LEAC Classroom Material

INDIAN EVIDENCE ACT

PRACTICE SHEET-02

1. When a court takes judicial notice, it means:

(a) The court automatically believes any fact presented by a party
(b) The court recognizes certain facts without requiring proof
(c) The court disregards all evidence and testimony
(d) The court shifts the burden of proof to the opposing party

2. What discretion does the court have with regard to admitted fact

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(a) Automatically accept them as true (b) Require additional admissions
(c) Demand proof of those facts (d) Reject them without further consideration

3.

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If the opinion of experts is expressed in any treatise, and the author is deceased or cannot be found, can the
opinion of experts be proven?

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(a) Cannot be proved
(b) May be proved by the production of document
(c) Shall be proved by the legal representative of the author
(d) None of the above

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4.
(a) Section 58 (b) Section 56

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Proof of fact can be given by oral evidence is given under which section of Indian Evidence act:

a (c) Section 60 (d) Section 59

5.
(a) Secondary Evidence
(c) Conditional Evidence
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Documents which are made by one uniform process are known as

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(b) Primary Evidence
(d) Oral evidence

6.

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Which characteristic is crucial for oral accounts of a document to be admissible as secondary evidence?
(a) The person providing the account must have seen the document
(b) The person providing the account must be a lawyer
(c) 8H3Idocument must be a photocopy

(d) The document must be notarized

7. In what circumstances can secondary evidence pertaining to documents be presented?

(a) Where the original document appears to be in the possession of the person against whom the document
is sought to be proved.
(b) When the original document is public document
(c) When the original has been destroyed or lost
(d) All of the Above

8. Section 65A of the Indian Evidence Act was inserted by which act
(a)
tr-5N5L Inserted
8L6O 7M8Q3T By Act 20 of 2001 (b) Inserted By Act 21 of 2002
(c) Inserted By Act 21 of 2000 (d) Inserted By Act 19 of 2000

9. Admissibility of electronic records is given under which section of Indian Evidence Act
(a) Section 65A (b) Section 56B tr-5N(c)
5L8LSection
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3T (d) Section 65B

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 10. Which of the following statements is true regarding the proof of signature and handwriting?
(a) The entire document must be in the person's handwriting for proof.
(b) The relevant portions of the document in their handwriting need to be proved
(c) Only the signature of the alleged person needs to be proved.
(d) Proof of handwriting is never required in legal proceedings.

11. What is the legal requirement for a document that is mandated by law to be attested before it can be used as
evidence?
(a) It must have the signatures of multiple witnesses.
(b) At least two attesting witnesses must be called to prove its execution
(c) At least one attesting witness must be called to prove its execution.
(d) The document must be registered with the court.

12. Which type of document is explicitly excluded from the exemption of calling attesting witnesses for proof of
execution?
(a) Notarized documents (b) Registered documents
(c) Documents executed by government officials (d) Wills

13.
(a) The document must be re-executed in the presence of witnesses.
(b) The court automatically considers the document invalid.

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What is the legal requirement when no attesting witness can be found to prove the execution of a document?

document in his handwriting must be proved.

(d) A public notary must verify the document.

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(c) The attestation of one witness at least in his handwriting and the signature of the person executing the

14.

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Which types of characteristics can be compared using Section 73, in addition to signatures, writings, and
seals?
(a) Fingerprints only
(c) Fingerprints and photographs

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(b) Fingerprints and voice recordings
(d) Fingerprints and finger-impressions

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15. Under which section of the Indian Evidence Act is the proof as to verification of digital signature provided?
(a) Section 73A (b) Section 67A (c) Section 85A (d) Section74

16.

