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MCQs on Indian Evidence Act

(With Answers)
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Multiple Choice Questions (MCQs) and answers on Indian
Evidence Act especially compiled for students!
1. A prosecution witness, by viewing a NDTV’s news
film, identified the accused as a member of a group of
persons who had caused serious public disturbance.
The original film was retained by NDTV and at trial
the prosecution relied on the video cassette, which
the Court was satisfied was an authentic copy of the
original film. The evidence-
A. Is admissible, as the rules for submitting primary
documents cannot be extended to films
B. Is not admissible as the original is in existence, the
secondary document cannot be used
C. Is not admissible as the Court is competent to order NDTV
to submit the original film
D. Is admissible as the Original document is a public
document
Ans. A
2. In which of the following circumstances will
section 71 of the Indian Evidence Act, 1872 NOT
apply?
A. In case the attesting witness turns hostile
B. In case out of two attesting witnesses one fails to prove the
execution of the will
C. In case the attesting witness does not recollect the
execution of the document
D. In case the document is a will or testamentary document
Ans. B
3. Which of the following statements hold true under
the provisions of section 73 of the Indian Evidence
Act, 1872?
A. The writings obtained under this section will fall within the
expression ‘evidence’
B. The Court can send the documents to an expert who is a
prosecution witness
C. The Court can call upon the accused to give his writing in
Court
D. The person required by the Court to give a specimen cannot
refuse to do so
Ans. C
4. Which of the following documents is NOT a public
document?
A. Registered power of attorney
B. Records of Nationalised banks
C. A death certificate
D. Certified copy of annual return of the Company is a public
document
Ans. A
5. A marriage certificate –
A. Is proof of a valid marriage per se
B. Is a determining factor regarding the validity of the
marriage
C. Is of great evidentiary value in family matters
D. All of the above
Ans. C
6. A letter purporting to be issued from the Chief
Secretary to the Government of Bengal was signed by
a deputy secretary not in his official capacity, but for
the Chief Secretary. The Court –
A. Can draw a presumption under section 79 of the Indian
Evidence Act, 1872 that the document is an authorised
document
B. Can draw a presumption under section 81 of the Indian
Evidence Act, 1872 that the document is an authorised
document
C. Can draw a presumption under section 83 of the Indian
Evidence Act, 1872 that the document is an authorised
document
D. Cannot draw a presumption under the provisions of the
Indian Evidence Act, 1872 that the document is an authorised
document
Ans. D
7. B executed a power of attorney in USA, and
submitted it as evidence in Punjab and Haryana High
Court. The power of attorney was not authenticated
by the Indian Consul or any other relevant Indian
Authority in US. The relevant laws in the United
States about the power of the Notary Public were also
not cited. The authenticity of the power of attorney –
A. Must be presumed under section 85 of the Indian Evidence
Act, 1872
B. May be presumed under section 85 of the Indian Evidence
Act, 1872
C. Cannot be presumed under section 85 of the Indian
Evidence Act, 1872
D. May be presumed under section 84 of the Indian Evidence
Act, 1872
Ans. C
8. Under the provisions of the Indian Evidence Act,
1872 which of the following presumptions can be
made with regards to telegraphic messages?
I. That the message was received as it was sent
II. That the message was sent by the person purporting to
send the message
III. That the message was delivered to the addressee on the
date indicated thereon
IV. The contents of the message are authenticated and true
A. I and II
B. I and III
C. II and IV
D. IV and III
Ans. B
9. B sues to recover one-fourth of the price of the
house alleged to have been sold by the A to C. The
proper registered sale deed is available. The claim is
based on local custom. The transaction between A
and C was ostensibly not a sale but a usufructuary
mortgage. B wants to give oral evidence in support of
this. Which of the following statements will be true
for the case?
A. B is not a party to the transaction between A and C as such
he is entitled to give evidence
B. The evidence by B will be hit by section 92 of the Indian
Evidence Act, 1872 and as such will not be admissible
C. The B is not a party to the transaction between A and C, as
such he cannot give oral evidence
D. A and C have committed a fraud, as such the evidence of B
is admissible as long as it is supported by written proof
Ans. A
10. Which of the following statements concerning the
burden of proof are false?
