MCQs On Indian Evidence Act, 1872

1. Generally dying declarations are admissible as evidence under-

A. Section 20 of the Indian Evidence Act, 1872

B. Section 25 of the Indian Evidence Act, 1872

C. Section 32 of the Indian Evidence Act, 1872

D. Section 35 of the Indian Evidence Act, 1872

Ans. C

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

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

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

C. Lengthy Dying declaration must be discarded

D. When eyewitness affirms that the deceased was not in a fit state to make the declaration, medical opinion cannot prevail

Ans. D

3. In which of the following cases the evidence given by the witness will NOT be relevant under section 33 of the Indian Evidence Act, 1872?

A. When the witness is staying abroad

B. When the witness is dead

C. When witness cannot be found

D. When the witness is in coma

Ans. A

4. Accused wants to submit a document for consideration under section 35 of the Indian Evidence Act, 1872. In which of the following cases will the document become irrelevant?

A. It does not deal with a fact in issue

B. It does not deal with a relevant fact

C. It is not an entry made in public or other official book, register or record

D. It is not an entry made by public servant

Ans. C

5. In which of the following circumstances section 71 of the Indian Evidence Act, 1872 will NOT apply?

A. In case the attesting witness turns hostile

B. In case out of two attesting witnesses one fails to prove the execution of the will

C. In case the attesting witness does not recollect the execution of the document

D. In case the document is a will or testamentary document

Ans. B

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

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

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

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

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

Ans. D

7. Definition of secondary evidence has been given under following section of the Indian Evidence Act, 1872?

A. Section 61

B. Section 62

C. Section 63

D. Section 64

Ans. C

8. B, an accused wants to submit carbon copy of the suicide note as secondary evidence. The original is with the opposite party and he has failed to produce the same. The suicide was not within the knowledge of the accused prior to the receipt of carbon copy. Which of the following statements will hold true for the case?

A. The evidence cannot be admitted due to applicability of section 30 of the Indian Evidence Act

B. The evidence cannot be admitted because it fails to satisfy the requirements of section 64 of the Indian Evidence Act, 1872

C. The evidence cannot be admitted because it fails to satisfy the requirements of section 65 of the Indian Evidence Act, 1872

D. The evidence can be admitted as it satisfies the requirements of both section 64 and section 65 of the Indian Evidence Act, 1872

Ans. D

9. According to section 65 of the Indian Evidence Act, 1872 the secondary evidence can be admitted in __ exceptional cases.

A. Three

B. Five

C. Seven

D. Nine

Ans. C

10. Which of the following sections of the Indian Evidence Act, 1872 gives provisions regarding proof as to electronic signatures?

A. Section 67

B. Section 67A

C. Section 67B

D. Section 67C

Ans. B

11. Which of the following section of the Indian Evidence Act deals with proof of other official documents?

A. Section 78

B. Section 82

C. Section 71

D. Section 74

Ans. A

12. Which of the following documents is NOT a public doc­ument?

A. Registered power of attorney

B. Records of Nationalized banks

C. A death certificate

D. Certified copy of annual return of the Company is a public document

Ans. A

13. A marriage certificate ‚Äď

A. Is proof of a valid marriage per se

B. Is a determining factor regarding the validity of the marriage

C. Is of great evidentiary value in family matters

D. All of the above

Ans. C

14. Which of the following questions is proper under section 148 of the Indian Evidence Act, 1872?

A. If the imputation refers to matters remote in time

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

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

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

Ans. C

15. During the cross examination of the witness as to previous statements made before the police almost all contradictions or omissions were brought on record, which were portions from the statements made before the police that were not deposed before the court. Which of the following statements will apply to the case?

A. The credibility of the witness has been impeached under section 148 of the Indian Evidence Act, 1872

B. The credibility of the witness has been impeached under section 145 of the Indian Evidence Act, 1872

C. The credibility of the witness has not been impeached because the contradictions were not as contemplated under section 145 of the Indian Evidence Act, 1872

D. The credibility of the witness has not been impeached because the protection under section 154 of the Indian Evidence Act, 1872 will apply

Ans. C

16. A person summoned to produce a document-

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

B. Automatically becomes a witness in the case

C. Automatically becomes an hostile witness in the case

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

Ans. A

17. Which of the following statements hold true for examination in chief of a witness?

A. The leading questions can be used

B. It must only relate to relevant facts

C. It must only relate to the fact in question

D. All of these

Ans. B

18. Under the provisions of the Indian Evidence Act, 1872 which of the following presumptions can be made with regards to telegraphic messages?