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Which of the following does not fall under the category of a public document as defined in the Evidence Act?
(a) Decree passed in a civil suit
(b) Birth Certificate issued by competent authority
(c) Injury certificate by health practitioner
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(d) Judgement of High Court

17. Who is considered to have the custody of public documents for the purpose of providing certified copies?
(a) Any government employee
(b) Any individual with knowledge of the document
(c) Any officer authorized to deliver such copies by the ordinary course of official duty
(d) Only the head of the government agency

18. When can certified copies be used as proof of the contents of public documents?
(a) Only if the original documents are lost
(b) Whenever they purport to be copies of public documents
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(c) Only if they are verified by an expert witness
(d) Only in criminal cases correct answer with explanation

19. Execution of document may be presumed if the document is to be old

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(a) Ten Years old (b) Twenty Years old tr-5N(c)
5L8LForty years old (d) Thirty years old

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 20. A private document kept as public record of the State comes under the category of: -
(a) Public document (b) Private document
(c) Both Public & Private document (d) None of the above

21. What presumption is made regarding Gazettes, newspapers, private Acts of Parliament, and other documents
in the context of the Indian Evidence Act?
(a) May Presume (b) Shall Presume (c) Conclusive proof (d) None of the above

22. What presumption is made regarding as to books, maps and charts

(a) May Presume (b) Shall Presume (c) Conclusive proof (d) None of the above

23. Presumption as to electronic records five years old is given under which section of the Indian evidence act
(a) Section 88A (b) Section 85A (c) Section 90A (d) Section 85C

24. What evidence should be presented when Z provides a receipt for money paid by Y?
(a) Documentary Evidence (b) Oral Evidence
(c) Primary Evidence (d) Secondary Evidence

25.

c o m
In a trial, while explaining any circumstances appearing in evidence against him, an accused of committing
murder states that due to grave and sudden provocation he was deprived of the power of self-control and
thus, gave a single lathi blow to A Causing his death. The burden to prove grave and sudden provocation is on
(a) Prosecution
(c) Court
(b) Investigating Agency
(d) The Accused

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26.
Court. The Judge before whom the incident took place-
(a) Shall be Called in evidence

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During the trial of a robbery case, a person present in court causes a knife injury to another person before the

(c) May be examined as a witness

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(b) May be called in evidence only under special order of a higher Court

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(d) Call in evidence, only if the trial of that incident is going on before a higher Court

27. A judicial admission operates as

(a) An admission

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(c) A plea of ignorance (d) A waiver of proof as a discretion of court

28. Which of the following statements are correct?

1. The proceedings of the Parliament or State Legislatures of India are judicially noticeable facts
2. Rules
8H3I of the road on land or at sea are not judicially noticeable facts.
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3. Criminal law in force in India is a judicially noticeable fact.
(a) Only 1 (b) 2 and 3 (c) 1,2 and 3 (d) 1 and 3

29. A, who has taken a vow of silence gives evidence in writing in an open court. His evidence shall be deemed to
be?
(a) Documentary evidence (b) Circumstantial evidence
(c) Oral evidence (d) Secondary evidence

30. As per Section 102 of the Indian Evidence Act, the burden of proof in a suit or proceedings lies on the person.
(a) Against whom it is file
(b) Who8Qwould fail if no evidence at all were given on either side
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(c) Who files the case
(d) None of the above

31. Legitimacy of a child born during valid marriage is presumed 8Qunder

3T which of the following provisions of the
Indian Evidence Act? tr-5N5L8L6O7M
(a) Section 115 (b) Section 114 (c) Section 112 (d) Section 113

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 32. Section 114A was introduced in the Indian Evidence Act after widespread protest against which judgment?
(a) Tukaram vs State of Maharashtra (b) Gurmeet Singh vs. State of Haryana
(c) Pramod Mehto vs State of Bihar (d) Harpal Singh vs State of Punjab

33. The principle that possession is prima facie proof of ownership is contained under which Section of the
Indian Evidence Act?
(a) Section 106 (b) Section 109 (c) Section 111 (d) Section 110

34. A agrees in writing to sell a horse to B for either Rs. 1000 or Rs. 1500. What can be done to determine the
actual price agreed upon?
(a) Evidence cannot be presented to clarify which price was intended.
(b) Evidence can be presented only if both parties agree on the price.
(c) The court will automatically assume the lower price.
(d) The court will automatically assume the higher price.

35. What does the rule regarding the exclusion of evidence against the application of a document to existing facts
state?
(a) Evidence can always be given to challenge the application of a document to existing facts.
(b) Evidence may be presented if the language in the document is not plain.

