as

THE INDIAN EVIDENCE ACT

a sama NSCRREaos —

Multiple Choice Questions

1. Indian Evidence Act was drafted by ........

(a) Lord Macaulay (b) Sir James F. Stephen
(c) Huxley (d) Sir Henry Summer Maine [ Ans. : (b) ]
Under the Evidence Act, fact means ........
(a) factum probaiidum (b) factum probmis
(c) both factuin probaizdum and factum probans
(d) none of the above [ Ans. : (c) ]
Question of mode of proof is ........
(a) a question of law which can be raised at any time.
(b) a question of procedure but has to be raised at the first opportunity and stands
waived if not raised at the first opportunity.
(c) a question of procedure and can be raised at any time.
(d) a mixed question of law and fact. [ Ans. : (b) ]
Identification of a suspect by photo is ........
(a) admissible in evidence — (b) not admissible in evidence.
(c) section 9 of Evidence Act excludes identification by photo.
(d) section 8 of Evidence Act excludes identification by photo. [ Ans. : (a) J
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) ]
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) ]
 B-4 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUEST
IONS WITH ANSWER:

Facts discovered in consequences of a joint information ........

(a) are not admissible and can not be used against any of
the accused person.
(b) are admissible and can be used against any one
of the accused person.
(c) are admissible and can be used against all the accus
ed persons.
(d) both (a) and (c) are correct.
[ Ans. : (a)]
-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 ora privat
person.
[ Ans. : (d)

ies
Entries in the books of accounts regularly kept in the course
of business are admissibl
under section 34 of Evidence Act ........
(a) if they by themselves create a liability.
(b) ifthey by themselves do not create a liability.
(c) irrespective of whether they themselves create a liabil
ity or not.
(d) either (a) or (b).
[ Ans. ; (c)]
10. Contents of a document under section 59 of Evidence
Act........
(a) can be proved by oral evidence.
(b) can not be proved by oral evidence.
(c) may or may not be proved by oral evidence.
(d) can only be proved by oral evidence under the
order of the court. [ Ans. : (b)
Il. 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)]
12, Due execution and authentication of a power of attor
ney shall be presumed undef
Section 85 of Evidence Act when executed before and
authentication by ........
(a) anotary (b) a judge
(c) a magistrate (d) all of these [ Ans. : (d)]
 THE INDIAN EVIDENCE ACT
aes

B-5

13. Section 91 of Evidence Acct ........

(a) permits admission of oral evidence to prove the contents of a document where
the writing is a fact in issue.
(b) prohibits admission of oral evidence to prove the contents of a document, where
the writing is a fact in issue.
(c) prohibits admission of oral evidence to prove the contents of a document where
the writing is not a fact in issue and is merely a collateral memorandum.
(d) both (b) and (c). [ Ans. : (b) ]
14. Facts can be ........
(a) physical facts (b) psychological facts
(c) physical as well as psychological facts.
(d) only physical facts and not psychological facts. [ Ans. : (c) ]
iS. Which of the following is true as to the standard of proof in criminal and civil
proceedings?
(a) In criminal proceedings the standard is beyond reasonable doubt and also in civil
proceedings.
(b) In criminal proceedings the stand is beyond reasonable doubt while in civil
proceedings it is "upon the balance of probabilities’.
(c) In criminal and civil proceedings both it is upon the balance of probabilities’.
(d) In criminal proceedings it is ‘upon the balance of probabilities’ while in civil
“beyond reasonable doubt’, [ Ans. : (b) ]
16. For presumption of death under section 108 of Evidence Act, the person is
shown to
be not heard for a period of ........
(a) 3 years (b) 7 years
(c) 12 years (d) 30 years [ Ans. : (b) ]
17, The deciding factor under section 112 of Evidence Act is ........
(a) the date of birth of the child
(b) the date of conception of the child
(c) the date of birth or the date of conception depending on the facts and circumstances
(d) only (b) and (a). [ Ans. : (a) ]
 )
B-6 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

18. Estoppels are binding ........

(a) upon litigating parties (b) upon privies of the litigating parties
[ Ans. : (d)]
(c) upon strangers to the list (d) both (a) and (b) only
19, Estoppel operates in case ofa tenant........
(a) during the continuance of tenancy.
to quit.
(b) who remain in possession after the termination of tenancy by notice
(d) only (a) and not (b) [ Ans. : (c)]
(c) both (a) and (b)
Act relates
20. Privilege in respect of husband and wife under section 122 of Evidence

(a) question which a witness cannot be compelled to answer.

(b) question which a witness cannot be permitted to answer.
(d) only (b) and not (a) [ Ans. : (c)]
(c) both (a) and (b)
record’
21. In deciding whether the document falls in the category of ‘unpublished official

(a) has the jurisdiction to inspect the documents itself.

(b) the court is banned from inspecting the document.
ion.
(c) the court can compel the production of the document for inspect
(d) both (a) and (c) are correct. [ Ans. : (b)]

22. Examination in chief of a witness ........

(a) shall be by the party calling the witness.
(b) shall be by the adverse party.
(c) both (a) and (b) (d) either (a) or (b) [ Ans. : (a)]
the
23. A leading question has been defined as a question suggesting the answer which
person putting it wishes or expects to receive, under ........
(a) Section 140 of Evidence Act (b) Section 141 of Evidence Act

(c) Section 142 of Evidence Act (d) Section 143 of Evidence Act
[ Ans. : (b)]

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

(a) to the adverse party only
THE INDIAN EVIDENCE ACT me

(b) to the party calling the witness only

(c) to either of the parties if the answer is adverse to either of the parties
(d) only (a) and not (b) [ Ans. : (c) ]
25. Examination of witnesses in criminal cases through video conferencing is ........
(a) permissible (b) impermissible
(c) permissible at the option of the witness.
(d) permissible at the option of the accused. [ Ans. : (a) ]
26. Which section deal with Oral Evidence?
(a) Section 54 (b) Section 14
(c) Section 37 (d) Section 60 [ Ans. : (d) ]
as Section 133 deals with ........
(a) A person who take part in the commission of crime.
(b) A person who give information of crime.
(c) A court which entertains the case.
(d) A police officer who Is related to the case. [ Ans. : (a) ]
28. The Indian Evidence Act, 1872 applies to all judicial proceedings in or before any
Court, including Courts-martial, but not to ........
(a) affidavits presented to any Court or Officer, nor to proceedings before an arbitrator.
(b) power of attorney presented to any Court or Officer, nor to proceedings before an
arbitrator,
(c) only to high courts and supreme court.
(d) only to criminal courts. [ Ans. : (a) ]
29, Burden of proof under section 101 of Evidence Act ........
(a) never shifts (b) goes on shifting as the trial proceeds
(c) may shift (d) both (b) and (c) are correct [ Ans. : (a) ]
30, According to §. 25 of Indian Evidence Act, 1872, a confession made before a police
officer ........
(a) must be proved
(b) need not be proved
 q
MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUEST
IONS WITH ANSWERS

(c) must be proved only in certain cases

(d) must be proved by that police officer
[ Ans, : (b) ]
31. 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) ]
32. 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)]
33. Relevancy is ........
(a) question of law and can be raised at any time.
(b) question of law but can be raised at the first opportunity.
(c) question of law which can be waived.
(d) question of procedure which can be waived.
[ Ans. : (a) |
34. 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 compe
nsation.
Il. damages are usually assessed on the basis of actual
loss suffered and are called
general or ordinary damages.
II. where the plaintiff has not suffered any real damag
es by reason of breach of
contract, normally, nominal damages are awarded.
IV. special damages can be awarded for personal incon
veniences or physical dis-
comfort caused by the other party.
(a) I, [and IV (b) IL, I and IV
(c) I, IandIv (d) all of them [ Ans. : (d) ]
 -

XS) THE INDIAN EVIDENCE ACT gs

35. Admissions ........
(a) are conclusive proof of the matters admitted.
(b) are not conclusive proof of the matters admitted
but operate as estoppel.
(c) are conclusive proof of the matter and also opera
te as estoppel.
(d) both (a) and (c) are correct.
[ Ans. : (b) ]
36. Under section 14 of Evidence Act Explanation I ........
(a) evidence of general disposition, habit or tende
ncies
is inadmissible.
(b) evidence having a distinct and immediate refer
ence to the particular matter in
question is admissible.
(c) both (a) and (b) are correct.
(d) both (a) and (b) are incorrect,
[ Ans. : (c) ]
Bi. Under section 9 of Evidence Act ........
(a) the identification parades of suspects are relev
ant.
(b) the identification parades of chattels are relevant.
(c) both (a) and (b) are relevant.
(d) only (a) and not (b) is relevant.
[ Ans. : (c) ]
38. Which of the following has not been mentioned
in the definition of “Documents” as
the means by which any matter is expressed
or described upon any substance?
(a) Letters (b) Symbols
(c) Figure (d) Marks . ‘[ Ans. : (b) ]
39, 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 the above
[ Ans. : (a) ]
40. Which of the following is true of the effects of admi
ssions?
(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 resul
t that it casts an imperative duty
B-10 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

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) ]

41. 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 these { Ans. : (c) |

42. 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 and not by secondary evidence. [ Ans. : (c) |

43. 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)]

44, 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)]

45, 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)]
THE INDIAN EVIDENCE ACT B-11

