Adv Parduman Garg & Gopal Academy

Chandigarh

Test 2 Total Time - 2 hours

Total questions - 120

Instructions
1) Each question for 4 marks
2) Negative marking of 1/3 for every wrong Ans

Law of Evidence (Paper 2)

1. Under the Indian Evidence Act, “Evidence” comprises of –
(a) all documents produced by the parties
(b) all documents produced for the inspection of the Court as well as oral evidence
deposed before any authority
(c) only the statements which the Court permits or requires to be made before it by
witnesses, in relation to matters of fact under inquiry
(d) None of the above
2. Which of the following facts are relevant, where the question is as to the existence of
any right or custom?
(a) any transaction by which the right or custom in question was created, claimed,
modified, recognized, asserted or denied, or which was inconsistent with its existence
(b) particular instances in which the right or custom was claimed, recognized or
exercised, or in which its exercise was disputed, asserted or departed from
(c) Both (a) and (b)
(d) Neither (a) nor (b)
3. Which of the following acts are covered under Section 15 of the Indian Evidence Act?
(a) Facts showing state of mind (b) Accidental acts (c) Intentional Acts (d) Both (b) and
(c)
4. Statements made by persons whose position or liability it is necessary to prove as
against any party to the suit, are admissions –

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(a) if such statements would be relevant as against such persons in relation to such
position or liability in a suit brought by or against them
(b) if they are made whilst the person making them occupies such position or is subject to
such liability
(c) Both (a) and (b)
(d) Neither (a) nor (b)
5. Which of the following is true?
(a) Admissions can be proved by or on behalf of the person who makes them or by his
representative in interest
(b) Oral admissions as to the contents of electronic records are not relevant, unless the
genuineness of the electronic record produced is in question
(c) Statements made by persons to whom a party to whom a party to the suit has
expressly referred for information in reference to a matter in dispute are admissions
(d) All of the above
6. In civil cases, if a person admits liability upon an express condition that evidence of
such admission should not be given -
(a) Such admission would be relevant
(b) Such admission would not be relevant
(c) Such admission will not be allowed to be proved
(d) Both (b) and (c)
7. When a Judgment is admissible as an exception under Sections 40-42, then adverse
party has a right to prove that the same was obtained by
(a) Fraud (b) Collusion (c) Delivered by an incompetent Court (d) All of the above

8. Which of the following is not a leading case on dying declaration?

(a) Khushal Rao vs. Bombay
(b) Moti Singh vs. U.P
(c) R v. Jenkins
(d) Deep Chand v. Rajasthan

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9. Dagdu vs. State of Maharashtra is related with -
(a) Accomplice
(b) Burden of Proof
(c) Res Gestae
(d) Hostile Witness

10. The opinions of experts expressed in any treatise commonly offered for sale, and the
grounds on which such opinions are held, may be proved by the production of such
treatises if
(a) the author is dead
(b) the author cannot be found
(c) the author has become incapable of giving evidence, or cannot be called as a
witness without an amount of delay or expense which the Court regards as unreasonable
(d) Either (a) or (b) or (c)
11. “Evidence obtained by undesirable means is admissible if it is otherwise relevant?
(a) Pushpa Devi M. Jatia v. M.L.Wadhwa
(b) Hurprashad v. Sheo Dayal
(c) Kalpnath Rai v. State if Maharashtra
(d) Rouny v. State of Maharashtra
12. Queen Empress vs Abdullah, ILR 7 All. 385 is related to which of the following
under section 8 of the Indian Evidence Act?
(a) Motive
(b) Preparation
(c) Conduct
(d) None of the above
13. The admission of a party to an attested document of its execution by himself
(a) shall be sufficient proof of its execution as against him, though it be a document
required by law to be attested

