Quiznetik

Indian Evidence Act | Set 3

1. "Relationship is not a factor to affect credibility of a witness" held by the Supreme Court in

Correct : A. s. sudershan reddy v. state of andhra pradesh, air 2006 sc 2716

2. In which case the Supreme Court held that material evidence and not the number of witnesses has to be taken note to ascertain the truth of the allegations made

Correct : B. syed ibrahim v. state of andhnz pradesh, air 2006 sc 2908

3. Dying declaration can be sole basis of conviction if it inspires full confidence of the court. The court should be satisfied

Correct : D. both (a) & (b)

4. Examination of witnesses in criminal cases through video conferencing is

Correct : A. permissible

5. Which confession needs a closer scrutin

Correct : A. confession made to officers under ndps act

6. For taking the dying declaration from the deceased, the presence of Magistrate is 260

Correct : B. not mandatory

7. The evidence unearthed by the sniffer dog falls under

Correct : D. scientific evidence

8. The possession or ownership of property of the grand father of defendant on the basis of documents 30 years old can

Correct : A. be proved

9. An accused can be convicted on the basis of his extra judicial confession only if it is made before

Correct : A. a credible person

10. Falsus in un0,falsus in omni bus is

Correct : D. not a rule of evidence in criminal trial.

11. Photostat copy of family settlement is allowed to be produced before court as

Correct : B. secondary evidence

12. A judgment in an election petition is not one of the judgments specifically recognised by

Correct : A. section 41 of the evidence act

13. Which section of the Indian Evidence Act was amended by the Criminal Law (Amendment) Act, 2005

Correct : A. section 154

14. A confession to be inadmissible under section 25 of the Evidence Act

Correct : B. may relate to the same crime‘f0r which offender is charged

15. The provision ”hostile witness" is provided under section ...... ..of Indian Evidence Act

Correct : C. section 154

16. In which of the following cases Supreme Court held that "Test identification parade is only an aid to investigation. The practice is not born out of prudence"?

Correct : A. siddharth vashist @ manu shzzrma v. state (nct of delhi), air 2010 sc 2352

17. A dying declaration to be admissible:

Correct : D. may be made either before a magistrate or a police officer or a doctor or a private person.

18. Declaration as to custom are admissible:

Correct : C. under section 32(4) of evidence act

19. Under section 32(4) of Evidence Act, the declaration:

Correct : A. as to public rights & customs are admissible

20. Under section 45 of Evidence Act, the opinion of expert can be for:

Correct : C. both (a) & (b)

21. Under section 45 of Evidence Act the opinion of expert can be on the question of:

Correct : B. foreign law

22. Opinion of an expert under section 45 of Evidence Act:

Correct : C. is supportive & corroborative in nature

23. The res inter alia acta is receivable:

Correct : B. under section 46 of evidence act

24. Entries in the books of accounts regularly kept in the course of business are admissible under section 34 of Evidence Act:

Correct : C. irrespective of whether they themselves create a liability or not

25. The relationship in section 50 of Evidence Act means:

Correct : C. relationship by blood or marriage or adoption

26. Facts of which the judicial notice is to be taken are stated in:

Correct : B. section 57 of evidence act

27. List of facts of which the judicial notice has to be taken under section 57 of Evidence Act:

Correct : B. is illustrative only

28. Facts which need not be proved by the parties include:

Correct : C. both (a) & (b)

29. The court may in its discretion call for proving the facts:

Correct : B. which have been admitted otherwise than such admissions

30. Oral evidence under section 60 of Evidence Act may be:

Correct : A. direct only

31. Contents of a document may be proved under section 61 of Evidence Act:

Correct : C. either by primary or by secondary evidence

32. Secondary evidence of a document means:

Correct : C. both (a) & (b)

33. The circumstances under which the secondary evidence is admissible have been enumerated in:

Correct : C. section 65 of evidence act

34. Secondary evidence is admissible:

Correct : B. where the non-production of primary evidence has been accounted for

35. Oral account of the contents of a document is admissible:

Correct : A. when given by a person who has seen & read the document

36. A will is required to be proved by calling at least one attesting witness:

Correct : D. all of the above

37. Documents which are not covered under section 74 of Evidence Act are called:

Correct : C. private documents

38. Maxim ‘omnia proesumuntur rite esse acta’ means:

Correct : A. all acts are presumed to be rightly done

39. Principle of ‘omnia proesumuntur rite esse acta’ is contained in:

Correct : B. section 79 of evidence act

40. Section 79 of Evidence Act applies to:

Correct : D. all the above.

41. Section 79 of Evidence Act contains:

Correct : B. a rebuttable presumption of law

42. Sections 79 to 85 of Evidence Act contain:

Correct : B. rebuttable presumptions of law

43. Presumption as to the accuracy of maps & plans made by the authority of Government is contained in:

Correct : C. section 83 of evidence act

44. Under section 83 of Evidence Act, presumption as to accuracy of maps & plans can be raised in respect of:

Correct : B. maps & plans made by the authority of government

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

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

46. 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?

Correct : A. when the witness is staying abroad

47. 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?

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

48. A party wants to set aside a judgement under section 44 of the Indian Evidence Act, 1872. In which of the fol-lowing circumstances can he do so?