46. 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) ]
47. 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) ]
48. According to Section 62, a Primary Evidence means ........
(a) the document itself produced for the inspection of the Court,
(b) The true copy of the document produced for the inspection of the Court.
(c) the Xerox copy of the document produced for the inspection of the Court.
(d) Notarized copy of the document. [ Ans. : (a) ]
49, Section 105 of Evidence Act applies to ........
(a) criminal trials (b) civil trials
(c) both (a) and (b) (d) neither (a) nor (b) [ Ams. : (a) ]
50. When there is a question whether an act was accidental or intentional or done with a
particular knowledge or intention, the fact that such act formed part of a series of
similar occurrences, in each of which the person doing the act was concerned ........
(a) is relevant (b) is irrelevant
(c) is material (d) is immaterial [ Ans, : (a) ]
31. No public officer shall be compelled to disclose communications made to him in
official confidence when he considers that the public interests would suffer by the
disclosure is ........
(a) Privileged communication (b) Official communication
(c) Private communication (d) Confidential communication
[ Ans. : (b) ]
 r
B-12 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

52. Documentary Evidence is included in the Act under ........

(a) Section 3 (b) Section 53
(c) Section 65 (d) Section 8 [ Ans. : (a)]
53. Which confession needs a closer scrutiny?
(a) Confession made to officers under NDPS Act.
(b) Confession made to private citizens
(c) Confession made to officials who do not have investigation powers under NDP§
Act.
(d) When confessional statement found voluntary and free from pressure.
[ Ans. : (a)]
54. Under Section 41 of Evidence Act the presumption is with respect to ........
(a) judgments in rem when they are inter- parts.
(b) judgment in rem whether such judgments are inter-partes or not.
(c) judgments in personam. (d) all the these [ Ans. : (b)]
55. During examination in chief or re-examination ........
(a) leading questions cannot be asked under any circumstances.
(b) leading questions on certain matters can be asked without the permission of the
court, as a matter of right.
(c) leading question on certain matter can be asked only with the permission of the
court.
(d) only (a) and not (b) or (c). [ Ans. : (c) ]
56. Re-examination of a witness ........
(a) shall be by the party calling the witness
(b) shall be by the adverse party
(c) both (a) and (b) (d) either (a) or (b) [ Ans. : (a)]
57. Section 124 of Evidence Act provides for privileged in respect of........
(a) professional communications. (b) official communications.
(c) communications as to information of commission of offence.
(d) none of the above. [ Ans. : (b)]
THE INDIAN EVIDENCE ACT B-13

58. Admissibility of the evidence under section 122 of Evidence Act has to be adjudged

(a) in the light of the status on the date when the communication was made.
(b) in the light of the status, on the date when the communication is sought to be
tendered in court.
(c) in the light of the status, on the date when the evidence is to be given in the court.
(d) either (a) or (b) or (c). [ Ans. : (a) ]
59. Under section 116 of Evidence Act, the tenant is estopped ........
(a) from denying the title to the property, of the landlord.
(b) from denying the title to the property, of the actual owner.
(c) both (a) and (b) (d) only and not (a) [ Ans. : (a) |
60. Estoppel is a rule of.........
(a) civil action (b) criminal action
(c) both civil and criminal action (d) only (b) and not (a) [ Ans. : (a) ]
61. Section 114 of Evidence Act provides for certain ........
(a) presumption of facts. (b) rebuttable presumptions of law.
(c) irrebuttable presumptions of law. (d) presumption of facts and law both.
[ Ans. : (a) ]
62. The presumption under section 109 of Evidence Act as to certain human relationship
sabeeeee

(a) is obligatory and arises irrespective of the lapse of time.

(b) is permissive and operates only for a period for which the state of things which
are the subject matter of presumption ordinarily lasts.
(c) is obligatory and operates only for a period for which the state of things which
are the subject matter of presumption ordinarily lasts.
(d) either (b) or (c). [ Ans. : (a) ]
63, Under proviso 4 to section 92 of Evidence Act, oral evidence is admissible in cases

(a) where the contract has been written voluntarily and not required by laws to be so
written.
 |
B-14 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

(b) where the law required the contract to be in writing.

(c) where the contract has been registered under the law of registration of documents,
(d) all the above. [ Ans. : (a) ]
64. Section 91 of Evidence Act applies to documents which are ........
(a) unilateral (b) bilateral
‘(c) tripartite (d) all the these [ Ans. : (d) ]
65. Due execution ofa document more than thirty years old coming from proper custody,

(a) presumption of fact. (b) rebuttable presumption of law.

(c) irrebuttable presumption-of law. (d) presumption of fact and law both.
{ Ans. : (a)] |
66. Contents of a document may be proved under section 61 of Evidence Act ........
(a) by primary evidence. (b) by secondary evidence.
(c) either by primary or by secondary evidence.
(d) only by primary evidence and not by secondary evidence. [ Ans. : (c)]
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. 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)]
69. 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.
JHE INDIAN EVIDENCE ACT B-15

(c) never admissible in criminal proceedings,

(d) both (b) and (c). [ Ans. : (d) ]
70. Under Section 15 of Evidence Act, facts showing series of similar occurrences,
involving the same person are relevant ........
(a) when it is uncertain whether the act is intentional or accidental I.
(b) when it is certain that the act is with guilty knowledge.
(c) when it is certain that the act is done innocently.
(d) either (b) or (c). [ Ans. : (a) ]
71. 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) ]
72. Which of the following documents are not admissible in evidence?
(a) Documents improperly procured.
(b) Documents procured by illegal means
(c) Both (a) and (b) (d) Neither (a) nor (b) [ Ans. : (d) ]
73. Fact in issue means ........
(a) fact, existence or non-existence of which is admitted by the parties.
(b) fact, existence or non-existence of which is disputed by the parties.
(c) fact existence or non-existence of which is not disputed by the parties.
(d) all the above. [ Ans. : (b) ]
74, The law of evidence consists of ........
(a) ordinary rules of reasoning (b) legal rules of evidence
(c) rules of logic (d) all the these [ Ans. : (b) ]
155 Relevancy and admissibility under the Indian Evidence Act are ........
(a) synonymous (b) co-extensive
(c) neither synonymous nor co-extensive
(d) synonymous and co-extensive both [ Ans. : (c) ]
 B-16 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS
WITH ANSWERS

76. Evidence under the Indian Evidence Act means and includes
........
(a) ocular evidence,
(b) documentary evidence.
(c) ocular and documentary evidence both.
(d) ocular evidence based on documents only,
[ Ans. : (c) ]
Ts The facts which form part of the same transaction are relevant ........
(a) under Section 5 of Evidence Act (b) under Section 6 of Eviden
ce Act
(c) under Section 7 of Evidence Act (d) under Section 8 of Evidence Act -
[ Ans. : (b) ]
78. A confession made ‘by a conspirator involving other members
is relevant against the |
co-conspirator jointly tried with him and is admissible ........
(a) under Section 8 of Evidence Act
(b) under Section 10 of Evidence Act
(c) under Section 30 of Evidence Act
(d) both (b) and (c)
[ Ans, : (c) ] 7
79, Admission has been defined as a statement made by a party or any person
connected
with him, suggesting any inference as to a fact in issue or relevant
fact under certain |
circumstances, under ........
(a) Section 16 of Evidence Act (b) Section 17 of Evidence Act
(c) Section 18 of Evidence Act (d) Section 19 of Evidence Act
[ Ans. : (b)] |
80. Admissions made by a party are evidence against ........
(a) privies in blood (b) privies in law
(c) privies in estate (d) all the these [ Ans. : (c)] |
81. A retracted confession ........ .
(a) can be made solely the basis of conviction.
(b) cannot be made solely the basis of conviction under any circum
stances.

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

[ Ans, : (c)] |
THE INDIAN EVIDENCE ACT B-17

82. 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) J
83. Declaration as to custom are admissible ........
(a) under Section 32(1) of Evidence Act
(b) under Section 32(2) of Evidence Act
(c) under Section 32(4) of Evidence Act
(d) under Section 32(7) of Evidence Act [ Ans. : (c) ]
84. 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) and (c). [ Ans. : (c) J
85. Secondary evidence of a document means ........
(a) copies of that document. (b) oral account of the contents of the documents.
(c) both (a) and (b) (d) only (a) and not (b) [ Ans. : (c) ]
86. 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) ]
87. The presumption under Section 90 of Evidence Act can be drawn in respect of.........
(a) original documents (b) certified copies
(c) uncertified copies (d) all the these [ Ans. : (a) ]
88. Extrinsic evidence to show the meaning or supply the defects in an instrument, is
prohibited under section 93, in respect of........
(a) ambiguitas patens (b) ambiguitas lateens
(c) both (a) and (b) (d) only (b) and not (a) [ Ans. : (a) ]
 WITH ANSWERS
MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS

—
his case falls-iinias....
89 . In criminal trials, the onus is on the accused to prove that
(a) any of the general exception (b) any of the special exception
(d) all the these [ Ans. : (d) ]
(c) any of the proviso to any provision
is contained in ........
90. The principle that possession is prima facie proof of ownership
(a) Section 109 of Evidence Act (b) Section 110 of Evidence Act
(c) Section 111 of Evidence Act (d) Section 112 of Evidence Act
[ Ans. : (b) ]

91. An accomplice is ........

(a) not a competent witness against an accused.
(b) a competent witness against an accused.
(c) cannot be a competent witness against an accused.
(d) either (a) or (c). [ Ans. : (b) ]