A. Deposit of money in wife’s name does not amount to a gift.
If anybody says it was a gift he must prove it
B. Tenant taking a plea that the suit premises wad not vacated
by him, will need to prove it
C. In determining whether a trust is public or private, the
burden of proof lies with a person asserting that it is a public
one
D. In the plea challenging the constitutionality of the stature,
the burden of proof is on the person challenging the
constitutionality
Ans. C
11. Which of the following section of the Indian
Evidence Act deals with questions lawful in cross-
examination?
A. Section 139
B. Section 166
C. Section 140
D. Section 146
Ans. D
12. Four murders took place in the house of the
accused, and the accused tried to commit suicide in
his house. Which of the following statement will hold
true in this case?
A. This being a criminal case the burden of proof is on the
prosecution
B. The burden of proof will lie on the accused under section
101 of the Indian Evidence Act, 1872 because his actions are
suspicious
C. The burden of proof will lie on the accused under section
102 of the Indian Evidence Act, 1872 because the accused will
fail if no evidence is given by him
D. The burden of proof will fall of the accused under section
106 of the Indian Evidence Act, 1872 because the facts were in
the special knowledge of the accused
Ans. D
13. Shortly before the death of the victim, both the
accused, a man and a woman had entered the house
of the victim. They bolted the door from inside and
did not open it despite tapping several times. The
door had to be broken by the neighbours and the
relatives. Both the accused were found hiding under
the cot in the bedroom of the deceased. The deceased
was lying dead with the injuries on his person. Which
of the following statements will apply to the case?
A. The burden of proof will lie on the accused under section
102 of the Indian Evidence Act, 1872 because the accused will
fail if no evidence is given by them
B. The burden of proof will lie on the accused under section
105 of the Indian Evidence Act, 1872 because special
circumstances exist in this case
C. The burden of proof will fall of the accused under section
106 of the Indian Evidence Act, 1872 because the facts were in
the special knowledge of the accused
D. The burden of proof will lie with the prosecution under
section 101 of the Indian Evidence Act, 1872 because they
have to prove the murder
Ans. C
14. Which of the following statements do NOT hold
true for the section 108 of the Indian Evidence Act,
1872?
A. The rule of Muhammadan Law that a missing person is to
be regarded as alive till the expiry of 21Rs ninety years from
the date of birth is superseded by this section
B. The rule of Hindu Law that twelve years must elapse before
an absent person, of whom nothing has been heard during the
period is superseded by this section
C. The burden of proof lies with the person claiming that the
death has not happened
D. None of these
Ans. D
15. In which of the following cases will the
presumption against the accused NOT arise?
A. A Government Servant was found in possession of assets
disproportionate to his earning. Presumption of corruption
B. A newly born child was injured in the Government
Hospital. Presumption of negligence by the Staff
C. One joint owner was permitted to be in possession for a
long period of over 50 years without any protest or objection.
Presumption regarding exclusive ownership
D. Death of a person occurred in police custody. Presumption
of murder
Ans. D
16. Which of the following cases can the Court make
presumptions?
A. Property in name of co-sharers. Presumption that it is
ancestor’s property
B. A registered sale deed. Presumption of genuineness
C. A letter sent by registered post, is not returned to sender
within 15 days. Presumption that the letter has been delivered
D. Delivery of post card by the post office. Presumption that it
was send by the sender
Ans. B
17. Which of the following statements are true
regarding the difference between res judicata and
estoppels?
A. Estoppels outs the jurisdiction of the Court, res judicta
shuts the mouth of the party
B. Estoppels belongs to the procedure, res judicta is part of
Law of evidence
C. Estoppels prevents a man saying one thing at one time and
opposite at another, res judicta precludes a man averring the
same thing twice over in successive litigations
D. All of these
Ans. C
18. The father and one of his son were judgement
debtors in a decree of eviction ant they had applied
for a review. The father died and the son continued
the review proceedings without asking for
substitution of his brothers for the deceased father.
He was not latter allowed to challenge the validity of
the execution proceedings because of the absence of
legal representatives. This is an example of –
A. Estoppels by matter of record
B. Estoppels by deed
C. Estoppels in pais
D. Waiver
Ans. A
19. In an accident claim petition the owner of the
vehicle did not file the original policy and made no
objection to the genuineness of the printed copy filed
by the insurance company, the owner cannot later on
make objection to its genuineness. This is an example
of –
A. Estoppels by matter of record
B. Estoppels by deed
C. Estoppels in pais
D. Waiver
Ans. C
20. A University was charging different fee from
different batches and the batch B was subjected to
higher and the structure of the fee was clearly
disclosed in the prospectus. Can the students in batch
B challenge the validity of the fee structure?
