LEAC Classroom Material

INDIAN EVIDENCE ACT

PRACTICE SHEET-03

1. Doctrine of Res Gestae applies to which section of the Indian Evidence Act, 1872?
(a) Section 6 (b) Section 7 (c) Section 8 (d) Section 11

2. The term Court is defined under Section 3 of the Indian Evidence Act, 1872 as:
(a) All judges and magistrates and all persons authorised to take legal evidence
(b) All judges and magistrates and all persons authorised to take legal evidence including arbitrators
(c) All judges and magistrates and all persons authorised to take legal evidence, excluding arbitrators
(d) All judges and magistrates and all persons authorised to take legal evidence, except police officer

3. Which of the following is discussed under S. 8 of the Indian Evidence Act?

I. Motive
II. Conduct

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III. Intention
IV. Preparation
(a) I and II (b) Only III (c) I, II, and IV

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(d) All of the above

4.

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What happens when a party refuses to produce a document which he has had notice to produce?
(a) He can produce it later with the permission of the court

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(b) He can produce it later without the permission of the court
(c) He cannot produce it later without the permission of the adverse party

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(d) He cannot produce it later without the permission of the adverse party or the court

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Which of the following is true under Section 165 of the Indian Evidence Act, 1872?
The judge has the power to put questions or order production:
I. In any form
II. At any time

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IV. Only relevant facto
III. Any fact relevant or irrelevant

V. And Parties shall be entitled to raise objection

(a) I and II (b) I, II, and III (c) I, II, and IV (d) All of the above

6. Which of the following is correct with respect to Section 151 of the Indian Evidence Act, 1872?
(a) The court shall forbit any question which it regards as indecent or scandalous
(b) The court may forbit any question which it regards as indecent or scandalous
(c) The court shall forbit any question which is intended to insult or annoy
(d) The court may forbit any question which is intended to insult or annoy
7. Which of the following is correct with respect to proffessional communication?
I. An advocate can disclose the communication with the client without his consent
II. Any communication made in furtherance of any illegal purpose may be disclosed.
III. Any observation made by the advocate showing any crime committed shall be disclosed
IV. Privileged communication forms part of Section 126 of the Indian Evidence Act, 1872.
(a) Only I and II (b) Only III
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(c) Both III and IV (d) None of the above
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8. Which of the following is the correct law pertaining to the rights of the witnesses under Indian Evidence Act,
1872 in consonance with Article 20(3) of the Constitution of India, 1950?
(a) The witnesses shall be excused from answering any question if it leads to self-incrimination
(b) The witnesses shall be arrested and prosecuted
(c) The witnesses shall not be excused from
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prosecution for the offense committed including giving false evidence
(d) The witnesses shall not be excused from answering any question provided there is no arrest or
prosecution for the offense committed except “giving false evidence”
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9. The order in which witnesses are produced and examined shall be regulated
(a) by the law and practice for the time being relating to civil procedure
(b) by the law and practice for the time being relating to criminal procedure
(c) by the discretion of the Court
(d) by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the
absence of any such law, by the discretion of the Court

10. Leading questions may be asked in:

(a) cross-examination (b) chief-examination
(c) both cross and chief-examination (d) cross, chief and re-examination.

11. Which of the following sections entail the rebuttable presumption as to dowry death?
(a) S. 113A of the Indian Evidence Act, 1872 (b) S. 114A of the Indian Evidence Act, 1872
(c) S. 114 of the Indian Evidence Act, 1872 (d) S. 113B of the Indian Evidence Act, 1872

12. Which of the following is incorrect with respect to primary evidence?

(a) Primary evidence means the document itself produced before the court
(b) Where a document is executed in several parts, each part is primary evidence for the inspection of the
court.

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(c) When a document is executed in counterpart, each counterpart is primary evidence
(d) Primary evidence can be proved by certified copies

13. Find the incorrect statement pertaining to Admissions:

(a) Admission is a wider term and includes confessions

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(b) Admission is covered under Chapter 2 of the Indian Evidence Act, 1872
(c) Admission is a conclusive proof

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(d) An admission can be oral, documentary or in electronic form

14. Which of the following facts need not be proved?

I. Articles of War for the armed forces
II. Regulations passed by SEBI
III. Advent of Mughal Empire

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IV. Laws of Exclusive Economic Zone
(a) Only II

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(b) Both II and III
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The opinion of expert is not relevant
(a) On a point of foreign law
(c) On matters of science

Which of the following is not related to electronic evidence?