92. Estoppel can be ........

(a) by matter of record resulting from the judgment of a competent court.
facts.
(b) by deed resulting from entering into a solemn engagement as to certain
conduct of
(c) by pais arising from agreement or contract and from act or
misrepresentation resulting in a change of position.
[ Ans. : (d) ]
(d) all the above.
from denying the
93. A tenant or licencee under section 116 of Evidence Act is estopped
title of landlord ........
(a) during the continuance of tenancy.
(b) after the creation of tenancy or licence.
(c) after the surrender of possession under tenancy or licence.
(d) all the above. [ Ans. : (a) ]
122 of Evidence
94. A communication made to the spouse during marriage, under Section
Actan.in
divorce
(a) remains privileged communication after the dissolution of marriage by
or death.
or death.
(b) does not remain privileged after the dissolution of marriage by divorce
 THE INDIAN EVIDENCE ACT B-19

(c) does not remain privileged after the dissolution of marriage by divorce, but remains
privileged even after death.
(d) remains privileged after the dissolution of marriage by divorce but not so on
after death. [ Ans. : (a) ]
95. For protection under section 124 of Evidence Act, the communication is to be made:
(a) to a public officer in official confidence. ‘
(b) to a public officer as a routine matter.
(c) to a public officer as an ordinary cause of his duties.
(d) either (a) or (b) or (c). [ Ans. : (a) ]
96. Re-examination of a witness can be done.........
(a) after examination in chief but before cross-examination.
(b) after examination chief and after cross-examination.
(c) either (a) or (b) (d) neither (a) nor (b) [ Ans. : (b) ]
97. Under Section 145 of Evidence Act, a witness may be cross-examined as to previous
statement in writing ........
(a) without proving the same and without showing the same to the witness.
(b) only after proving the same, may be without showing the same to the witness.
(c) without proving the same but only after showing the same to the witness.
(d) only after proving the same and showing the same to the witness. [ Ans. : (a) ]
98. The presumption under section 41 of Evidence Act is a........
(a) “presumption of fact (b) rebuttable presumption of law
(c) irrebuttable presumption of law — (d) presumption of fact and law
[ Ans. : (c) ]
99, For taking the dying declaration from the deceased; the presence of Magistrate is ....
(a) mandatory (b) not mandatory
(c) required at the request of the police.
(d) required at the request of the relative of the deceased. [ Ans. : (b) ]
100. Under section 27 of Evidence Act........
(a) the whole statement is admissible.
 ONS WITH ANSWERS
B-20 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTI

admissible.
(b) only that portion which distinctly relates to the discovery is
s of the case.
(c) both are admissible depending on the facts and circumstance
[ Ans. : (b) ]
(d) only (a) and not ().
101. Which is not the essential of the Doctrine of Res Gestae?
be a statement.
(a) The statement made should not be an opinion and must
ction.
(b) The statements should be made by the participants of the transa
or brief about the
(c) The statements should have enough information to explain
incident.
[ Ans. : (d) ]
(d) The statement must be as per the advice of legal expert.
ers that they are
102. All persons shall be competent to testify unless the Court consid
giving rational
prevented from understanding the questions put to them, or from
disease, whether of
answers to those questions, by tender years, extreme old age,
body or mind or any other cause of the same kind is ........
(a) Child witness (b) Adult witness
(d) Lunatic witness [ Ans. : (a) |
(c) Dumb witness
103. Confession made to a police officer, ........
(a) shall be proved as against a person accused of any offence.
(b) shall not be proved as against a person accused of any offence.
(c) Must be proved as against a person accused of any offence.
e. [ Ans. : (a) ]
(d) May be proved as against a person accused of any offenc
his case falls in ........
104. In the criminal trials, the onus is on the accused to prove that
(a) any of the general exception (b) any of special exception
(d) all of these [ Ans. : (a) J
(c) any of the proviso to any provisions
The Court may direct
105. According to which section of The Indian Evidence Act, 1872,
purpose of enabling
any person present in Court to write any words or figures for the
or figures
the Court to compare the words or figures so written with any words
alleged to have been written by such person.
(a) Section 62 (b) Section 65A
(d) Section 73 [ Ans. : (d) ]
(c) Section 12
 THE INDIAN EVIDENCE ACT
B-21

106. In which of the following cases the evidence given by the witnes
s 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 Indian Evidence Act, 1872.
[ Ans. : (a) ]
107. 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 the above.
[ Ans. : (c) ]
108. 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 incorp
orated 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 ambig
uous, vague to be
true.
(d) All of the above.
[ Ans. : (d) ]
109, Oral evidence under section 60 of Evidence Act may be........
(a) direct only (b) hearsay
(c) both (a) and (b) (d) either (a) or (b) [ Ans. : (a) ]
110. A dying declaration ........
(a) can form the sole basis of conviction without any corrob
oration by independent
evidence.
(b) can form the basis of conviction only on corroboration by indepe
ndent witness,
B-22 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

(c) cannot form the sole basis of conviction unless corroborated by independent
witness.
(d) only (b) and (c) are correct. [ Ans. : (a) ]

111. 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) |

112. Which of the following term is not defined in Indian Evidence Act?
(a) Proved (b) Misproved
(c) Disproved (d) Not-Proved [ Ans. : (b) ]

113. Doctrine of “ Res Gestae” literally means ........

(a) Things done (b) Things Spoken
(c) Same transaction (d) Things Then [ Ans. : (a) ]

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

115. 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 2 (oye

116. 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) and (b) are correct. { Ans. -?(a)]
THE INDIAN EVIDENCE ACT - B-23

117. 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) and (b).
(d) is neither admissible in cases of offences against marriage nor in proceedings
under Indian Divorce Act. [ Ans. : (d) ]
118, Under section 32(4) of Evidence Act, the declaration ........
(a) as to public rights and customs are admissible.
(b) as to private rights and customs are admissible.
(c) as to both public and private rights and customs are admissible.
(d) only as to customs are admissible. [ Ans. : (a) ]
119, 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 these [ Ans. : (a) }
120. 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 these [ Ans. : (c) ]
121. 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) ]
 QUESTIONS WITH ANSWERS
B-24 MULTIPLE CHOIGE QUESTIONS & DESCRIPTIVE

under section 35 of the Indian

122. Accused wants to submit a document for consideration
will the document become
Evidence Act, 1872. In which of the following cases
irrelevant?
(a) It does not deal with a fact in issue.
(b) It does not deal with a relevant fact.
r or record.
(c) It is not an entry made in public or other official book, registe
[ Ans. : (c) ]
(d) It is not an entry made by public servant.
as to abetment of
123. According to S. 113A of Indian Evidence Act, 1872, Presumption
must be committed:
suicide by a married woman, it must be shown that the suicide
(a) within a period of ten years from the date of her marriage.
(b) within a period of six years from the date of her marriage.
(c) within a period of seven years from the date of her marriage.
[ Ans. : (c) ]
(d) within a period of one year from the date of her marriage.
124. A person in section 106 of the Evidence Act refers to ...:....
(a) a party to the suit (b) a stranger to the state
the suit
(c) a person who is not a party to the suit but interested in the outcome of
(d) a witness [ Ans. : (a) ]

125. Certified copies are considered as ........

(a) Secondary evidence (b) primary evidence
(c) accepted evidence (d) invalid form of evidence [ Ans. : (a) ]
in
126. A witness who is unable to speak may give his evidence in any other manner
must be
which he can make it intelligible, as by writing or by signs; but such writing
shall be deemed to
written and the signs made in open Court, the evidence so given
be oral evidence is known 4s ........
(a) Dumb witness (b) An informer
(d) Hostile witness [ Ans. : (a)]
(c) Female witness _

127. Conspiracy means ........

(a) An act done b few person (b) An act of illegal nature

(c) An act of legal nature by illegal means

(d) All of the above [ Ans. : (d) J
 THE INDIAN EVIDENCE ACT
B-25

128. The provision “hostile witness” is provided

under section ...,... of Indian Evidence
Act.
(a) Section 155 (b) Section 133
(c) Section 154 (d) section 145
[ Ans. : (c)]
129. The evidence unearthed by the sniffer dog
falls under ........
(a) oral evidence (b) documentary evidence /
(c) hearsay evidence (d) scientific evidence
[ Ans, : (d) ]
130. Under section 145 of Evidence Act, a witn
ess may be contradicted as to previous
statemen t in writing ........
(a) without proving the same and with
out showing the same to the witness.
(b) without proving the same but only after
showing the same to the witness.
(c) after proving the same may be before
showing the same to the witness.
(d) after proving the same and showing
the same to the witness. [ Ans. : (b) ]
131. Cross-examination of a witness .......
.
(a) must relate to relevant facts and has
to be confined to what the witness testi
in examination in chief. fied

(b) must relate to relevant facts but need

not be confined to what the witness testi
in examination in chief. fied

(c) may not relate to relevant facts but

must relate to what the witness testified
examination in chief. in

(d) may not relate to relevant facts and

may not be confined to what the witness
testi
fied in examination in chief.
[ Ans. : (b) ]
132, The professional privilege under section
126 of Evidence Act is available in resp
of communication made ........ ect