A. No, applicability of promissory estoppels stops them from
challenging the structure
B. No, they by taking admission gave up the right of parity
treatment with others
C. Yes, there is no ground for estopping them from
challenging the validity of the fee structure
D. No, by accepting the admission they have waivered their
right to object
Ans. C
21. Which of the following statements is NOT true for
the principle of Estoppels?
A. It cannot operates against statute
B. It cannot operate on point of Law
C. It does not require fraudulent intentions
D. It can be ambiguous
Ans. D
22. A Child witness below the age of____________
cannot give evidence in the Indian Courts.
A. 15 years
B. 12 years
C. 10 years
D. There is no such limit
Ans. D
23. Which of the following statements do NOT hold
true for admissibility of the evidence?
A. A party filing a document cannot urge its inadmissibility
when the opposite party seeks to use it against him
B. The fact that a document was procured by improper of
illegal means will not be a bar to its admissibility if it is
relevant and its genuineness proved
C. The faculties of a sniffer dog may be taken as evidence for
the purpose of establishing the guilt of an accused
D. If the evidence is irrelevant, consent of the parties cannot
make it relevant
Ans. C
24. Consider the following facts.
I. Witness disposed that immediately after the occurrence; his
niece told him that his wife was shot by the accused
II. Witness deposed that the deceased had made certain
statements to him either nine months or ten days prior to his
murder
III. The accused intruded into the victim’s house and inflicted
gun-shot injury on him. He was able to identify him, before
dying he stated that the accused was standing with a gun
before him, he also explained the time, space, proximity
between him and the assailant
IV. The accused assaulted the deceased and within half an
hour of the incident told the brother of the deceased of his act
Which of them are relevant under section 6 of the
Indian Evidence Act, 1872?
A. I and II
B. II, III and IV
C. I, II and III
D. Ill and IV
Ans. C
25. Which of the following facts will NOT be relevant
under section 8 of the Indian Evidence Act, 1872?
A. The conduct of an accused in absconding when the police
got suspicious of his complicity in the offence of murder
B. The presence of the accused before and after the incident in
the vicinity of the village in which dacoity took place
C. In case of bride burning, the conduct of the husband after
the incident
D. All of these
Ans. D
26. In which of the following cases NOT holding a test
identification parade will prove fatal?
A. In an offense of rape, accused was not known to the victim.
No test identification parade was held for three years after the
occurrence
B. A murder took place in a rickshaw, the accused was known
to the rickshaw puller. The rickshaw puller was with the
accused for more than three hours and witnessed the killing
C. Accused fatally assaulted the husband of the eye witness,
she identified him for the first time in the Court
D. All the witness stated that they had otherwise known the
accused persons, they being not strangers, and they
recognised them in moonlight and lantern light, it was held
that a test identification parade was not necessary
Ans. A
27. The motives are covered under –
A. Section 7 of the Indian Evidence Act, 1872
B. Section 8 of the Indian Evidence Act, 1872
C. Section 9 of the Indian Evidence Act, 1872
D. Section 10 of the Indian Evidence Act, 1872
Ans. B
28. Which of the following need NOT be established
for making the evidence admissible under section 10
of the Indian Evidence Act, 1872?
A. There must be reason to believe that there was a conspiracy
B. There must be reason to believe that the accused persons
were members of the conspiracy
C. The evidence must be related to things said, done or written
D. The offence must have been committed
Ans. D
29. Which of the following statements are true for the
pleas of alibi?
A. The fact that the accused resorted to false plea of alibi is
positive evidence that the accused is responsible for the
offence
B. The plea of alibi need not be proved with absolute certainty,
benefit of the doubt is given to the accused
C. A false plea of alibi can be regarded as link in the chain of
circumstances leading to conviction
D. The plea of alibi is not admissible under section 11 of the
Indian Evidence Act, 1872
Ans. C
30. Which of the following statements hold true for
the admissions?