I. That the message was received as it was sent

II. That the message was sent by the person purporting to send the message

III. That the message was delivered to the addressee on the date indicated thereon

IV. The contents of the message are authenticated and true

A. I and II

B. I and III

C. II and IV

D. IV and III

Ans. B

19. Which of the following statements concerning the burden of proof are false?

A. Deposit of money in wife’s name does not amount to a gift. If anybody says it was a gift he must prove it

B. Tenant taking a plea that the suit premises wad not vacated by him, will need to prove it

C. In determining whether a trust is public or private, the burden of proof lies with a person asserting that it is a public one

D. In the plea challenging the constitutionality of the stature, the burden of proof is on the person challenging the constitutionality

Ans. C

20. Opinions of an expert expressed in a book commonly offered for sale CANNOT be proved by the production of such book-

A. If the author is dead

B. It the author cannot be found

C. If the author has become incapable of giving evidence

D. If the author has gone abroad on vacation

Ans. D

21. A Child witness below the age of____________ cannot give evidence in the Indian Courts.

A. 15 years

B. 12 years

C. 10 years

D. There is no such limit

Ans. D

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

A. Section 45, Indian Evidence Act

B. Section 46, Indian Evidence Act

C. Section 47, Indian Evidence Act

D. both (A) and (B)

Ans. D

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

A. an admission constitutes a substantive piece of evidence in the case and, for that reason, can be relied upon for proving the truth of the facts incorporated therein

B. an admission has the effect of shifting the onus of proving to the contrary on the party against whom it is produced, with the result that it casts an imperative duty on such party to explain it. In the absence of a satisfactory explanation, it is presumed to true

C. an admission, in order to be competent and to have the value and effect referred to above should be clear, certain and definite, and not ambiguous, vague to be true

D. all of them

Ans. D

24. An attesting witness is:

A. one who signs his name to an instrument, at the request of the party or parties, for the purposes of proving or identifying it

B. a witness who has attested the document

C. both (A) and (B)

D. none of them

Ans. C

25. Which of the following statements are true for the pleas of alibi?

A. The fact that the accused resorted to false plea of alibi is positive evidence that the accused is responsible for the offence

B. The plea of alibi need not be proved with absolute certainty, benefit of the doubt is given to the accused

C. A false plea of alibi can be regarded as link in the chain of circumstances leading to conviction

D. The plea of alibi is not admissible under section 11 of the Indian Evidence Act, 1872

Ans. C

26. Admissible evidence is thus that which is:

A. relevant

B. not excluded by any rule of law or practice

C. either (A) or (B)

D. both (A) and (B)

Ans. D

27. A is accused of a crime committed by him at Calcutta. He produces a letter written by himself and dated at Varanasi on that day, and bearing the Varanasi post-mark of that day. Applying Section 21, Indian Evidence Act, which of the following is possible?

A. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 27, clauses (2)

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

C. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 32, clauses (2)

D. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under Section 34, clauses (2)

Ans. C

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

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

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

C. either (A) or (B)

D. none of them

Ans. B

29. In a murder case before identification of the culprit, B wrote a letter of confession to the police officer. At the time of writing the letter there was no suspicion cast on B. Choose the most relevant answer from the following choices.

A. Is inadmissible as it was made to a police officer

B. Admissible as it was made voluntarily, the fact it was made before the police officer is irrelevant

C. Admissible as it was neither made in police custody nor in the presence of the police officer

D. Inadmissible as it was not made before the magistrate

Ans. C

30. The evidence accepted by the Court under section 30 of the Indian Evidence Act, 1872-

A. Amounts to proof

B. May be used as the basis of conviction

C. Cannot be used as the basis of conviction

D. Cannot be used for corroboration

Ans. C

error: Content is protected !!