(a) for the purposes of professional empl

oyment.
(b) the cause of employment.
(c) both (a) and (b) (d) neither (a) nor (b)
[ Ans. : (c) ]
133. A document containing a communic
ation from a husband to a wife or vice
the hands of a third person ........ versa, in

(a) is not admissible in evidence until consente

d to by the writer of the communication.
 S WITH ANSWERS
S & DESCRIPTIVE QUESTION
MULTIPLE CHOICE QUESTION

until.
at all is not admissible in evidence
(b) is not admissible in evidence
(c) is admissible in evidence.
[ Ans. : (c) ]
(d) either (a) or (0).
......-+
Sect ion 118 who amo ngs t the following are competent witnesses
134. Und er
(a) child (b) accused
[ Ans. : (d) ]
(c) lunatic (d) all the above
ence Act ........
135. The estoppel in section 115 of Evid
(a) is an estoppel by record (b) is an estoppel by deed
[ Ans. : (c) ]
(c) is an estoppel by pais (d) all the above

136. Presumption ........

(a) is an evidence (b) is a proof
f lies
(c) shows on whom the burden of proo
[ Ans. : (c)]
(d) all the above.
ion 110 of Evidence Act is .......-
137. The possession contemplated under sect
(b) symbolic possession
(a) juridical possession
(d) all the above [ Ans. : (c) |
(c) actual physical possession
........
138. In criminal trials, it is bound to presume
any of the general or special exceptions.
(a) that the case of the accused falls in
he is
proviso to the provision under which
(b) that the case of the accused falls in
charged.
exceptions
sed falling in any general or special
(c) the absence of the case of the accu
which the accused is charged.
or the proviso fo the provision under
[ Ans. : (c)]
(d) both (a) and (b) and not {c).
d in .....+
side the burden of proof lies is containe
139. The test of ascertaining on which
(b) Section 101 of Evidence Act
(a) Section 100 of Evidence Act
(d) Section 103 of Evidence Act
(c) Section 102 of Evidence Act
[ Ans. : (c)]}
of a
ion 92 of Evid ence Act proh ibit s admission of oral evidence, in respect
140. Sect
.
written document, for the purpose of .......
 THE INDIAN EVIDENCE ACT
B-27

(a) contradicting its terms (b) varying its terms

(c) adding to its terms (d) all the above
[ Ans. : (d) ]
141. Period of thirty years under section 90 of
Evidence Act is to be reckoned from .......
(a) the date on which the document is
relied upon.
(b) the date on which the document is filed
in the court.
(c} the date on which the document
is tendered in evidence, when its genu
ineness
becomes a subject of proof.
(d) all the above,
[ Ans. : (c)]
142. 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 unde
r all the circumstances,
(d) both (a) and (b) are correct.
[ Ans. : (a) ]
143. Section 91 of Evidence Act applies to .......
.
(a) transactions which under the law
must be in writing.
(b) transactions which are reduced into
writing voluntarily.
(c) both (a) and (b) (d) only (a) and not (b)
[ Ans. : (c) ]
144. Confession of a co-accused, not required
to be on oath and cannot be tested by
examinat cross
ion.
I. is no evidence within the meaning
of section 3 of Evidence Act and cann
ot 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 beli
eving such other evidences as
exists.
UI. itis a very weak type of evidence and
is much weaker even than the evidence of
an approver . In the aforesaid propositions,
(a) all I, IT and UL are correct
(b) only I and ITI are correct
(c) only I and II are correct
(d) only If and III are correct

[ Ans, ; (a)]
 ERS
MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSW
B-28

e custody is inadmissible as per ........

A confession made by a person while in polic

-—
145.
(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) ]

?
146. Which of the following admission is no evidence
ts in a suit against another defendant.
(a) An admission by one of the several defendan
a minor.
(b) An admission by a guardian ad litem against
against the firm or other partners.
(c) An admission by one of the partners of a firm
{ Ans. : (d) ]
(d) Only (a) and (b).

147. Admissions ........

(a) must be examined as a whole and not in parts.
(b) can be examined in parts.
(c) can be examined as a whole or in parts.
[ Ans. : (a) ]
(d) both (b) and (c) are correct.
148. 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) ]

under section 6 of Evidence

149. A fact forming part of the same transaction is relevant
Acthas.:
time and place.
(a) if it is in issue and have occurred at the same
times and places.
(b) if it is in issue and may have occurred at different
at the same time and place or at
(c) though not in issue and may have occurred
different times and places.
same time and place.
(d) though not in issue, must have occurred at the
[ Ans. : (c) |

an evidence.
150. Propositions under Evidence Act are Affidavit is
I. Affidavit Is an evidence.
is evidence.
II. Everything produced before the court tor inspection
 THE INDIAN EVIDENCE ACT
B-29

Il. Anything of which judicial notice can be taken is evidence.

IV. Written statement of an accused is evidence. Which of the following is
true in
respect of the aforesaid propositions
(a) I, Il, I and IV all are correct.
(b) I, Il and III are correct but I'V is incorrect,
(c) I, Hand IV are correct but III is incorrect.
(d) I, If and IV are incorrect but III is correct.
[ Ans. : (d) ]
151. ‘Self-regarding’ statements ........
(a) can be self-serving statements (b) can be self-harming statements
(c) can be self-serving or self-harming (d) none of the above [ Ans. : (c) ]
152. What is correct as regards the admissibility of self-regarding statements
........
(a) self-harming statement is admissible but a self-serving statement is
not generally
admissible.
(b) self-serving statement is admissible but a self-harming statement
is not generally
admissible.
(c) self-serving and self-harming statements both are generally admissi
ble.
(d) self-serving and self-harming statements both are generally inadmissible.
[ Ans. : (a)]
133. Proof of a fact depends on........
(a) accuracy of the statement and not upon the probability of its existen
ce.
(b) not upon the accuracy of the statement but upon the probability
of its existence.
(c) artificial probative value assigned to a fact.
(d) rigid mathematical demonstration.
[ Ans. : (b) ]
154. Several classes of facts, which are connected with the transaction(s)
in a particular
mode, are relevant ........
(a) under Section 6 of Evidence Act (b) under Section 7 of Evidence Act
(c) under Section 8 of Evidence Act (d) under Section 9 of Evidence Act
[ Ans. : (b) ]
 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

. Transaction and instances relating to a right or custom are relevant ........

(a) under Section 6 of Evidence Act (b) under Section 8 of Evidence Act
(c) under Section 10 of Evidence Act (d) under Section 13 of Evidence Act
[ Ans. : (d) ]
156. Admissions bind the maker .........
(a) in so far as it relates to facts.
(b) in so far as it relates to question of law.
(c) both on questions of facts and of law.
(d) neither (a) nor (b). [ Ans. : (a) ]
157. 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) ]
138. A confession made while in police custody is admissible under section 26 of Evidence

(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)]

159, “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. : (a) |
160. 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) ]
 THE INDIAN EVIDENCE ACT
B-31

161. Propositions under Evidence Act are

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

Il. In criminal cases, the evidence of

good character is admissible generally.
UL. In criminal proceedings, evid
ence of bad character is inadmiss
ible 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 followin g is correct statement.
(a) all the four (I, I, IIT and IV) are corre
ct.
(b) I, If and Ill are correct but IV is inco
rrect,
(c) Land II are correct but II and IV
are incorrect.
(d) I and III are correct but II and IV
are incorrect, [ Ans. : (a) ]
162. The circumstances under which the
secondary evidence is admissible have
enumerated in ........ been

(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) ]
163. 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) ]
164. Section 90 of Evidence Act applies to .......
..
(a) non-testamentary documents
(b) testamentary documents
(c) both testamentary and non-testamen
tary documents.
(d) none of the above.
[ Ans. : (c) ]
163. Section 92 of Evidence Act is applicab
le to .......,
(a) disputes between the parties to the
instrument only.
(b) disputes between a party to the inst
rument and a stranger.
B-32 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

(c) disputes between two strangers where the document is in question.

(d) all the above. [ Ans. : (a) ]

166. Burden of proof means ........

(a) the burden of proof as a matter of law and pleadings is burden of establishing a
case.
(b) the burden of proof as to introduction of evidence.
(c) both (a) and (b) (d) only (b) and not (a) [ Ans. : (c) ]

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

168, Section 110 of evidence Act in its operation ........