A. The admissions made to strangers are not admissible under
the Indian Evidence Act, 1872
B. Before admitting the evidence of the admission, it should
be brought to the notice of the party who made it
C. Admissions can be oral as well as written in documents
D. Only judicial admissions are acceptable under the Indian
Evidence Act, 1872
Ans. C
31. Section 18 of the Indian Evidence Act, 1872 lays
down five classes of people who can make
admissions. Which of the following is NOT one of
them?
A. Party to the proceedings
B. Agent authorised by the party of the proceedings
C. Party suing or being suing in the representative character
making admission while holding the character
D. Witness for the party suing or being sued in the
representative character making the admission as a witness
Ans. D
32. Which of the following admissions will NOT be
binding under section 18 of the Indian Evidence Act,
1872?
A. The statement made by the suspect before the Coroner
B. An admission by a counsel or pleader on the point of Law
C. An admission by a counsel or pleader on the point of fact
D. Admission by a partner of a dissolved firm on the other
partners when they have an identical interest in the subject
matter of the suit
Ans. B
33. Which of the following statements hold true
regarding the admissibility of admissions under
section 19 of the Indian Evidence Act, 1872?
A. The admissions must satisfy the requirements of section 17
of the Indian Evidence Act, 1872
B. The admissions need not satisfy the requirements of
section 17 of the Indian Evidence Act, 1872
C. The admissions must satisfy the requirements of section 21
of the Indian Evidence Act, 1872
D. The admissions cannot satisfy the requirements of section
21 of the Indian Evidence Act, 1872
Ans. A
34. Which of the following statement holds true for
the section 21 of the Indian Evidence Act, 1872?
A. It only applies to civil cases
B. It only applies to criminal cases
C. This section is subject to section 24, 25 and 26 of the Indian
Evidence Act, 1872
D. The section does not apply to the admissions made to
strangers
Ans. C
35. Which of the following sections of the Indian
Evidence Act, 1872 deals with ‘without prejudice’
rule?
A. Section 21
B. Section 22
C. Section 23
D. Section 24
Ans. C
36. The confession of an accused is only relevant
against him. Which of the following sections of the
Indian Evidence Act, 1872 is an exception to this
rule?
A. Section 23
B. Section 25
C. Section 28
D. Section 30
Ans. D
37. Generally In which of the following cases the
confession of the person will be valid?
A. If it is made to the police officer
B. If it is made in the presence of a police officer
C. If it is made in the presence of two independent witnesses
while in the custody of the Police Officer
D. If it is made in the presence of a Magistrate when the
accused is in the custody of the Police Officer
Ans. D
38. Which of the following statement is NOT true
regarding the extra-judicial confessions?
A. It is a weak evidence by itself
B. It should be made voluntarily and should be truthful
C. It cannot by itself become basis of conviction
D. It should inspire confidence
Ans. C
39. In a murder case before identification of the
culprit, B wrote a letter of confession to the police
officer. At the time of writing the letter there was no
suspicion cast on B. Choose the most relevant answer
from the following choices.
A. Is inadmissible as it was made to a police officer
B. Admissible as it was made voluntarily, the fact it was made
before the police officer is irrelevant
C. Admissible as it was neither made in police custody nor in
the presence of the police officer
D. Inadmissible as it was not made before the magistrate
Ans. C
40. While the accused was in the lock-up of the
Magistrate under trial, he was sent by the Magistrate
to a hospital for treatment. He was taken from the
lock-up to the dispensary by two policemen who
waited outside on the verandah of the hospital.
During the examination inside the dispensary by the
doctor, the accused made a confession of his guilt to
another patient who happened to be there within the
hearing of the doctor. Which of the following
statements will hold true for the case?
A. The confession is inadmissible because it was made in the
presence of the doctor
B. The confession in inadmissible as the accused was in the
police custody at the time of making the confession
C. The confession is admissible because the accused ceased to
be in police custody the movement he entered the hospital
D. The confession is admissible as it is in form of extrajudicial
confession and the doctor in not a person in authority
Ans. B
41. Which of the following conditions are essential
for applicability of section 27 of the Indian Evidence
Act, 1872?
