Quiznetik
Indian Evidence Act | Set 2
1. 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).
Correct : A. from the date of the will
2. Presumption as to the genuineness of gazettes in electronic form has been dealt with under
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.
Correct : A. section 81 a of evidence act .
3. 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) & (b)
D. only (a) 8: not (b).
Correct : C. both (a) & (b)
4. Section 91 of Evidence Act applies to documents which are
A. unilateral
B. bilateral
C. tripartite
D. all the above.
Correct : D. all the above.
5. Section 92 of Evidence Act prohibits admission of oral evidence, in respect of a written document, for the purpose of
A. contradicting its terms
B. varying its terms
C. adding to its terms
D. all the above.
Correct : D. all the above.
6. Section 92 of Evidence Act is applicable to
A. disputes between the parties to the instrument only
B. disputes between a party to the instrument and a stranger
C. disputes between two strangers where the document is in question
D. all the above.
Correct : A. disputes between the parties to the instrument only
7. Section 92 of Evidence Act applies to
A. unilateral documents
B. bilateral documents
C. both (a) & (b)
D. either (a) or (b).
Correct : B. bilateral documents
8. Oral evidence of a fact invalidating the document is admissible
A. under proviso 1 to section 92 of evidence act
B. under proviso 2 to section 92 of evidence act
C. under proviso 4 to section 92 of evidence act
D. under proviso 6 to section 92 of evidence act.
Correct : A. under proviso 1 to section 92 of evidence act
9. 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.
Correct : A. is a complete want or failure
10. Mistake referred to in proviso 1 to section 92 of Evidence Act refers to
A. unilateral mistake
B. mutual mistake
C. both (a) & (b)
D. only (b) not (a).
Correct : C. both (a) & (b)
11. Under section 92 of Evidence Act oral evidence 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.
Correct : A. where the document does not record all the terms of the contract
12. Under proviso 4 to section 92 of Evidence Act, oral evidence is admissible in cases
A. where the contract has been written voluntarily & not required by laws to be so written
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.
Correct : A. where the contract has been written voluntarily & not required by laws to be so written
13. 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) & (b)
D. only (b) & not (a).
Correct : A. ambiguitas patens
14. The test of ascertaining on which side the burden of proof lies is contained in
A. section 100 of evidence act
B. section 101 of evidence act
C. section 102 of evidence act
D. section 103 of evidence act.
Correct : C. section 102 of evidence act
15. 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) & not (a) or (b).
Correct : A. partially determines the right to begin
16. 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) & (c) are correct.
Correct : A. never shifts
17. Burden of proof is lightened by
A. presumptions
B. admissions
C. estoppels
D. all the above.
Correct : D. all the above.
18. 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).
Correct : C. constantly shifts
19. 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).
Correct : A. on the prosecution to prove the guilt of the accused
20. Section 105 of Evidence Act applies to
A. criminal trials
B. civil trials
C. both (a) & (b)
D. neither (a) nor (b).
Correct : A. criminal trials
21. In criminal trials, the onus is on the accused to prove that his case falls in
A. any of the general exception
B. any of the special exception
C. any of the proviso to any provision
D. all the above.
Correct : D. all the above.
22. 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).
Correct : B. prima fzzcie
23. 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
Correct : A. a party to the suit
24. 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.
Correct : B. section 107 of evidence act
25. Section 108 of Evidence Act relates to
A. presumption of death
B. presumption of life
C. presumption of legitimacy
D. presumption of relationship.
Correct : A. presumption of death
26. 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.
Correct : D. within 30 years.
27. 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.
Correct : B. 7 years
28. The principle that possession is prima facie proof of ownership is contained in
A. section 109 of evidence act
B. section 110 of evidence act
C. section 111 of evidence act
D. section 112 of evidence act.
Correct : B. section 110 of evidence act
29. The possession contemplated under section 110 of Evidence Act is
A. juridical possession
B. symbolic possession
C. actual physical possession
D. all the above.
Correct : C. actual physical possession
30. 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.
Correct : C. is not limited to immoveable property and applies to moveable property as well
31. Section 112 of Evidence Act provides for
A. presumption of life
B. presumption of marriage
C. presumption of death
D. presumption of legitimacy.
Correct : D. presumption of legitimacy.
32. 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 & law.
Correct : C. an irrebuttable presumption of law
33. 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) & (b)
D. either (a) or (b).
Correct : B. paternity of a child
34. 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 & circumstances
D. only (b) ¬ (a).
Correct : A. the date of birth of the child
35. 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 & law both.