(a) is limited to immoveable property.
(b) is limited to moveable property.
(c) is not limited to immoveable property and applies to moveable property as well.
(d) is not limited to immoveable property but applies only to certain moveable
property. [ Ans. : (c) ]

169. Presumption as to abetment of suicide by a married woman has been provided ......
(a) under Section 111A of Evidence Act
(b) under Section 113A of Evidence Act
(c) under Section 113B of Evidence Act
(d) under Section 113 of Evidence Act [ Ans. : (b) ]

170. In which of the following there is no estoppel?

(a) on a point of law (b) against a statute
(c) attestation of a deed (d) all the above [ Ans. : (c) ]

171. A person is competent to testify ........

(a) if he understands the question put to him.
(b) if he is able to give rational awareness to those questions.
(c) ifhas both (a) and(b) —(d) if has (a) only and not (b) [ Ans. : (c) ]
 THE INDIAN EVIDENCE ACT
B-33

172. A husband or wife are permitted

to disclose any Communication
marriage ......., between them during

(a) in civil proceedings betwee

n the parties.
-(b) in criminal proceedings betwee
n the parties,
(c) in matrimonial proceedings
between the parties.
(d) all the above.
[ Ans. : (d) ]
173. Legal advisor ........
(a) I can disclose the communica
tion after his clients death.
(b) f can disclose the communica
tion after the relation with his
client has ended.
(c) cannot disclose the commun
ication even when the relation
is ended or the client
has died.
(d) both (a) and (b) are correct.
[ Ans. : (c) ]
174. Re-examination of a Witness
........
(a) can be for the Purposes of fill
ing what is left-over in examinati
on in chief.
(b) can be for the purposes of explai
ning the matters referred to in
cross-examination.
(c) can be for the purposes of
explaining the matters referred
to in the examination
in chief
(d) all the above.
[ Ans, : (b) ]
175. Objections as to the admiss
ibility of a document in eviden
ce .......,
(a) can be made at any state dur
ing the trial.
(b) can be made at the first opport
unity when the document is ten
dered in evidence,
(c) can be raised for the first time
in appeal.
(d) all the above.
[ Ans. : (b) ]
176. Though the contempt proceedin
gs are Judicial proceedings, the
contained in the Evi strict rules of evidence
dence Act do not apply to procee
Courts Act because ,....... dings under the Contempt of

(a) of summary nature of inquiry.

(b) contempt matters are govern
ed by special Acts,
(c) contempt of courts does not
require enquiry and the investiga
tion.
(d) contempt proceedings are
tried in higher judiciary.
[ Ans. : (a) ]
B-34 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

177. The confession by a person will be considered not relevant if there are ........
(a) Inducement (b) Threat
(c) Promise (d) All of these [ Ans. : (d) |

178. Ifa married woman dies within the period of........ from the date of marriage, it will
be considered as presumption as to abetment of suicide by a married woman.
(a) 15 years (b) 5 years
(c) 7 years (d) none of these [ Ans. : (c) ]

179, Evidence of terms of contracts, grants and other dispositions of property reduced to
form of documents, covered under ........
(a) Section 91 (b) Section 92
(c) Section 93 (d) Section 94 [ Ans. : (a) |

180. For presumption under section 107 of Evidence Act, the person to be shown to be
alive within ........
(a) 7 years (b) 12 years
(c) 3 years (d) 30 years { Ans. : (d) ]
181. According to $. 60, Oral Evidence must be ........
(a) Suitable (b) Satisfactory
(c) Obtained (d) Direct [ Ans. : (d) ]

182. 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 the above. [ Ans. : (a) ]
183. During the cross examination of the witness as to previous statements made before
the police almost all contradictions or omissions were brought on record, which
were portions from the statements made before the police that were not deposed
before the court. Which of the following statements will apply to the case?
(a) The credibility of the witness has been impeached under section 148 of the Indian
Evidence Act, 1872.
 THE INDIAN EVIDENCE ACT
B-35

(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)]
184. Privilege under Section 121 of Evidence Act is ........
(a) available to an arbitrator
(b) not available to an arbitrator
(c) may or may not be available to an
(d) arbitrator both (b) and (c) are correct
[ Ans. : (a) ]
185. Rule of estoppel of tenants and of licence of person in possession is
contained in ....
(a) Section 116 of Evidence Act (b) Section 117 of Evidende Act
(c) Section 118 of Evidence Act (d) Section 119 of Evidence Act
[ Ans. : (a) ]
186. The doctrine of estoppel is a ........
(a) substantive law (b) rule of equity
(c) rule of evidence (d) law of pleadings [ Ans. : (c) ]
187, Section 112 of Evidence Act applies when there is a dispute regarding
........
(a) maternity of a child (b) paternity of a child
(c) both (a) and (b) (d) either (a) or (b) ; [ Ans. : (b) ]
188. For presumption under section 107 of Evidence Act, the person is
to be shown to be
alive ........
(a) within 7 years (b) within 12 years
(c) within 3 years (d) within 30 years [ Ans. : (d) ]
189. Material Evidence obtained as a result of illegal; search/seizure
is ........
(a) Not at all admissible. (b) Reliable as any other evidence.
(c) Admissible but wholly unreliable.
(d) Admissible but its probative value depends on the facts and
circumstances.
[ Ans. : (d) ]
 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

190. What is direct evidence?

I. Evidence given where witness testifies directly of his own knowledge as to the
main fact or facts in dispute.
Il. 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, 1 (b) Ul, IV
(c) I, I, TV (d) all of these’ [ Ans. : (d) ]
191. 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 the above. [ Ans. : (d) ]

192, 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) ]

193. 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) and (c) are correct. [ Ans. : (b) ]
194, 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) ]
 THE INDIAN EVIDENCE ACT
: B-37

195, 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) and (b) (d) neither (a) nor (b). [ Ans. : (c) ]
196. Admissible evidence is thus that whic
h is ........
(a) relevant (b) not excluded by any rule of law or pract
ice
(c) either (a) or (b) (d) both (a) and (b)
[ Ans. : (d) ]
197, Under section 92 of Evidence Act oral evid
ence to explain the real nature of the
transaction is admissible ........
(a) where the document does not record
all the terms of the contract.
(b) where the document records all the
terms of the contract.
(c) where the documents is complete in itself
.
(d) all the above.
[ Ans. : (a) ]
198. According to section 61 of the Indian
Evidence Act, 1872 ........
(a) The contents of documents must be prov
ed by primary evidence.
(b) The contents of documents must be prov
ed by secondary evidence.
(c) The contents of documents must
be proved by both primary and secondar
y
evidence.
(d) The contents of documents must be
proved either by primary or secondary
evidence.
[ Ans, : (d) ]
199, A, an accused wants to submit true copy
of a document as secondary evidence. The
original is with the Opposite party and he has faile
d to. produce the same. Which of
the following statements will hold true in
the case?
(a) The evidence cannot be admitted beca
use it fails to satisfy the requirements
secti of
on 64 of the Indian Evidence Act, 1872.
(b) The evidence cannot be admitted beca
use it fails to satisfy the requirements
secti of
on 65 of the Indian Evidence Act, 1872.
(c) The evidence can be admitted as it satis
fies the requirements of both section 63
and secti
on 65 of the Indian Evidence Act, 1872,
(d) The evidence can be admitted under
section 60. [ Ans. : (c) ]
 B-38 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

200. 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 Administrative proceeding [ Ans. : (a) ]
201. Under The Indian Evidence Act, 1872, Section 17 to 31 applies to ........
(a) Admissions (b) Confessions
(c) Both Admissions and Confessions (d) Opinion of third person-
[ Ans. : (c) ]
202. How many numbers of witnesses is required in any case to prove the facts?
(a) Two (b) Five (c) Seven
(d) No particular number has been specified in the Act. [ Ans. : (d) ]
203. A statement, [oral or documentary or contained in electronic form], which suggests
any inference as to any fact in issue or relevant fact, and which is made by any of the
persons, and under the circumstances, hereinafter mentioned is ........
(a) Admission (b) Confession :
(c) Dying Declaration (d) None of these [ Ans. : (a) ]
204. The possession or ownership of property of the grand father of defendant on the
basis of documents 30 years old can ........
(a) be proved _(b) not to be proved
(c) be proved at the option of plaintiff
(d) be proved at the option of defendant [ Ans. : (a) ]
205. Where there are three different dying declarations, Higher Court is ........
(a) not to uphold the conviction awarded by lower court.
(b) to uphold the conviction awarded by lower court.
(c) to go through the circumstantial evidence to uphold the conviction awarded by
lower court.
(d) to rely upon the versions of witnesses to uphold the conviction awarded by
lower
court. [ Ans. : (a) ]
 THE INDIAN EVIDENCE ACT
B-39

206. A party/person who calls the witness can be permitted to cross-

examine the witness
so called by him, as provided ........
(a) under Section 152 of Evidence Act (b) under Section 153 of Evidence Act
(c) under Section 154 of Evidence Act (d) under Section 155 of Evidence Act
[ Ans. : (c) ]
207. After re-examination of a witness, the adverse party hasa...
.....
(a) right to further cross-examine the witness afresh in general
.
(b) has no right to further cross examine the witness.
(c) right to further cross-examine the witness only when a new
matter is introduced
in the re examination.
(d) either (a) or (b).
[ Ans. : (c) ]
208, The protection under section 126 of Evidence Act extends tO wee
(a) communication made in furtherance of any illegal design
.
(b) any fact observed showing the communication of any offenc
e or fraud committed
since commencement of employment.
(c) both (a) and (b). (d) neither (a) nor (b). [ Ans. : (d) ]
209, Protection under section 122 of Evidence Act is available
to ........
(a) a witness (b) husband and wife as a witness
(c) both (a) and (b) (d) either (a) or (b) [ Ans. : (b) ]
210. A dumb person is a competent witness as provided under
........
(a) Section 118 of Evidence Act (b) Section 119 of Evidence Act
(c) Section 120 of Evidence Act (d) Section 121 of Evidence Act
[ Ans. : (b) ]
211. Estoppel can be ........
(a) by silence (b) by negligence
(c) by election (d) all of these [ Ans. : (d) ]
212. Presumption under section 113A of Evidence Act can be raised
if the suicide by the
married woman is committed ........
(a) within 7 years of marriage (b) within 5 years of marriage
(c) within 3 years ofmarriage (d) within 1 year of marriage [ Ans. : (a) ]
B-40 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

