voluntary

B. It is evidence given by a witness under interrogatories, oral or

written, and usually written down by an official person

C. It is the mere voluntary act of the party making the oath, and may
be, and generally is, taken without the cognizance of the one against
whom it is to be used
D. Both (A) and (B)

Ans: D
89. When is an enquiry said to be judicial?
A. If its object is to determine jural relation between one person and
another or a group of persons, or between him and the community in
general

B. If its object does not require discretion to be exercised and no

judgment is to be formed

C. If its object requires jural relation to be established between the

judge and a group of persons

D. None of them

Ans: A
90. Which of the following are some of the instances of
notifications or rules of which judicial notice was taken?
I. The Army regulations and ordinances issued by the Government of
India

II. Notification of the appointment of a Drug Inspector under Section

21, Clause (1) of the Drugs Act of 1940

III. A rule made under the rule 225 of Printing Manual published by
the Government of Madras providing for return of old and obsolete
stamps to Government Press on receipt of new ones

IV. A notification issued by the Government, declaring Malas to be

socially and educationally backward class

A. I, III and IV

B. II, III and IV

C. I, II and IV
D. All of them

Ans: D
91. Which of the following has been repealed by the
Repealing Act, 1938 (1 of 1938)?
A. Section 1, Indian Evidence Act

B. Section 2, Indian Evidence Act

C. Section 3, Indian Evidence Act

D. Section 4, Indian Evidence Act

Ans: B
92. Which of the following is important to make the evidence
of a witness relevant under Section 50, Indian Evidence Act?
A. The witness must have special means of knowledge with regard to
existence of the disputed relationship, either as a member of a family,
or otherwise

B. The witness must depose to his own conduct towards the person
whose relationship is in dispute

C. Either (A) or (B)

D. Both (A) and (B)

Ans: D
93. Which of the following is true of Section 48, Indian
Evidence Act?
A. It deals with the opinion as to the existence of general customs and
rights When the Court has to form an opinion as to its existence

B. The explanation to the section states that the customs and rights
common to any considerable class of persons would also come within
the expression ‘general custom or right’
C. It deals with oral evidence given in Court by the person expressing
the opinion

D. All of them

Ans: D
94. Which of the following proviso of the Indian Evidence
Act enables the Court to require the production of material
thing for its inspection?
A. Proviso 5 of Section 57

B. Proviso 4 of Section 58

C. Proviso 3 of Section 59

D. Proviso 2 of Section 60

Ans: D
95. Which of the following maps are made under the
authority of Government?
I. Survey maps

II. Thak bast maps

III. Chittas

IV. Superimposition of maps

A. I, III and IV

B. II, III and IV

C. I, II and IV

D. all of them

Ans: D
96. Which of the following section of the Indian Evidence
Act deals with admissions not conclusive proof, but may be
estop?
A. Section 30

B. Section 31

C. Section 22

D. Section 39

Ans: B
97. Which of the following section of the Indian Evidence Act
deals with facts bearing upon opinions of experts?
A. Section 46

B. Section 49

C. Section 63

D. Section 50

Ans: A
98. Which of the following section of the Indian Evidence
Act deals with oral evidence which must be direct?
A. Section 52

B. Section 62

C. Section 65

D. Section 60

Ans: D
99. Which of the following section of the Indian Evidence
Act deals with proof when attesting witness denies the
execution?
A. Section 71
B. Section 80

C. Section 60

D. Section 70

Ans: A
100. Which of the following section of the Indian Evidence
Act deals with the burden of proof as to ownership?
A. Section 100

B. Section 101

C. Section 110

D. Section 105

Ans: C

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 previ-
ous statements made before the police almost all con-
tradictions 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 exami-
nation 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 tribu-
nals 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 fol-
lowing 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 exer-
cising 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
1. Multiple Choice Questions (MCQ’s) on Indian Evidence Act, 18721. Law of
evidence is:

a. Lex loci
b. Lex situs
c. Lex Fori
d. Lex Tallienis

2. The Indian Evidence Act 1872, is not applicable to:

a. Affidavits presented in court.

b. Proceedings before an Arbitrator
c. Judicial Proceedings before a Court
d. Both (a) and (b)

3. Proceedings relating to proof and admissibility of electronic documents

have been incorporated in the Evidence Act by the:

a. Evidence (Amendment) Act, 1989

b. CrPC (Amendment) Act, 1973
c. Information Technology Act, 2000
d. Right to Information Act, 2005

4. The Indian Evidence Act, 1872 has:

a. Prospective effect.
b. Retrospective effect
c. Is a substantive law
d. Affects fundamental rights of a person.