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(c) Evidence cannot be given to show that a document was not meant to apply to existing facts when the
language is clear.

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36.
(d) Evidence can be presented only if both parties agree to it.

Which section of the Indian Evidence act deals with patent ambiguity?
(a) Section 95 (b) Section 93 (c) Section 94

rs .(d) Section 96

37.

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A sells to B by deed “my house” in Mumbai. A has no house in Mumbai but it appears that he had a house in

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Panvel (outskirts of Mumbai) of which B had been in possession since the execution of deed. These facts may
be proved to show that the deed related to the house of Panvel. What type of ambiguity is described in this

38.
scenario?
(a) Latent ambiguity

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(b) Patent ambiguity
a (c) Clear ambiguity (d) Inherent ambiguity

A agrees to sell to B, for Rs. 5000 "my black horse". A has two black horses. Can evidence be presented to

To
determine which black horse A meant to sell?
(a) No, evidence cannot be presented as the statement is clear.
(b) Yes, evidence can be given to show which black horse was intended to be sold.
(c) Evidence can be presented only if both parties agree to it.
(d) Evidence can be presented only if A decides to reveal it.

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What is a private document?
(a) Document executed in a family (b) Secret document
(c) Documents in custody of a private person (d) Document other than a public document

40. Section 81A was added in the Indian Evidence Act by the Information Technology Act, 2000 to provide the
presumption as to
(a) electronic agreements (b) electronic messages
(c) gazettes in electronic forms (d) electronic records

41. Under which Section of the Indian Evidence Act provision relating to
"Examination-in-Chief" provided?
(a) Section
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138 (b) Section 137 (c) Section 136 (d) Section 135
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42. Assertion (A): An accomplice shall be competent witness against an accused person.
Reason (R): An accomplice is unworthy of credit, unless he is corroborated in material particulars.
Codes:
(a) Both (A) and (R) are true, but (R) is not the correct explanation
8Q3T of (A).
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(b) Both (A) and (R) are true and (R) is the correct explanation of (A).
(c) (A) is true, but (R) is false.
(d) (A) is false, but (R) is true

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 43. Which section of the Indian Evidence Act is based on the maxim, “Salus Populi Suprema Lex Esto”:
(a) Section 120 (b) Section 123 (c) Section 119 (d) Section 115

44. Which one of the following statements is legally correct:

(a) A lunatic is incompetent to testify
(b) A witness who is unable to speak cannot give evidence
(c) In criminal proceedings against any person, the husband or wife of such person respectively, shall be a
competent witness
(d) In all civil proceedings, the parties to the suit shall not be competent witnesses

45. Which one of the following sections of the Indian Evidence Act, 1872 has been inserted by the Dowry
Prohibition (Amendment) Act, 1986?
(a) Section 111-A (b) Section 113-B (c) Section 113-A (d) None of the above

46. M agrees to sell to N, “My 2Bhk house at Bhopal”, and my 3Bhk house at Indore, But Mr. M has 3Bhk at Bhopal
and 2Bhk in Indore, evidence may be given of facts showing which he meant to sell What type of ambiguity is
described in this scenario?

47.
(a) Clear ambiguity (b) Patent ambiguity (c) Latent ambiguity

Chapter 6th of the Indian Evidence act will not apply to which document? m
(d) Inherent ambiguity

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(a) Notarized documents
(c) Registered documents
(b) Wills
(d) None of the above

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48.

(c) Burden of proof

(b) Legal obligation
(d) Court jurisdiction

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What is the term used to describe the responsibility of proving the existence of certain facts in a legal case?
(a) Presumption of innocence

49.

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(a) Occasionally Shifts (b) Constantly Shifts

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Burden of proof under section 102 of the Indian Evidence Act
(c) Never Shifts (d) None of the above

50.

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responsibility to prove this admission
(a) X must prove the admission p
Z prosecutes Y for theft, and wishes the court to believe that B admitted the theft to X, who has the

(b) Y must prove that he didn’t admit

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(c) Z must prove the admission (d) Its Court discretion to ask for prove from anyone

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