I. The person giving information must be in police custody
II. The person giving information must NOT be in police
custody
III. The person giving the information must not be accused of
any offence
IV. The person giving the information must be accused of any
offence
A. I and III
B.I and IV
C. II and III
D. II and IV
Ans. B
42. Which of the following confessions CANNOT be
admitted under section 29 of the Indian Evidence
Act, 1872?
A. The accused asked the police officer to post the letter for
him. Police officer promised to do so and the accused handed
over his letter to the officer. The police officer handed over the
letter to the prosecution
B. The evidence of a police officer who overheard an accused
person’s statement made in another room and in ignorance of
the policeman’s vicinity and uninfluenced by it
C. A person while in sleep confessed his guilt and the police
officer nearby heard the confession
D. The police officer gave liquor to the accused, and the
accused made the confession to the magistrate under the
influence of the liquor
Ans. A
43. The evidence accepted by the Court under section
30 of the Indian Evidence Act, 1872-
A. Amounts to proof
B. May be used as the basis of conviction
C. Cannot be used as the basis of conviction
D. Cannot be used for corroboration
Ans. C
44. Which of the following statements hold true for a
retracted confession?
A. It cannot be used as evidence
B. It can be acted upon only if substantially corroborated by
independent circumstances
C. Cannot be disregarded even if proved to be obtained under
duress
D. None of these
Ans. B
45. Which of the following sections of the Indian
Evidence Act, 1872 states that the admissions can
operate as estoppels?
A. Section 28
B. Section 30
C. Section 31
D. Section 34
Ans. C
46. Persons who can make admissions are mentioned
in:
(a) section 17 of Evidence Act
(b) section 20 of Evidence Act
(c) section 19 of Evidence Act
(d) section 18 of Evidence Act.
Ans. (d)
47. Admissions by agents are:
(a) admissible in civil proceedings under all circumstances
(b) admissible in civil proceedings only if the agent has the
authority to make admissions
(c) never admissible in criminal proceedings
(d) both (b) & (c).
Ans. (d)
48. Admissions made by a party are evidence against:
(a) privies in blood
(b) privies in law
(c) privies in estate
(d) all the above.
Ans. (c)
49. Which of the following admission is no evidence:
(a) an admission by one of the several defendants in a suit
against another defendant
(b) an admission by a guardian ad litem against a minor
(c) an admission by one of the partners of a firm against the
firm or other partners
(d) only (a) & (b).
Ans. (d)
50. When the liability of a person who is one of the
parties to the suit depends upon the liability of a
stranger to the suit, then an admission by the
stranger in respect of his liability shall be an
admission on the part of that person who is a party to
the suit. It has been so provided:
(a) under section 21 of Evidence Act
(b) under section 20 of Evidence Act
(c) under section 19 of Evidence Act
(d) under section 17 of Evidence Act.
Ans. (c)
51. In a reference made over a disputed matter to a
third person, the declaration so made by that person
shall be an evidence against the party making a
reference, by virtue of:
(a) section 17 of Evidence Act
(b) section 19 of Evidence Act
(c) section 20 of Evidence Act
(d) section 21 of Evidence Act.
Ans. (c)
52. Communication made ‘without prejudice’ is
protected:
(a) under section 22 of Evidence Act
(b) under section 23 of Evidence Act
(c) under section 24 of Evidence Act
(d) under section 21 of Evidence Act.
Ans. (b)
53. Confession caused by inducement, threat or
promise is contained in:
(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) section 27 of Evidence Act.
Ans. (a)
54. Section 24 of Evidence Act applies:
(a) when the inducement, threat or promise comes from a
person in authority
(b) when the inducement is of a temporal kind
(c) when the inducement is spiritual or religious
(d) only (a) & (b) are correct.
Ans. (d)
55. A confession made to a police officer is
inadmissible under:
(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) section 27 of Evidence Act.
Ans. (b)
56. A confession to be inadmissible under section 25
of Evidence Act:
(a) must relate to the same crime for which he is charged
(b) must relate to another crime
(c) may relate to the same crime or another crime
(d) only (a) is correct and (b) is incorrect.
Ans. (c)
57. Which of the following is not given by section 25
of Evidence Act:
(a) confessions made to custom officers
(b) confession made to a member of Railway Protection Force
(c) confession made to an officer under FERA
(d) all the above.