213. Section 112 of Evidence Act provides for ........

(a) presumption of life (b) presumption of marriage
(c) presumption of death — (d) presumption of legitimacy [ Ans. : (d) ]
214. ‘Section 106 of Evidence Act is applicable ........
(a) to such matters of defence which are supposed to be especially within the
knowledge of the defendant.
(b) to such matters which are capable of being known to the persons other than the
defendant.
(c) both (a) and. (b) (d) neither (a) nor (b) [ Ans. : (a) ]
215. Burden of proof........
(a) partially determines the right to begin.
(b) substantially determines the right to begin.
(c) wholly determines the right to begin.
(d) only (c) and not (a) or (b). [ Ans. : (a) ]
216, Section 92 of Evidence Act applies to ........
(a) unilateral documents (b) bilateral documents
(c) both (a) and (b) (d) either (a) or (b) [ Ans. : (b) ]
217. In cases of Wills, the period of thirty years shall run ........
(a) from the date of the will.
(b) from the date of the death of the testator.
(c) from the date of registration of the Will, if registered.
(d) either (a) or (b). [ Ans. : (a) ]
218. 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) and (c) are correct. [ Ans. : (b) ]
 THE INDIAN EVIDENCE ACT 5-44

219. Necessity rule as to the admissibility of evidence is applicable, when the maker of a
statement ........
(a) is dead or has become incapable or giving evidence.
(b) is a person who can be found but his attendance can not be procured without
unreasonable delay or expenses.
(c) is a person who can not be found.
(d) all the above. [ Ans. : (c) ]
220. 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
seeeeees

(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) ]
221. Admissions ........
(a) must be in writing (b) must be oral
(c) either oral or in writing (d) only in writing and not oral [ Ans. : (c) ]
222. Section 13 of Evidence Act applies to ........
(a) corporal rights (b) incorporal rights
(c) both corporal and incorporal rights (d) neither (a) nor(b)) ~—-[ Ams. : (c) ]
223, Motives, of preparation and conduct are relevant ........
(a) under Section 6 of Evidence Act (b) under Section 7 of Evidence Act
(c) under Section 8 of Evidence Act (d) under Section 9 of Evidence Act
[ Ans. : (c) ]
224. Standard of proof in ........
(a) civil and criminal cases is the same.
(b) criminal cases is much more higher than in civil cases.
(c) criminal case is lower than in civil cases.
(d) either (a) or (c) are correct. [ Ans. : (b) ]
B-42 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

225: Under the law of evidence, as a general rule ....,...

(a) opinion on a matter of fact is relevant but not on a matter of law.
(b) opinion on a matter of law is relevant but not on a matter of fact.
(c) opinion on a matter of fact and law both are relevant.
(d) opinion whether on a matter of fact or law, is irrelevant. [ Ans. : (b) ]
226. Indian Evidence Act applies to ........
(a) proceedings before tribunals (b) proceedings before the arbitrator
(c) judicial proceedings in courts (d) all of these [ Ans. : (c) ]
227. Presumptions under the law of evidence are ........
(a) presumption of facts (b) presumptions of law
(c) both (a) and (b) (d) only (b) and not (a) [ Ans. : (c) ]
228. Under section 8 of Evidence Act ........
(a) motive is relevant (b) preparation is relevant
(c) conduct is relevant (d) all of these [ Ans. : (d) ]
229. Section 13 of Evidence Act ........
(a) is confined to public rights and does not cover private rights.
(b) is not confined to public rights and covers private rights also.
(c) is confined to private rights and does not cover public rights.
(d) either (a) or (c) is correct. [ Ans. : (b) ]
230. Admission to be relevant ........
(a) must be made to the party concerned and not to a stranger.
(b) must be made to a stranger.
(c) itis immaterial as to whom admission is made and an admission made to a stranger
is relevant.
(d) it is immaterial to whom the admission is made but must be made to someone
intimately connected and not a stranger. [ Ans. : (c) ]
231, Communication made ‘without prejudice’ are protected ........
(a) under Section 22 of Evidence Act —_(b) under Section 23 of Evidence Act
(c) under Section 24 of Evidence Act —(d) under Section 21 of Evidence Act
[ Ans. : (b) ]
 THE INDIAN EVIDENCE ACT B-43

232. 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) ]
233. 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) and (c) are correct. [ Ans. : (a) J
234. 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) and (b) (d) only (a) and not (b) [ Ans. : (b) ]
235, List of facts of which the judicial notice has to be taken under section 57 of Evidence

(a) is exhaustive (b) is illustrative only

(c) is both (a) and (b) (d) is neither (a) nor (b) [ Ans. : (b) ]
236. In criminal proceedings, the burden of proof is ........
(a) on the prosecution to prove the guilt of the accused.
(b) on the accused to prove his innocence.
(c) on both the parties. (d) either (a) or (b). [ Ans. : (a) ]
237. Section 79 of Evidence Act contains seeesees
(a) an irrefutable presumption of law.
(b) a rebuttable presumption of law.
(c) a presumption of fact.
(d) no presumption either of fact or law. [ Ans. : (b) ]
,
B-44 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

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

(a) Section 81 A of Evidence Act (b) Section 88A of Evidence Act

(c) Section 90A of Evidence Act ~ _(d) Section 73A of Evidence Act
[ Ans. : (a) ]

239. Resumption of Dowry death is included in the Evidence Act under ........
(a) Section 54 (b) Section 113B
(c) Section 67 (d) Section 86 [ Ans. :-(b) ]
240. Any person in section 106 of Evidence Act refers to ........
(a) a party to the suit (b) a stranger to the state
(c) a person who is not a party to the suit but interested in the outcome of the suit
(d) a witness [ Ans. : (a) ]
241. Section 112 of Evidence Act contains ........
(a) a presumption of fact. |
(b) a rebuttable presumption of law.
(c) an irrebuttable presumption of law.
(d) a mixed presumption of fact and law. [ Ans. : (c) ]
242. Presumption as to dowry death is contained in ........
(a) Section 111A of Evidence Act __(b) Section 113A of Evidence Act
(c) Section 113B of Evidence Act —_(d) Section 113 of Evidence Act
[ Ans. : (c) ]
243. Estoppel deals with ........
_ (a) question of facts (b) question of right
(c) both (a) and (b) (d) neither (a) nor (b) [ Ans. : (a) ]
244, Husband and wife both are competent witness for and against each other ........
(a) in civil proceedings. (b) in criminal proceedings.
(c) in both civil and criminal proceedings.
(d) neither in civil nor in criminal proceedings. [ Ans. : (c) ]
 THE INDIAN EVIDENCE ACT
B-45

245, Protection under Section 122 of Evidence Act is ........

(a) confined to confidential communication and not applicable to general
communication between the husband and wife.
(b) not confined to confidential communications only but extends to communication
of whatever nature.
(c) confined to confidential communication and may be extended to communications
of general nature.
(d) only (c) and not (a) or (b). . [ Ans. : (b) ]
246. An accomplice is a competent witness ........
(a) under Section 118 of Evidence Act (b) under Section 119 of Evidence Act
(c) under Section 133 of Evidence Act (d) under Section 132 of Evidence Act
[ Ans. ; (c)]
247, During re-examination of a witness ........ .
(a) a new matter can be introduced as a matter of right generally.
(b) a new matter can be introduced only with the permission of the court.
(c) no new matter can be introduced at all.
(d) either (a) or (c). [ Ans. : (b) |
248. An accused can be convicted on the basis of his extra judicial confession only if it is
made before ........
(a) a credible person (b) a police officer
(c) a Magistrate (d) none of these [ Ans. : (a) ]
249, When one person has, by his declaration, act or omission, intentionally caused or
permitted another person to believe a thing to be true and to act upon such belief,
neither he nor his representative shall be allowed, in any suit or proceeding between
himself and such person or his representative, to deny the truth of that thing is .......
(a) Proof (b) Primary proof
(c) Etoppel (d) Oral evidence [ Ans. : (c) ]
250. The examination of a witness by the party who calls him shall be called as ........
(a) Advocate (b) Examination-In-Chief
(c) Re-Examination (d) Cross-Examination [ Ans. : (b) ]
 B-46 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

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

(a) it is made upon an express condition that evidence of it is not to be given.
(b) it is not clear in terms and intention
(c) Court is not satisfied (d) All of the above [ Ans. : (a) ]
252. Burden of proving that case of accused comes within exception lies on ........
(a) Prosecution (b) Accused
(c) Magistrate (d) Any one [ Ans. : (b) ]
253. A person summoned to produce a document in the Court ........
(a) does not become a witness in the case unless he is called as a witness.
(b) automatically becomes a witness in the case.
(c) automatically becomes a hostile witness in the case.
(d) can be cross examined without being called as a witness. [ Ans. : (a) ]
254, 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) ]
255. Which of the following statements hold true for examination in chief of a witness?
(a) The leading questions can be used.
(b) It must only relate to relevant facts.
(c) It must only relate to the fact in question.
(d) All of the above. [ Ans. : (b) ]
256. Documents in respect of which privilege has been provided under section 123 of
Evidence Act........
(a) is. a published official record. (b) is an unpublished official record.
(c) both (a) and(b) (d) either (a) or (b) [ Ans. : (b) ]
257. 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.
 THE INDIAN EVIDENCE ACT B-47