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(b) shall be sufficient proof of its execution as against him
(c) shall be sufficient proof of its execution as against other persons related to the
document
(d) None of the above
14. Execution of a document may be proved by other evidence
(a) If the attesting witness denies execution of the document
(b) If the attesting witness does not recollect the execution of the document
(c) Both (a) and (b)
(d) Neither (a) nor (b)
15. An attested document not required by law to be attested may be proved as if it was
(a) attested(b) unattested (c) executed (d) None of the above
16. Certified copies may be produced in proof of the contents of the -
(a) public documents (b) parts of the public documents of which they purport to be
copies (c) private documents (d) Both (a) and (b)
17. Which of the following is a presumption regarding document produced before the
Court as record or Memorandum of Evidence?
(a) That the document produced as evidence is genuine (b) That any statements as to the
circumstances under which the document was taken, purporting to be made by the person
signing it, are true (c) That such evidence, statement or confession was duly taken (d) All
of the above
18. The Presumption relating to Maps or plans purporting to be made by the authority of
the Governments are that -
(a) maps and plans are accurate (b) maps and plans are not accurate (c) maps or plans
made for the purposes of any cause must be proved to be accurate (d) Both (a) and (c)
19. The Court shall presume that every document, called for and not produced after
notice to produce, was -
(a) attested in the manner required by law (b) stamped in the manner required by law. (c)
executed in the manner required by law. (d) All of the above
20. When a person does an act with some intention other than that which the character
and circumstances of the act suggest, the burden of proving that intention is upon -

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(a) the person as per section 106 of the Evidence Act (b) the other party (c) the
prosecution (d) one who has special knowledge about the fact
21. Burden of proving Dying Declaration is –
(a) On the person who relies on the dying declaration or who will benefit from the dying
declaration (b) On accused to prove that the declaration was correct (c) On person to
whom the Dying Declaration was made (d) None of the above
22. Burden of proof implies –
(a) The burden of proving only some facts while excluding others (b) The burden of
introducing evidence at the beginning or at any particular stage of the case (c) Both (a)
and (b) (d) Either (a) or (b)
23. If a person claims to be entitled to preferential treatment in the allotment of plots
under certain rules, the burden of proof as to his entitlement is –
(a) On the authority concerned (b) On the government (c) On the person who is a
beneficiary of the claimant (d) None of the above
24. The presumption drawn by the Court under section 108 of Indian Evidence Act is as
to –
(a) Presumption of death of a person who has not been heard of for 30 years (b)
Presumption as to time of death of person (c) Both (a) and (b) (d) Neither (a) nor (b)
25. Section 114A was introduced in the Indian Evidence Act after widespread protest
against which judgment?
(a) Tukaram vs. State of Maharashtra
(b) Moginbai vs. State of Gujarat
(c) Harpal Singh Case
(d) Pramod Mehto Case
26. Which of the statements is not true with respect to Estoppel?
(a) Estoppel is based on the principle that a man cannot approbate and reprobate at the
same time (b) A recent area of development in the principle of Estoppel is that of
“Equitable Estoppel” (c) The concept of Promissory Estoppel differs from Estoppel
contained in Section 115 in the sense that representation in the latter is to an existing fact,
while the former relates to a representation of future intention. (d) None of the above
27. In which of the following cases, the service of notice to produce a document before
Court cannot be dispensed with?

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(a) When the document purported to be produced is a certified copy of the original (b)
When the adverse party has obtained possession of original by lawful means (c) When
the document is within the reach of Court at some other place (d) All of the above
28. Which of the following are not discretionary powers of the Court with respect to
questions to be asked?
(a) The Court shall decide whether the witness should be compelled to answer the
questions or not (b) The Court may warn the witness that he is not obliged to answer the
questions put to it. (c) The Court, may draw from the witness’s refusal to answer, the
inference that the answer if given would be unfavorable (d) None of the above
29. Which of the following is true with respect to Refreshing of memory of the
witnesses?
(a) A witness may refresh his memory by referring to any writing made by himself (b)
The witness can refer to a writing made by any other person to refresh his memory (c) A
witness may also testify to facts mentioned in any document referred by it for refreshing
his memory (d) All of the above
30. Which of the following is true?
(a) An evidence is relevant even if obtained illegally (b) An evidence is relevant even if
obtained in the course of a search or seizure in violation of the provisions of Cr. PC (c)
Such evidence could be excluded only where the accused had been lured into
incriminating himself by deception after the commission of an offence (d) All of the
above
31. Which of the following is good evidence?
(a) Confession of a co-accused (b) Approver’s evidence (c) Written statement of an
accused person (d) Both (a) and (c)
32. A person is in his room and he hears his servant crying out that A is killing B. When
the person rushes out B is unconscious and A has run away from the scene; but his
servant and others tell him what happened. He would inform the police, who would
investigate, and finally bring A to trial for the murder of B. At the trial, the evidence of
the person who heard the cry would be:-
(a) Relevant fact
(b) Admissible as evidence
(c) Relevant though hearsay
(d) Hearsay evidence