Ans. (d)
58. A retracted confession:
(a) can be made solely the basis of conviction
(b) cannot be made solely the basis of conviction under any
circumstances
(c) cannot be made solely the basis of conviction unless the
same is corroborated
(d) both (a) & (c) are incorrect.
Ans. (c)
59. A confession made by a person while in police
custody is inadmissible as per:
(a) section 25 of Evidence Act
(b) section 26 of Evidence Act
(c) section 27 of Evidence Act
(d) section 30 of Evidence Act.
Ans. (b)
60. A confession made while in police custody is
admissible under section 26 of Evidence Act:
(a) if made in the presence of a doctor
(b) if made in the presence of a captain of a vessel
(c) if made in the presence of a Magistrate
(d) all the above.
Ans. (c)
61. Section 27 control:
(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) all the above.
Ans. (d)
62. Section 27 applies to:
(a) discovery of some fact which the police had not previously
learnt from other sources and was first derived from the
information given by the accused
(b) discovery of some fact which the police had previously
learnt from other sources
(c) discovery of some fact which the police had previously
learnt from other sources and the accused has also given
information regarding the same
(d) all the above.
Ans. (a)
63. Under section 27 of Evidence Act, ‘discovery of
fact’ includes:
(a) the object found
(b) the place from where it is produced
(c) both (a) & (b)
(d) neither (a) nor (b).
Ans. (c)
64. Section 27 of Evidence Act applies:
(a) when the person giving information is an accused but not
in police custody
(b) when the person giving information is an accused and is in
police custody
(c) when the person is in police custody but not an accused
(d) when the person is neither in police custody nor an
accused.
Ans. (b)
65. Under section 27 of Evidence Act:
(a) the whole statement is admissible
(b) only that portion which distinctly relates to the discovery
is admissible
(c) both are admissible depending on the facts &
circumstances of the case
(d) only (a) & not (b).
Ans. (b)
66. Facts discovered in consequences of a joint
information:
(a) are not admissible and cannot be used against any of the
accused person
(b) are admissible and can be used against any one of the
accused person
(c) are admissible and can be used against all the accused
persons
(d) both (a) & (c) are correct.
Ans. (a)
67. Confession of an accused is admissible against the
other co-accused:
(a) under section 28 of Evidence Act
(b) under section 29 of Evidence Act
(c) under section 30 of Evidence Act
(d) under section 31 of Evidence Act.
Ans. (c)
68. Confession of one accused is admissible against
co-accused:
(a) if they are tried jointly for the same offences
(b) if they are tried jointly for different offences
(c) if they are tried for the same offences but not jointly
(d) if they are tried for different offences and not jointly.
Ans. (a)
69. Confession of a co-accused not required to be on
oath and cannot be tested by cross- examination:
I. is no evidence within the meaning of section 3 of Evidence
Act and cannot be the foundation of a conviction
II. the only limited use which can be made of a confession of a
co-accused is by way of furnishing an additional reason for
believing such other evidences as exists
III. it is a very weak type of evidence and is much weaker even
than the evidence of an approver.
In the aforesaid propositions:
(a) all I, II & III are correct
(b) only I & III are correct
(c) only I & II are correct
(d) only II & III are correct.
Ans. (a)
70. ‘Necessity rule’ as to the admissibility of evidence
is contained in:
(a) section 31 of Evidence Act
(b) section 32 of Evidence Act
(c) section 60 of Evidence Act
(d) section 61 of Evidence Act.
Ans. (b)
71. Necessity rule as to the admissibility of evidence is
applicable, when the maker of a statement:
(a) is dead or has become incapable of giving evidence
(b) is a person who can be found but his attendance cannot be
procured without unreasonable delay or expenses
(c) is a person who cannot be found
(d) all the above.
Ans. (d)
72. Under section 32 of Evidence Act, a statement of a
person who is dead, to be admissible:
(a) must relate to the cause of his own death
(b) may relate to the cause of someone else’ death
(c) may relate to the cause of his own death or someone else’
death
(d) both (b) & (c) are correct.
Ans. (a)
73. The person whose statement is admitted under
section 32 of Evidence Act:
(a) must be competent to testify
(b) need not be competent to testify
(c) may or may not be competent to testify
(d) only (a) is correct and (b) & (c) are incorrect.