(c) such person shall have been detrimental to the interest of the person to whom the
representation has been made.
(d) all of the above. [ Ans. : (d) ]
258. Oral account of the contents of a document is admissible ........
(a) when given by a person who has seen and 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) ]
259. 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) ]
260. Which of the following are true for Section 27, Indian Evidence Act?
I. There must be information
I. It does not matter whether the information amounts to confession or not.
Ill. 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, I. and V (b) I, WI and V
(c) Il, IV and V (d) All of the above [ Ans. : (d) ]
261. An item of evidence which is not a substantive is ........
(a) Dying declaration (b) First information Statement
(c) Admission of the party (d) Admission of authorized agent of the party
[ Ans. : (b) ]
262. Opinion of expert under section 45 of Indian Evidence Acct ........
(a) is a conclusive proof (b) is not conclusive proof
(c) is not relevant (d) is not admissible [ Ans. : (b) ]
 B-48 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTI
ONS WITH ANSWERS

263. 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 concer
n. _[ Ans. : (c) ]
264. 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)]
265, Question as to admissibility of evidence ........
(a) should be decided as they arise,
(b) should be reserved until judgment.
(c) may be decided as they arise or may be reserved until
judgment.
(d) either (b) or (c).
[ Ans. : (a) ]
266. A document required by law to be attested can be proved
under section 68 of Evidence
Act only ........
(a) by calling both the attesting witnesses,
(b) by calling at least one of the attesting witnesses.
(c) by calling none of the attesting witnesses but by
calling some other person who
has the knowledge of the contents.
(d) all of the above are correct.
[ Ans. : (b) ]
267, Facts which need not be proved by the parties includ
e ........
(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) and (b) (d) neither (a) nor (b) [ Ans. : (c) ]
268. What do you understand by admission of execution?
(a) it means only admission of signature.
 THE INDIAN EVIDENCE ACT
B-49

(b) it means only valid attestation of the signature by two witnesses as required by
law.
(c) both (a) and (b) (d) none of the above [ Ans. : (d) ]
269. Section 65, Indian Evidence Act with which of the following situation under which
secondary evidence can be given?
(a) When the original is shown or appears to be in possession and power of the
person against whom the document is sought to be proved.
(b) When it is in possession or power of any person who is out of reach, or not
subject to the process of the Court.
(c) When it is in the possession of any person legally bound to produce it, but he
fails to produce it after the notice mentioned in Section 66, Indian Evidence Act
is given to him.
(d) All of the above. [ Ans. : (d) ]
270. Court can permit leading questions during examination in chief or re-examination ...
(a) if they refer to the matters which are introductory.
(b) if they refer to the matters which are undisputed.
(c) if they refer to the matter which are sufficiently proved.
(d) if they refer to either (a) or (b) or (c). [ Ans. : (b) ]
271. Opinion of an expert expressed in a book commonly offered for sale can be proved
by the production of such book if the author ........
(a) is dead. .
(b) lives outside the jurisdiction of the trial court.
(c) is capable of giving evidence but fails to appear before the court.
(d) is not willing to give evidence. [ Ans, : (a) ]
272. What is conclusive proof of legitimacy under the law of Evidence?
(a) Birth during marriage —_ (b) DNA Test
(c) Father’s acceptance (d) Child statement [ Ans. : (a) ]
273. ‘Fact judicially noticeable need not be proved’ is given under which section?
(a) Section 56 (b) Section 57
(c) Section 58 (d) Section59 | [ Ans. : (a) ]
 '

B-50 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

274. The examination of a witness by the adverse party shall be called as .........
(a) Cross-Examination (b) Re-Examination
(c) Examination In-Chief — (d) Leading questions [ Ans. : (a) ]
275. The conditions for dying declaration are :
(a) It must be a written or verbal statement.
(b) The statement must be related to the cause of death.
(c) The cause of death person must be in question.
(d) All of the above. [ Ans. : (d) ]
276. Falsus in unfalsus in omni bus is ........
(a) a rule of evidence. (b) a rule of criminal law.
(c) a rule of evidence in criminal trial.
(d) not a rule of evidence in criminal trial. [ Ans. : (d) ]
277. Court questions can be put by virtue of ........
(a) Section 164 of Evidence Act (b) Section 165 of Evidence Act
(c) Section 166 of Evidence Act (d) Section 167 of Evidence Act
[ Ans. : (b) ]
278. A co-defendant in a case ........
(a) cannot be cross-examined by another co- defendant under any circumstance.
(b) can be cross-examined by another co-defendant if their interests are identical.
(c) can be cross-examined by another co-defendant when their interests adverse to
each other.
(d) can be cross-examined by another co-defendant as a matter of right.
[ Ans. : (c) ]
279. An accomplice is a person ........
(a) who participates in the commission of the crime for which the accused has been
charged.
(b) who is a prefended confederate.
(c) who is an informer.
(d) all the above both (a) and (b). [ Ans. : (a) ]
 THE INDIAN EVIDENCE ACT B54

280. Protection under section 122 of Evidence Act ........

(a) can be waived by the witness without the consent of the husband or wife.
(b) can be waived by the witness with the consent of husband or wife, only.
(c) cannot be waived by the witness under any circumstances.
(d) either (a) or (c). [ Ans. : (a) ]
281. Section 121 of Evidence Act provides for privilege in respect of ........
(a) husband and wife (b) judges and magistrates
(c) affairs of the state (d) official communication [ Ans. : (b) ]
282. Estoppel ........
(a) is a cause of action in itself. (b) creates a cause of action.
(c) both (a) and (b) are correct. (d) neither (a) nor (b) is correct.
[ Ans. : (d) ]
283. Presumption under section 114 of Evidence Act can be raised having regard to the
common course of ........
(a) natural events (b) human conduct
(c) public and private business (d) all of these [ Ans. : (d) ]
284. Presumption under section 112 of Evidence Acct is raised ........
(a) when a child is born during the continuance of valid marriage.
(b) when a child is born within 280 clays of dissolution of marriage, the mother
remaining unmarried.
(c) in both (a) and (b) (d) in only (a) and not (b) [ Ans. : (c) ]
285. The presumption of continuance of life is contained in........
(a) Section 106 of Evidence Act (b) Section 107 of Evidence Act
(c) Section 108 of Evidence Act (d) Section 109 of Evidence Act
[ Ans. : (b) ]
286. Burden of proof is lightened by ........
(a) presumptions (b) admissions
(c) estoppels (d) all the above [ Ans. : (d) ]
 B-52 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH
ANSWERS

287, The want or failure of consideration as contemplated under proviso 1 to Section

92
of Evidence Act invalidating a document........
(a) is a complete want or failure.
(b) is a partial want or failure.
(c) is a substantial want or failure.
(d) may be complete or may be partial want or failure. [ Ans. : (a) ]
288. Section 88A of Evidence Act provides for ........
(a) presumption as to the electronic message forwarded corresponds with the
message
as fed in the computer.
(b) presumption as to the person by whom the message is sent.
(c) both (a) and (b) (d) only (b) but not (a) [ Ans. : (a) ]
289. 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)]
290. A document required by law to be attested can be proved under section 68 of
Evidence
Act only ou...
(a) by calling both the attesting witnesses.
(b) by calling at least one of the attesting witnesses,
(c) by calling none of the attesting witnesses but by calling some other person
who
has the knowledge of the contents.
(d) all of the above are correct. [ Ans. : (b) ]
291. 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) and (b) (d) neither (a) nor (b) [ Ans. ; (c) J
292. Opinion of an expert under section 45 of Evidence Act .......
(a) is a conclusive proof (b) is not a conclusive proof
(c) is supportive and corroborative in nature (d) either (a)or(c) [ Ams.: (c) ]
 THE INDIAN EVIDENCE ACT
B-53

293. 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) and (c) are incorrect.
[ Ans. : (c) ]
294, Under Section 27 of Evidence Act, ‘discovery of fact’ include
s.........
(a) the object found (b) the place from where it is produced
(c) both (a) and (b) (d) neither (a) nor (b) [ Ans. : (c) ]
295. 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) ]
296. Propositions under Evidence Act are Statement is a genus,
admission is a species
and confession is a sub species.
I. Statement and admission are species and confession is a sub
species.
II. Statement and admission are genus and confession is a species
,
Ill. In this context which of the following is correct.
(a) I is correct, II and III are incorrect.
(b) Land Il are correct and III is incorrect,
(c) II and III are correct and I is incorrect.
(d) III is correct and I and II are incorrect.
[ Ans. : (a) ]
297, 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 of these [ Ans. : (d) ]
298. 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 and not previous.
[ Ans. : (c) ]
 B-54 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

299. Propositions under Evidence Act are ........

I. Presumptions of facts are always rebuttable.
II. Presumption of facts can be either rebuttable or irrebuttable.
Il. Presumption of law are always irrebuttable.
IV. Presumption of law can be either rebuttable or irrebuttable. Which is true of the
aforesaid propositions.
(a) I and III are correct but I and IV are incorrect.
(b) Land IV are correct but II and III are incorrect.
(c) Il and III are correct but I 8: IV are incorrect.
(d) II and IV are correct but I and III are incorrect. [ Ans. : (b) ]
300. Law of evidence is ........
(a) lex tallienis (b) lexfori
(c) lex loci solutionis (d) lex situs [ Ans. : (b) ]
301. Law of evidence is ........
(a)a substantive law (b) an adjective law
(c) both (a) and (b) (d) neither (a) nor (b) [ Ans. : (b) ]
302. Under the law of evidence, the relevant fact ........
(a) must be legally relevant.
(b) must be logically relevant.
(c) must be legally and logically relevant.
(d) must be legally and logically relevant and admissible. [ Ans. : (a) ]
303. Facts which are necessary to explain or introduce relevant facts of place, name, date,
relationship and 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) J
304. 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.
THE INDIAN EVIDENCE ACT
B-55

(c) either state of mind or of body or bodily feeling.