Correct : A. presumption of facts
36. 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).
Correct : B. a competent witness against an accused
37. Presumption
A. is an evidence
B. is a proof
C. shows on whom the burden of proof lies
D. all the above.
Correct : C. shows on whom the burden of proof lies
38. 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.
Correct : B. under section 113a of evidence act
39. 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 of marriage
D. within 1 year of marriage.
Correct : A. within 7 years of marriage
40. 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.
Correct : C. section 113b of evidence act
41. 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 the above.
Correct : D. all of the above.
42. 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.
Correct : A. section 115 of evidence act
43. The doctrine of estoppel is a
A. substantive law
B. rule of equity
C. rule of evidence
D. law of pleadings.
Correct : C. rule of evidence
44. Estoppels are binding
A. upon litigating parties
B. upon privies of the litigating parties
C. upon strangers to the lis
D. both (a) & (b) only.
Correct : D. both (a) & (b) only.
45. Estoppel is a rule of
A. civil action
B. criminal action
C. both civil and criminal action
D. only (b) and not (a).
Correct : A. civil action
46. The estoppel in section 115 of Evidence Act
A. is an estoppel by record
B. is an estoppel by deed
C. is an estoppel by pais
D. all the above.
Correct : C. is an estoppel by pais
47. 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.
Correct : C. attestation of a deed
48. Estoppel can be
A. by silence
B. by negligence
C. by election
D. all the above.
Correct : D. all the above.
49. Estoppel deals with
A. question of facts
B. question of right
C. both (a) 8: (b)
D. neither (a) nor (b).
Correct : A. question of facts
50. Estoppel
A. is a cause of action in itself
B. creates a cause of action
C. both (a) & (b) are correct
D. neither (a) nor (b) is correct.
Correct : D. neither (a) nor (b) is correct.
51. 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) & (c) are correct.
Correct : A. should be specifically pleaded
52. 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.
Correct : A. section 116 of evidence act
53. Estoppel operates in case of a tenant
A. during the continuance of tenancy
B. who remain in possession after the termination of tenancy by notice to quit
C. both (a) and (b)
D. only (a) and not (b).
Correct : C. both (a) and (b)
54. 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)&(b)
D. only & not (a).
Correct : A. from denying the title to the property, of the landlord
55. A tenant or licencee under section 116 of Evidence Act is estopped from denying the 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.
Correct : A. during the continuance of tenancy
56. Under section 118 who amongst the following are competent witnesses
A. child
B. accused
C. lunatic
D. all the above.
Correct : D. all the above.
57. 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. if has both (a) & (b)
D. if has (a) only and not (b).
Correct : C. if has both (a) & (b)
58. 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.
Correct : B. section 119 of evidence act
59. Husband & wife both are competent witness for & against each other
A. in civil proceedings
B. in criminal proceedings
C. in both civil & criminal proceedings
D. neither in civil nor in criminal proceedings.
Correct : C. in both civil & criminal proceedings
60. Section 121 of Evidence Act provides for privilege in respect of
A. husband & wife
B. judges & magistrates
C. affairs of the state
D. official communication.
Correct : B. judges & magistrates
61. Privilege in respect of judges & 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) & (b)
D. neither (a) nor (b).
Correct : D. neither (a) nor (b).
62. 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) & (c) are correct.
Correct : A. available to an arbitrator
63. Privilege in respect of husband & wife under section 122 of Evidence Act relates to
A. question which a witness cannot be compelled to answer
B. question which a witness cannot be permitted to answer
C. both (a) & (b)
D. only (b) & not (a).
Correct : C. both (a) & (b)
64. A document containing a communication from a husband to a wife or vice versa, in the hands of a third person
A. is not admissible in evidence until consented to by the writer of the communication
B. is not admissible in evidence at all is not admissible in evidence until-
C. is admissible in evidence
D. either (a) or (b).
Correct : C. is admissible in evidence
65. A husband or wife are permitted to disclose any communication between them during marriage
A. in civil proceedings between the parties
B. in criminal proceedings between the parties
C. in matrimonial proceedings between the parties
D. all the above.
Correct : D. all the above.
66. Protection under section 122 of Evidence Act is available to
A. a witness
B. husband & wife as a witness
C. both (a) & (b)
D. either (a) or (b).
Correct : B. husband & wife as a witness
67. 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).