Ans. (c)
74. A dying declaration is admissible:
(a) only in criminal proceedings
(b) only in civil proceedings
(c) in civil as well as criminal proceedings both
(d) in criminal proceedings alone & not in civil proceedings.
Ans. (c)
75. A dying declaration:
(a) can form the sole basis of conviction without any
corroboration by independent evidence
(b) can form the basis of conviction only on corroboration by
independent witness
(c) cannot form the sole basis of conviction unless
corroborated by independent witness
(d) only (b) & (c) are correct.
Ans. (a)
76. Which of the following section of the Indian
Evidence Act extends the protection to an agent
which Section 130, Indian Evidence Act provides for
a principal?
A. Section 127
B. Section 129
C. Section 131
D. Section 134
Ans: C
77. A agrees absolutely in writing to pay B Rs. 1,000
on the first March, 1873. At the same time an oral
agreement was made that the money should not be
paid till thirty first March. Applying Section 92,
Indian Evidence Act:
A. The oral agreement can be proved
B. The oral agreement must be proved
C. The oral agreement cannot be proved
D. None of them
Ans: C
78. Evidence may be given of facts in issue and
relevant facts in which of the following section of the
Indian Evidence Act?
A. Section 5
B. Section 3
C. Section 7
D. Section 1
Ans: A
79. A suitor docs not bring with him and have in
readiness for production at the first hearing of the
case, a bond on which he relies. Applying Section 5,
Indian Evidence Act, what is the conclusion?
A. This section provides for him to produce the bond or prove
its contents at a subsequent stage of the proceedings
B. This section does not enable him to produce the bond or
prove its contents at a subsequent stage of the proceedings
otherwise than in accordance with the condition prescribed by
the Indian Penal Code
C. This section does not enable him to produce the bond or
prove its contents at a subsequent stage of the proceedings
otherwise than in accordance with the condition prescribed by
the Code of Civil Procedure
D. None of them
Ans: C
80. Section 35 read with Section 74, Indian Evidence
Act, presupposes that:
A. A document produced is really an extract from the official
register
B. A document produced is partially an extract from the
official register
C. A document produced is not always an extract from the
official register
D. None of them
Ans: A
81. Additional Evidence means:
A. Evidence let in appeal before the trial has closed in the
lower Court, it is a privilege allowed only under special
circumstances
B. Evidence let in appeal after the trial has closed in the
Supreme Court, it is a privilege allowed only under special
circumstances
C. Evidence let in appeal after the trial has closed in the lower
Court, it is a privilege allowed only under special
circumstances
D. None of them
Ans: C
82. In which of the following cases did the Apex Court
held that the practice of getting the affidavits of
defence witnesses in advance amounted to an
attempt aimed at dissuading the witnesses from
speaking the truth before the Court? This type of
interference in criminal justice should not be
encouraged and was to be viewed seriously. The
Court deprecated this practice.
A. Sachchey Lal Tiwari v. State of U.P., AIR 2004 SC 5039.
B. Rachapalli Abbulu v. State of A.P., AIR 2002 SC 1805 (para
11): (2002) 4 SCC 208.
C. State of Raj as than v. Teja Ram, AIR 1999 SC 1776.
D. State of Haryana v. Mange Ram, 2003 1 SCC 637, para 12:
AIR 2003 SC 558 : 2003 CrLJ 830.
Ans: B
83. Section 130, Indian Evidence Act protects a
witness, who is not a party to the suit in which he is
called, from producing?
A. Title-deeds to any property
B. Any document in virtue of which he holds any property as
pledgee or mortgagee
C. Any document the production of which might tend to
criminate him, unless he has agreed in writing to produce
such document
D. All of them
Ans: D
84. Section 81, Indian Evidence Act deals with which
of the following documents which shall be presumed
to be genuine?
I. Gazettes
II. Gazetteers
III. Newspaper or journals
IV. Every document directed by any law to be kept by any
person, if that document is kept substantially in the form
required by law and is produced from proper custody
A. I, III, IV
B. II, IV
C. I, II, IV
D. All of them
Ans: D
85. The good faith of a sale by a son just come of age
to a father is in question in a suit brought by the son.