5. Fact is issue means the fact, existence of which is:

a. Admitted by the parties

b. Disputed by the parties
c. Agreed to by the parties
d. None of the above.

6. Evidence means and includes:

a. Only oral evidence

b. Only documentary evidence
c. Both oral evidence and documentary evidence
d. Only such oral evidence that is based on documents.

7. Judge’s personal knowledge or observation cannot be treated as

evidence. This statement is:
a. Correct
b. Incorrect
c. Partly correct and partly incorrect.
d. None of these.

8. Indian Evidence Act, 1872 was drafted by:

a. Lord Thomas Macaulay

b. J.M. Macleod
c. Sir James Stephen
d. None of the above

9. Under Indian Evidence Act, 1872, which of the following is not a

“Document”?

a. A map
b. A writing
c. A photograph
d. A telephonic conversation

10. The plea of alibi is established by:

a. Prosecution
b. Accused
c. Either by Prosecution or by accused
d. None of the above.

11. In a matter before the court, which of the following is NOT an evidence
in the case:

a. Confession of a co-accused
b. Entries in book of accounts regularly kept in the course of business.
c. Statement of the accused made u/s 313 of CrPC
d. Expert Testimony.

12. Section 7 of Evidence Act does not include which of the following:
a. Occasion
b. Cause
c. Purpose
d. Effect

13. Section 8 of Indian Evidence Act deals with?

a. Conduct
b. Motive
c. Preparation
d. All of the above

14. Identification parade may be conducted by:

a. Magistrate
b. Any citizen
c. Police Officer
d. All of the above

15. Admission is a statement which can be:

a. Oral, written and spoken

b. Oral and documentary
c. Oral, documentary or contained in electronic form
d. None of the above.

16. S. 27 of Indian Evidence Act is based on:

a. Doctrine of Proportionality
b. Doctrine of Agency
c. Doctrine of Eclipse
d. Doctrine of confirmation by subsequent events.

17. A dying declaration is admissible:

a. Only in civil proceedings

b. Only in criminal proceedings
c. Neither in criminal proceedings nor in civil proceedings.
d. In civil as well as criminal proceedings both.

18. To be admissible, dying declaration must be:

a. Must be made before Magistrate
b. Must be made before police officer.
c. Must 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.

19. To be admissible, dying declaration must be:

a. Relating to the cause of death.

b. The person making the statement must be competent.
c. The person making the statement must make such statement under the
expectation of death.
d. The statement must be complete.

20. Facts judicially noticeable:

a. Need to be proved.
b. May be proved.
c. Need not be proved
d. None of the above.

21. S. 58 of Indian Evidence Act deals with:

a. Formal admissions.
b. Evidentiary admissions
c. Formal as well as evidentiary admissions
d. Proof of facts by oral evidence.

22. S. 115 of the Indian Evidence Act deals with:

a. Presumption as to the commission of a crime

b. Presumption as to dowry death.
c. Doctrine of Estoppel.
d. Presumption as to Abetment of Suicide by a married woman.

23. Presumption regarding dowry death is contained in which provision of

Indian Evidence Act:

a. U/s 113 (a)

b. U/s 113 (b)
c. U/s 114(a)
d. U/s 114 (b)
24. Presumption regarding abetment of suicide by a married woman is
provided in:

a. U/s 113 (a)

b. U/s 113 (b)
c. U/s 114(a)
d. U/s 114 (b)

25. Burden of proof is lightened by:

a. Presumptions
b. Admissions
c. Estoppels
d. All of the above.

Answer Key

1. Lex Fori
2. Proceedings before an Arbitrator
3. Information Technology Act, 2000
4. Retrospective effect.
5. Disputed by the parties.
6. Both oral evidence and documentary evidence
7. Correct
8. Sir James Stephen
9. A telephonic conversation.
10. Accused
11. Statement of the accused made u/s 313 of CrPC
12. Purpose
13. All of the above
14. All of the above
15. Oral, documentary or contained in electronic form
16. Doctrine of confirmation by subsequent events.
17. In civil as well as criminal proceedings both.
18. May be made either before a magistrate or a police officer or a doctor or a
private person.
19. The person making the statement must make such statement under the
expectation of death.
20. Need not be proved
21. Formal as well as evidentiary admissions
22. Doctrine of Estoppel.
23. U/s 113 (b)
24. U/s 113 (a)
25. All of the above.