(a) S. 65A (b) S. 65B (c) S. 73A
(b) On a point of Indian Law
(d) On matters of art

(d) S. 67A

17. Find the incorrect statement with respect to the Presumptions as to Documents:
(a) There is a presumption as to electronic records being 30 years old
(b) Books, maps and charts are presumed to be written or published by the person by whom it purports to
have been written or published
(c) Maps or plans made by government authority are accurate
(d) Any record of evidence in any judicial proceeding is presumed to be genuine

18. What kind of questions can be asked during cross- examination?

(a) Questions to test the witnesses’ veracity
(b) Questions to discover witnesses’ position in life
(c) Questions shaking his8Tcredit, by injuring his character and leading to self- incrimination
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(d) Questions as5M
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19. What inference can the Court may draw from the witness’s refusal to answer?
(a) That it may lead to his conviction (b) That it may self-incriminate the witness
(c) That it would be unfavourable for the witness (d) That it would amount to a confession
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20. When a witness is asked whether he was not dismissed from a situation for dishonesty and he denies it.
Evidence is offered to show that the witness was dismissed for dishonesty.
(a) The evidence is admissible
(b) The evidence is inadmissible
(c) The Court may allow if allowed by the adverse party
(d) None of the above

21. The concept of hostile witness is encapsulated in:

(a) S. 152 (b) S. 153 (c) S. 154 (d) S. 155

22. Which of the following is not the correct way of impeaching the credit of the witness?
(a) By testifying the other persons who believe that the witness is unworthy of credit
(b) By proving that the witness has being bribed
(c) By proving former statements of the witness to be inconsistent with the statement made by him
(d) By proving his previous conviction for an offense involving moral turpitude

23. Under Section 167 of the Indian Evidence Act, 1872, improper admission or rejection of evidence is not a
ground for: -
(a) For filing a special leave petition (b) For a new trial

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(c) For acquittal (d) For suspension of the judge

24. Which section allows the witnesses to refresh his memory?

(a) S. 157 (b) S. 158 (c) S. 159

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(d) S. 160

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25. Which chapter of the Indian Evidence Act deals with “Estoppels”?
(a) Chapter VI (b) Chapter VII (c) Chapter VIII (d) Chapter IX

26.

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A is tried for murder of B by beating with a club with the intention of causing his death. At A’s trial which of
the following is not a fact in issue?

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(a) A beating B with a club
(c) A’s conversation with B

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(d) A’s intention to cause B’s death

Protection of communications during marriage extends to:

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(a) only the persons who are lawfully married to each other
(b) Married couple who is not undergoing judicial separation
(c) persons who are married to each other and also their children.

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(d) persons who are married to each other and also the people who share same household as the couple.

A, on his trial before the Court of Session, says that a deposition was improperly taken by B, who is the
Magistrate, in such a case:
(a) B cannot be compelled to answer questions
(b) B can be compelled to answer questions
(c) B can be compelled to answer questions only upon a special order by Superior court.
(d) B cannot be compelled to answer questions until there is a Special order by the Division Bench of the
High Court.
(e) B can be compelled to answer questions only if they are relevant and on order of magistrate.

29. A person called to produce a document:

(a) cannot be examined.
(b) can be cross-examined
(c) can be chief -examined
(d) does not become a witness merely by production of document
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30. Which of the following is not secondary evidence?
(a) certified copies
(b) copies made from or compared with the original;
(c) counterparts of documents as against the parties who did not execute them;
(d) oral accounts of the contents of5M
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31. In case of a public document_____.
(a) Secondary evidence may be given
(b) Only primary evidence may be given.
(c) Secondary evidence can be given with the permission of court
(d) Secondary evidence can be given only if primary is not available or accessible

32. The question is whether A committed a crime at Mumbai on a certain day. The fact that on that day, A was at
Trivandrum is relevant under which section of the Indian Evidence Act, 1872?
(a) S. 10 (b) S. 6 (c) S. 11 (d) S. 12
(e) S. 13

33. Admission according to the Indian Evidence Act includes statements made by
(a) Authorized agents of parties
(b) Persons whose liability must be proved
(c) Persons from whom the parties derived their interest in subject matter
(d) All of the above

34. A person is accused for theft, evidence is sought to be produced to prove that the accused has a bad character
and is convicted of theft on several occasions in the past

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(a) Bad character is relevant (b) The evidence was admissible
(c) The evidence was inadmissible (d) Both a and b

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(e) All of the above

As per the Indian Evidence Act, an accomplice’s testimony______?