Applying Section 111, Indian Evidence Act:
A. The burden of proving the good faith of the transaction is
on the son
B. The burden of proving the good faith of the transaction is
irrelevant
C. The burden of proving the good faith of the transaction is
on the father
D. None of them
Ans: C
86. The use of secondary evidence under Section 33,
Indian Evidence Act is limited to which of the
following condition?
A. If the proceeding was between the same parties, or their
representatives in interest
B. If the adverse party in the first proceeding had the right
and opportunity to cross examine
C. If the questions in issue were substantially the same in the
first as in the second proceeding
D. All of them
Ans: D
87. Under Section 65, Indian Evidence Act, which of
the following needs to be proved concerning
secondary evidence?
A. Existence of a document
B. Condition of a document
C. Contents of a document
D. All of them
Ans: D
88. What do you understand by deposition?
A. It is parte and voluntary
B. It is evidence given by a witness under interrogatories, oral
or written, and usually written down by an official person
C. It is the mere voluntary act of the party making the oath,
and may be, and generally is, taken without the cognizance of
the one against whom it is to be used
D. Both (A) and (B)
Ans: D
89. When is an enquiry said to be judicial?
A. If its object is to determine jural relation between one
person and another or a group of persons, or between him and
the community in general
B. If its object does not require discretion to be exercised and
no judgment is to be formed
C. If its object requires jural relation to be established
between the judge and a group of persons
D. None of them
Ans: A
90. Which of the following are some of the instances
of notifications or rules of which judicial notice was
taken?
I. The Army regulations and ordinances issued by the
Government of India
II. Notification of the appointment of a Drug Inspector under
Section 21, Clause (1) of the Drugs Act of 1940
III. A rule made under the rule 225 of Printing Manual
published by the Government of Madras providing for return
of old and obsolete stamps to Government Press on receipt of
new ones
IV. A notification issued by the Government, declaring Malas
to be socially and educationally backward class
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. All of them
Ans: D
91. Which of the following has been repealed by the
Repealing Act, 1938 (1 of 1938)?
A. Section 1, Indian Evidence Act
B. Section 2, Indian Evidence Act
C. Section 3, Indian Evidence Act
D. Section 4, Indian Evidence Act
Ans: B
92. Which of the following is important to make the
evidence of a witness relevant under Section 50,
Indian Evidence Act?
A. The witness must have special means of knowledge with
regard to existence of the disputed relationship, either as a
member of a family, or otherwise
B. The witness must depose to his own conduct towards the
person whose relationship is in dispute
C. Either (A) or (B)
D. Both (A) and (B)
Ans: D
93. Which of the following is true of Section 48,
Indian Evidence Act?
A. It deals with the opinion as to the existence of general
customs and rights When the Court has to form an opinion as
to its existence
B. The explanation to the section states that the customs and
rights common to any considerable class of persons would
also come within the expression ‘general custom or right’
C. It deals with oral evidence given in Court by the person
expressing the opinion
D. All of them
Ans: D
94. Which of the following proviso of the Indian
Evidence Act enables the Court to require the
production of material thing for its inspection?
A. Proviso 5 of Section 57
B. Proviso 4 of Section 58
C. Proviso 3 of Section 59
D. Proviso 2 of Section 60
Ans: D
95. Which of the following maps are made under the
authority of Government?
I. Survey maps
II. Thak bast maps
III. Chittas
IV. Superimposition of maps
A. I, III and IV
B. II, III and IV
C. I, II and IV
D. all of them
Ans: D
96. Which of the following section of the Indian
Evidence Act deals with admissions not conclusive
proof, but may be estop?
A. Section 30
B. Section 31
C. Section 22
D. Section 39
Ans: B
97. Which of the following section of the Indian
Evidence Act deals with facts bearing upon opinions
of experts?
A. Section 46
B. Section 49
C. Section 63
D. Section 50
Ans: A
98. Which of the following section of the Indian
Evidence Act deals with oral evidence which must be
direct?
A. Section 52
B. Section 62
C. Section 65
D. Section 60
Ans: D
99. Which of the following section of the Indian
Evidence Act deals with proof when attesting witness
denies the execution?
A. Section 71
B. Section 80
C. Section 60
D. Section 70
Ans: A
100. Which of the following section of the Indian
Evidence Act deals with the burden of proof as to
ownership?
A. Section 100
 B. Section 101
C. Section 110
D. Section 105
Ans: C
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