(d) a particular state of mind and a state of body. [ Ans. : (c) ]
305. Admission can be ........
(a) formal only (b) informal only
(c) either formal or informal (d) only formal and not informal
[ Ans. : (c) ]
306. 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) and (b) are correct. [ Ans, : (d) ]
307. 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) ]
308. To an answer to a court question, the adverse party ........
(a) has a right to cross-examination as a matter of right.
(b) has a right to cross-examine only with the permission of the court.
(c) has no right to cross-examine the witness.
(d) either (a) or (c). [ Ans. : (b) ]
309. 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 and disputed handwritings.
(d) all the above. [ Ans. : (d) ]
 B-56 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

310. 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) and (b) (d) neither (a) nor (b) [ Ans. : (b) ]
311. The calling of at least one attesting witness to prove a document under section 68 is
not necessary ........
(a) when the document other than a will is registered under the Indian Registration.
(b) when the document including Will is registered under the Indian Registration
Act, 1908,
(c) when the document irrespective of whether it is a Will, is registered under the
Indian Registration Act, 1908.
(d) both (b) and (c) are correct. [ Ans. : (a) ]_
312. Presumption as to the accuracy of maps 8: plans made by the authority of Government
is contained in ........
(a) Section 81 of Evidence Act (b) Section 82 of Evidence Act
(c) Section 83 of Evidence Act (d) Section 84 of Evidence Act
[ Ans. : (c) ]
313. Electronic record in proper custody gives rise to a presumption as to the digital
signature, to be affixed by that particular person under section 90A of Evidence Act
if the electronic record produced is ......:..
(a) 20 years old (b) 15 years old
(c) 10 years old (d) 5 years old [ Ans. : (d) ]
314, Mistake referred to in proviso 1 to section 92 of Evidence Act refers to ........
(a) unilateral Mistake (b) mutual mistake
(c) both (a) and(b) (d) only (b) not (a) [ Ans. : (c) ]
315. Burden of introducing evidence under section 102 of Evidence Act ........
(a) never shifts (b) occasionally shifts
(c) constantly shifts (d) only (a) and not (b) or (c) [ Ans. : (c) ]
THE INDIAN EVIDENCE ACT B-57

316. Section 108 of Evidence Act relates to ........

(a) presumption of death (b) presumption of life
(c) presumption of legitimacy (d) presumption of relationship [ Ams. : (a) ]
317. In cases a child is born within 280 days of dissolution of marriage, the mother
remaining unmarried the presumption of legitimacy of child under section 112 of
Evidence Act arises ........
(a) if the father is alive on the day the child is born.
(b) if the father is not alive on the day the child is born.
(c) irrespective of whether the father is alive or dead on the day the child is born.
(d) either in (a) or (b). [ Ams. : (c) ]
318. The doctrine of estoppel is contained in ........
(a) Section 115 of Evidence Act (b) Section 114 of Evidence Act
(c) Section 113 of Evidence Act (d) Section 112 of Evidence Act
[ Ams. : (a) ]
319. Estoppel ........
(a) should be specifically pleaded.
(b) need not be specifically pleaded.
(c) may be specifically pleaded or may not be specifically pleaded.
(d) both (b) and (c) are correct. . [ Ans. : (a) ]
320. Privilege in respect of judges and magistrates under section 121 of Evidence Act
relates to .........
(a) questions which a witness cannot be compelled to answer.
(b) question which a witness cannot be permitted to answer.
(c) both (a) and (b) (d) neither (a) nor (b) [ Ans. : (d) ]
321. Communication in respect of the affairs of the state are privileged communication
on the grounds of public policy ........
(a) under Section 123 of Evidence Act.
(b) under Section 124 of Evidence Act.
(c) under Section 125 of Evidence Act.
(d) under Section 126 of Evidence Act. [ Ans. : (a) ]
 5
B-58 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

ee
322. Testimony of an accomplice before it is accepted and acted upon.........
(a) must be corroborated from the testimony of another accomplice.
(b) must be corroborated from an independent source.
(c) need not be corroborated at all.
(d) either (a) or (c). [ Ans. : (b) ]
323. Leading questions can be asked during ........
(a) examination in chief (b) cross-examination
(c) re-examination (d) all of these [ Ans. : (b)]
324. Court question under section 165 of Evidence Act can be put to ........
(a) any witness | (b) any party
(c) both (a) and (b) (d) neither (a) nor (b) [ Ans. : (c) ]
325. Photostat copy of family settlement is allowed to be produced before court as ........
(a) primary evidence (b) secondary evidence
(c) electronic evidence (d) original evidence [ Ans. : (b) ]
326. Section 65A deals with ........
(a) Primary evidence (b) Secondary evidence
(c) Electronic record (d) Oral evidence [ Ans. S{c)i]
327. Any question suggesting the answer which the person putting it wishes or expects to
receive as ........
(a) Ordinary question = —(b) Relevant question
(c) Leading question (d) Interrogative question [ Ans. : (c) ]
328. Section 63 - Secondary evidence means and includes .........
(a) Certified copies given under the provisions of the Act.
(b) Copies made from the original by mechanical processes which in themselves
insure the accuracy of the copy, and copies compared with such copies.
(c) Copies made from or compared with the original and Counterparts of documents
as against the parties who did not execute them.
(d) All of the above. ~ [ Ans. : (d) ]
 THE INDIAN EVIDENCE ACT : ; B-59

329, The following need not be proved ........

(a) Admitted facts and Judicially noticeable facts
(b) Confession to police (c) Legitimacy of child
(d) Relevant fact [ Ans. : (a) ]
330. 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)]
331. 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) ]
332. Dying declaration can be sole basis of conviction if it inspires full confidence of
the
court. The court should be satisfied ........
(a) that deceased was in a fit state of mind at the time of making the statement.
(b) that it was not the result of tutoring, prompting or product of imagination.
(c) that deceased was not in a fit state of mind at the time of making the statemen
t.
(d) both (a) and (b). [ Ans. : (d) ]
333. 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) ]
334, 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) and (b) (d) neither (a) nor (b) [ Ans. : (b) ]
 B-60 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

335. 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) and (c) are correct. [ Ans. : (a) ]
336. Presumption as to the accuracy of maps and 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)]
337. 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) ]
338. Which class of persons does Section 18, Indian Evidence Act lies down who can
make admissions?
I. Party to the proceeding.
I. 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 these [ Ans. : (d) ]
‘THE INDIAN EVIDENCE ACT B-61

339. A witness unable to speak, if gives his statement in writing before the court, then
such evidence may be deemed to be ........
(a) Oral Evidence (b) Documentary Evidence
(c) Hearsay Evidence (d) Evidence [ Ans. : (a) ]

340. 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) ]

341. 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 the above. [ Ans. : (a) ]

342. Under section 83 of Evidence Act, presumption as to accuracy of maps and plans
can be raised in respect of ........
(a) maps and plans made by private persons.
(b) maps and plans made by the authority of Government.
(c) both (a) and (b) above —_ (d) only (a) and not (b) [ Ans. : (b) ]

343. 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) ]

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

(a) direct only (b) hearsay
(c) both (a) and (b) (d) either (a) or (b) [ Ans. : (a) ]
345. 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) ]
B-62 MULTIPLE CHOICE QUESTIONS & DESCRIPTIVE QUESTIONS WITH ANSWERS

346. 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 the above [ Ans. : (a) ]
347, A judgment in an election petition is not one of the judgments specifically recognised

(a) Section 41 of the Evidence Act —_(b) Section 42 of the Evidence Act
(c) Section 56 of the Evidence Act (d) Section 57 of the Evidence Act
[ Ans. : (a)]
348. 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) ]

349. 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)]
350. Confession made by an accused to a police officer is admissible under Indian Evidence
Actunder ........
(a) 8.25 (b) 8.26 (c) 8.27 (d) 8.28 [ Ans. : (c)]
351. The following can be proved by oral evidence :
(a) Contents ofa document (b) Electronic statement
(c) All facts except (a) (d) Anything and everything [ Ans. : (c) ]
352. Production of documents is included under ........
(a) Section 145 (b) Section 163
(c) Section 164 (d) Section 162 [ Ans. : (d)]
THE INDIAN EVIDENCE ACT B-63

353. Dying declaration can be sole basis of conviction if it inspires full confidence of the
court. The court should be satisfied ........
(a) that deceased was ina fit state of mind at the time of making the statement.
(b) that it was not the result of tutoring, prompting or product of imagination.
(c) that deceased was not in a fit state of mind at the time of making the statement.
(d) both (a) and (b). [ Ans. : (d) ]
354. Under section 83 of Evidence Act, presumption as to accuracy of maps 8: plans can
be raised in respect of ........
(a) maps and plans made by private persons.
(b) maps and plans made by the authority of Government.
(c) both (a) and (b) above. (d) only (a) and not (b). [ Ans. : (b) ]

& & 38