Correct : A. in case the judgement was passed by a superior court

49. According to section 61 of the Indian Evidence Act, 1872 –

Correct : D. the contents of documents must be proved either by primary or secondary evidence

50. Definition of secondary evidence has been given under ___ of the Indian Evidence Act, 1872?

Correct : C. section 63

51. 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?

Correct : D. the evidence can be admitted as it satisfies the requirements of both section 64 and section 65 of the indian evidence act, 1872

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

Correct : C. seven

53. Which of the following sections of the Indian Evidence Act, 1872 gives provisions regarding proof as to elec-tronic signatures?

Correct : B. section 67a

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

Correct : A. section 78

55. Which of the following section of the Indian Evidence Act, 1872 has been amended by the Criminal Law (Amendment) Act, 2013?

Correct : C. section 119

56. Which of the following statements hold true for section 154 of the Indian Evidence Act, 1872?

Correct : C. the court can give the leave under this section suo motu

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

Correct : C. if they are of such nature that the truth of the imputations touches the credibility of the witness

58. During the cross examination of the witness as to previ-ous statements made before the police almost all con-tradictions 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?

Correct : 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

59. A person summoned to produce a document

Correct : A. does not become a witness in the case unless he is called as a witness

60. Which of the following statements hold true for exami-nation in chief of a witness?

Correct : B. it must only relate to relevant facts

61. _______ section of the Indian Evidence Act, 1872 was inserted by the Criminal law (Amendment) Act, 2013.

Correct : B. section 53 a

62. An admission is NOT relevant in a civil case if it is-

Correct : C. made under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given

63. Which of the following section of the Indian Evidence Act does not apply to interrogations by a Customs Officer exercising power under Section 171 -A of the Sea Customs Act?

Correct : B. section 132

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

Correct : D. both (a) and (b)

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

Correct : D. all of them

66. An attesting witness is:

Correct : C. both (a) and (b)

67. A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. Applying Section 115,

Correct : C. he must not be allowed to prove his want of title

68. Admissible evidence is thus that which is:

Correct : D. both (a) and (b)

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

Correct : 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)

70. A is tired for a riot and is proved to have marched at the head of a mob. Applying Section 9,

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

71. A, a sculptor, agrees to sell to B, “all my mods.” A has both models and modelling tools. Applying Section 98, Indian Evidence Act:

Correct : C. evidence may be given to show which he meant to sell

72. Entry in the Monzawari Register is admissible under:

Correct : B. section 35, indian evidence act

73. 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:

Correct : D. all of them

74. In which of the following cases did the court held that a party who produces witnesses in court produces them as witnesses of truth; and simply because portions of their statements are not favourable to the party producing them, they cannot be condemned as biased witnesses?

Correct : C. gulabchand ganbhiramal v. kudilal govindram, air 1959 mp 151 : 1961 crlj 55 (fb).

75. In which of the following proceeding of domestic tribu-nals and departmental enquiries, the Indian Evidence Act is not applicable?

Correct : D. all of them

76. Proviso 1 to Section 33, Indian Evidence Act, not only covers cases of privity in estate and succession of title, but also cases where which of the following condition is met?

Correct : D. both (a) and (b)

77. Relevancy of facts forming part of same transaction is dealt under which of the following section of the Indian Evidence Act?

Correct : B. section 6

78. Section 132 of the Indian Evidence Act does not apply to a statement made by a person during an investigation under:

Correct : B. section 161 cr. p.c

79. Section 31, Indian Evidence Act declares:

Correct : D. both (a) and (b)

80. Section 65, Indian Evidence Act with which of the fol-lowing situation under which secondary evidence can be given?

Correct : D. all of them

81. The defence of alibi is best because:

Correct : A. if the accused was not there, when the deceased was murdered, he could not have murdered her

82. An estate called “the Rampur Tea Estate” is sold by a deed which contains a map of the property sold. Applying Section 92, Indian Evidence Act:

Correct : C. the fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed cannot be proved

83. 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 sus-tained the wrong for which he was awarded damages or compensationII. damages are usually assessed on the basis of actual loss suffered and are called general orordinary damagesIII. where the plaintiff has not suffered any real damages by reason of breach of contract, normally,nominal damages are awardedIV. special damages can be awarded for personal incon-veniences or physical dis-comfort caused bythe other party

Correct : D. all of them

84. The history sheet of an accused person, kept in the police station is not a man’s character, as it is based on:

Correct : B. hearsay

85. The principle on which a dying declaration is admitted in evidence is indicated in legal maxim:

Correct : A. nemo moriturus proesumitur mentiri

86. The principles of Section 44, Indian Evidence Act cannot be extended to which of the following?

Correct : A. misrepresentation or undue influence

87. Section 15, Indian Evidence Act deals with a particular application of the general principle laid down in:

Correct : D. section 14, indian evidence act

88. The question is, whether A poisoned B. Applying Section 6, Indian Evidence Act which of the following facts can be relevant?

Correct : B. the state of b’s health before the symptoms ascribed to poison, and habits of b, known to a, which afforded an opportunity for the administration of poison

89. To invoke the doctrine of estoppel which of the follow-ing condition must be satisfied?

Correct : D. all of them

90. What do you understand by admission of execution?

Correct : D. none of them

91. Under Section 82, Indian Evidence Act the Court must presume:

Correct : C. both (a) and (b)

92. What do you understand by libellous character?

Correct : A. constituting or containing a libel