Correct : A. can be waived by the witness without the consent of the husband or wife
68. 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.
Correct : A. under section 123 of evidence act
69. 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)&(b)
D. either (a) or (b).
Correct : B. is an unpublished official record
70. In deciding whether the document falls in the category of ‘unpublished official record’ the court
A. has the jurisdiction to inspect the documents itself
B. the court is banned from inspecting the document
C. the court can compel the production of the document for inspection
D. both (a) & (c) are correct. -
Correct : B. the court is banned from inspecting the document
71. 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.
Correct : B. official communications
72. 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).
Correct : A. to a public officer in official confidence
73. The professional privilege under section 126 of Evidence Act is available in respect of communication made
A. for the purposes of professional employment
B. the cause of employment
C. both (a) & (b)
D. neither (a) nor (b).
Correct : C. both (a) & (b)
74. Legal advisor
A. i can disclose the communication after his clients death
B. f can disclose the communication after the relation with his client has ended
C. cannot disclose the communication even when the relation is ended or the client has died
D. both (a) 8: (b) are correct.
Correct : C. cannot disclose the communication even when the relation is ended or the client has died
75. 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.
Correct : C. under section 133 of evidence act
76. 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) 8: (b).
Correct : A. who participates in the commission of the crime for which the accused has been charged
77. Testimony of an accomplice before it is accepted &: 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).
Correct : B. must be corroborated from an independent source
78. 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).
Correct : A. should be decided as they arise
79. 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) & (b)
D. either (a) -or (b).
Correct : A. shall be by the party calling the witness
80. Re-examination of a witness
A. shall be by the party calling the witness
B. shall be by the adverse party
C. both (a) & (b)
D. either (a) or (b).
Correct : A. shall be by the party calling the witness
81. Re-examinati0n 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).
Correct : B. after examination chief and after cross-examination
82. 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).
Correct : B. a new matter can be introduced only with the permission of the court
83. 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.
Correct : C. can be cross-examined by another co-defendant when their interests adverse to each other
84. It Cross-examination of a witness 229. Leading questions can be asked during
A. examination in chief
B. cross-examination
C. re-examination
D. all the above.
Correct : B. cross-examination
85. 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).
Correct : D. if they refer to either (a) or (b) or (c).
86. A leading question has been defined as a question suggesting the answer which the 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.
Correct : B. section 141 of evidence act
87. 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 & showing the same to the witness.
Correct : A. without proving the same and without showing the same to the witness
88. Under section 145 of Evidence Act, a witness may be contradicted as to previous statement in writing
A. without proving the same and without 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 & showing the same to the witness.
Correct : B. without proving the same but only after showing the same to the witness
89. Objections as to the admissibility of a document in evidence
A. can be made at any state during the trial
B. can be made at the first opportunity when the document is tendered in evidence
C. can be raised for the first time in appeal
D. all the above.
Correct : B. can be made at the first opportunity when the document is tendered in evidence
90. 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.
Correct : C. under section 154 of evidence act
91. Section 162 of Cr PC
A. controls section 157 of evidence act
B. controls section 156 of evidence act
C. both (a) & (b)
D. neither (a) nor (b).
Correct : A. controls section 157 of evidence act
92. 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.
Correct : B. section 165 of evidence act
93. Court question under section 165 of Evidence Act can be put to
A. any witness
B. any party
C. both (a) & (b)
D. neither (a) nor (b).
Correct : C. both (a) & (b)
94. 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).
Correct : B. has a right to cross-examine only with the permission of the court
95. The right to cross-examine on an answer to court question is available
A. to the adverse party only
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).
Correct : C. to either of the parties if the answer is adverse to either of the parties
96. 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 above.
Correct : B. judgment in rem whether such judgments are inter-partes or not
97. 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 & law.
Correct : C. irrebuttable presumption of law .
98. Delhi High Court issued guidelines for the protection of witness in
A. neelam katara case (2003)
B. naina sahni case (2007)
C. llphaar cinema case (2005)
D. parliament attack case (2006).
Correct : A. neelam katara case (2003)
99. 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.
Correct : A. not to uphold the conviction awarded by lower court
100. Zahira Sheikh was prime witness in
A. best bakery case (2004)
B. best bakery retrial case (2006) \
C. sukh ram disproportionate assets case (2005)
D. gujjar killings case (2003).
Correct : B. best bakery retrial case (2006) \