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33. In which of the following case the Court laid down the principles governing the
admissibility of the dying declarations?
(a) Padum Kumar vs. State of Uttar Pradesh (2020) SCC Online SC 32
(b) Purshottam Chopra vs. State (Govt. Of NCT of Delhi) (2020) 11 SCC 489
(c) Parvat Singh vs. State of M.P. (2020) 4 SCC 33
34. Which is true with respect to the evidentiary value of Extra-judicial confession?
(a) Accused can be convicted solely on the basis of extra judicial confession made to a
magistrate (b) Extra judicial confession need no corroboration (c) Extra judicial
confession are a weak piece of evidence and cannot be relied upon completely (d) None
of the above
35. Which of the following is true with respect to the confession made to a police officer?
(a) All statements made to a police officer are not excluded (b) A Confession which is not
made to police officer will be excluded. (c) Confession made before investigation are
admissible as evidence while a confession made after investigation is inadmissible in
evidence (d) All of the above
36. The case of Rajesh Sarkari vs. State of Haryana, decided on 3rd Nov 2020 deals with
-
(a) Principles pertaining to Test Identification Parade
(b) Sole Witness
(c) Circumstantial Evidence’
(d) Dying Declaration

37. Which of the following is NOT true with respect to relevancy of judgments?
(a) As a matter of general principle, the judgment of a previous case is relevant in another
case (b) Exceptions have been provided in Sections 40 to 42 (c) If a judgment is not
relevant under sections 40 to 42, then it will not be relevant under any other provision of
the Evidence Act. (d) All the above
38. Leading questions are – (a) Indicative in nature (b) May always be asked in cross-
examination matter of undisputed or introductory nature or the matter in question has
already been satisfactorily proved (c) Where they are not objected to by the opposite part
or where objected but overruled by the Court (d) All of the above

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39. Which of the following is true with respect to S. 112 of IEA? (a) It applies to proof of
legitimacy of any person born during the continuance of a valid marriage between his
mother and any man(b) The presumption contemplated in section 112 of IEA is a
rebuttable presumption of law. (c) Both (a) and (b) (d) Neither (a) nor (b)
40. S.125 of IEA protects information as to commission of offences of which of the
following:(a) Advocate (b) Receiver (c) Husband and Wife (d) None of the above
41. Which of the following is true? (a) An accomplice shall be a competent witness
against an accused person; (b) An accomplice is not a competent witness against an
accused person (c) A conviction is not illegal merely because it proceeds upon the
uncorroborated testimony of an accomplice. (d) Both (a) and (c)
42. Under the Indian Evidence Act, Witnesses to character may be (a) cross- examined
and re-examined. (b) only cross examined (c) only re-examined (d) None of the above
43. Which of the following is incorrect with respect to conduct under section 8 of Indian
Evidence Act? (a) The conduct must be in reference to the facts in issue or the facts
relevant to them. (b) A conduct is relevant if it influences or is influenced by a fact (c)
Only those statements which accompany and explain acts other than statements can be
regarded as conduct. (d) None of the above
44. ‘Professional Communication’ between Advocate and his client
(a) Is not admissible in evidence (b) Is a privilege communication only until the contract
continues (c) Is admissible in evidence with consent of the client (d) Is not admissible
until it is legal
45. Which of the following is not true about the Estoppel of Tenant and Licensee of
person in possession under Section 116 of the Evidence Act? (a) Estoppel arises as soon
as the relationship of landlord and tenant is created (b) The Estoppel continues during the
continuance of tenancy (c) The Tenant is free to question the title of his landlord after the
expiry of the period of tenancy (d) None of the above
46. Communication between Husband and Wife shall not be permitted to be disclosed
except – (a) upon waiver of privilege by the person so communicating (b) in criminal
proceeding (c) upon proof by third person (d) All of the above
47. Which of the following privileges are not available to judges and Magistrates under
the Indian Evidence Act? (a) No Judge or Magistrate shall, except upon the special order
of some Court to which he is subordinate, be compelled to answer any questions as to
his own conduct in Court as such Judge or Magistrate (b) No Judge or Magistrate shall,
except upon the special order of some Court to which he is subordinate, be compelled
to answer any questions as to anything which came to his knowledge in Court as