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(a) needs to be corroborated (b) is unjust
(c) if not corroborated, conviction is illegal (d) if not corroborated, conviction is legal

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(e) None of the above

36.

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A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and

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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.
(a) A may be allowed to set aside the sale

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(b) A may not be allowed to set aside the sale
(c) A must not be allowed to prove his want of title
(d) A may be allowed to prove his want of title

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(e) None of the above

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Under what circumstances can the presumption of legitimacy be rebutted when a person is born during a
valid marriage or within 280 days after its dissolution with the mother remaining unmarried?
(a) The child's birth certificate must state otherwise
(b) The child must be adopted by another individual
(c) It can only be rebutted if the mother remarries
(d) It can be rebutted if it can be shown that the parties had no access to each other when conception was
possible
(e) None of the above

38. In which case it was held that result of DNA test will prevail over section 112 of the Indian Evidence Act
(a) Narayan Dutt Tiwari vs Rohit Shikhar
(b) Nandlal Wasudeo Badwaik vs Lata Nandlal Badwaik
(c) Satish Nirankari vs State of Rajasthan
(d) Chandramoul Shukla vs Ramvishwas
(e) Anwar P.V. Vs. P.K. Basheer
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39. When can the court
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her husband?
(a) Only if there is concrete evidence of abetment
(b) If the woman committed suicide at any time during her marriage
(c) If the woman committed suicide within seven years of her marriage and faced cruelty from her husband
or his relative, consideringtr-
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(d) If the woman committed suicide within seven years of her marriage, regardless of any other factors
(e) None of the above

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40. In cases involving the question of whether a person has committed the dowry death of a woman, under what
circumstances will the court presume that the person had caused the dowry death?
(a) If the woman had been subjected to cruelty or harassment at any time during her marriage
(b) If the woman had been subjected to cruelty or harassment for any reason
(c) If the woman had been subjected to cruelty or harassment by her own family
(d) If the woman had been subjected to cruelty or harassment for or in connection with any demand for
dowry soon before her death
(e) None of the above

41. Section 114 of Indian Evidence Act deals with

(a) Admissibility of facts (b) Relevancy of facts
(c) Legal Presumptions (d) Relevancy of Opinions
(e) Motive, Preparation and conduct
42. Which type of Representation is not mentioned under section 115 of the Indian Evidence Act
(a) Declaration (b) Omission (c) Conduct (d) Act
(e) None of the above
43. Estoppel of Tenant is given under which section of Indian Evidence Act
(a) Section 117 (b) Section 116 (c) Section 115 (d) Section 118

44.
(e) Section 113 B

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Can a person be prevented from testifying solely based on their age, regardless of their ability to understand
and answer questions?

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(a) Yes, age is always a disqualifying factor.
(b) Only if the person is above a certain age
(c) No, age alone is not sufficient to disqualify someone from testifying.

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(d) Only if the person is below a certain age.
(e) Yes, if there is a certificate of fitness from the doctor that the said person is unfit from testifying

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deemed to be:

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(a) The evidence will be considered written evidence k
When a witness is unable to speak and provides evidence using signs or writing, evidence so given shall be

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(b) The evidence will be considered non-verbal evidence
(c) The evidence will be considered inadmissible

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(d) The evidence will be considered as oral evidence

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(e) The evidence will be considered as documentary evidence

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Estoppel of Bailee or licensee is given under which section of Indian Evidence Act
(a) Section 117 (b) Section 116 (c) Section 115

Questions to corroborate evidence of a relevant fact:

(a) are admissible.
(d) Section 118

(b) are not admissible.

(c) are leading questions
(d) are lawful and just but not having weightage as cogent evidence.
(e) are valid and are always needed to prove a case beyond reasonable doubt

48. Rejection of evidence is:

(a) not a ground for new trial in itself.
(b) a ground for new trial in itself. C.
(c) A ground for new trial but not for reversal of decision.
(d) A ground for reversal of decision but not a new trial.
(e) not a sound decision to go ahead with, but has to be followed as a procedure of natural justice.

49. To refresh his memory a7Nwitness

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(a) made by himself
(b) made by others
(c) made by others and by giving a copy of the document as secondary evidence
(d) made by himself and by giving a copy of the document as secondary evidence
(e) C and D
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50. Indecent and scandalous questions are discussed under which section of the Indian Evidence Act, 1872?
(a) S. 142 (b) S.155 (c) S.154 (d) S.151 (e) S. 156

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