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such Judge or Magistrate (c) No Judge or Magistrate may be examined as to other matters
which occurred in his presence whilst he was so acting. (d) None of the above
48. A person summoned to produce a document (a) does not become a witness by the
mere fact that he produces it (b) cannot be cross-examined unless and until he is called as
a witness (c) can be a competent witness and can be cross-examined (d) Both (a) and (b)
49. The order in which witnesses are produced and examined shall be regulated by (a) the
law and practice for the time being relating to civil and criminal procedure respectively
(b) in the absence of any such law, by the discretion of the Court. (c) Both (a) and (b) (d)
Section 135 of the Indian Evidence Act
50.If the relevancy of one alleged fact depends upon another alleged fact being first
proved, the Judge (a) may, in his discretion, permit evidence of the first fact to be
given before the second fact is proved (b) may in his discretion require evidence to be
given of the second fact before evidence is given of the first fact. (c) both (a) and (b) (d)
neither (a) nor (b).
51. Which of the following constitutes “Fact in Issue”?

(a) any fact from which, by itself the existence, non-existence, nature or extent of any
right, liability, or disability, asserted or denied in any suit or proceeding, necessarily
follows.

(b) any fact from which, in connection with other facts, the existence, non-existence,
nature or extent of any right, liability, or disability, asserted or denied in any suit or
proceeding, necessarily follows.

(c) In civil proceedings, the fact to be asserted or denied in the answer to such issue
recorded by the Court is a fact in issue.

(d) All of the above

52. Under the Indian Evidence Act, “Document” means any matter expressed or
described upon -

(a) any substance by means of letters, figures and marks or by more than one of those
means as may be used for recording that matter
(b) the substance must be in writing only
(c) any substance by means of letters, figures and marks as may be used for recording
that matter
(d) None of the above

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53. Which of the following case deals with evidentiary value of an expert evidence?

(a) Maharaja Agrasen Hospital vs. Rishabh Sharma (2020) 6 SCC 501
(b) State of Uttarakhand vs. Darshan Singh, (2020) 12 SCC 605
(c) Nagar Parishad Ratnagiri vs. Gangaram Narayan Ambedkar (2020) 7 SCC 275
(d) Gurjit Singh vs. State of Punjab

54. A, the captain of a ship, is tried for casting her away. Evidence is given to show that
the ship was taken out of her proper course. A produces a book kept by him in the
ordinary course of his business showing observations alleged to have been taken by
him from day to day, and indicating that the ship was not taken out of her proper
course. In this case -

(a) A may prove these statements, because they would be admissible between third
parties, if he were dead, under section 32, clause (2).
(b) A may not prove these statements in any case
(c) A may be permitted to prove these statements under Section 33
(d) None of the above

55. The information received from the accused in police custody under Section 27 –

(a) must amount to a confession

(b) need not amount to a confession
(c) must be distinctly related to a fact thereby discovered
(d) All of the above

56. Which of the following is NOT true about the evidentiary value of admissions?

(a)Admissions are not conclusive proof of the matters admitted but they may operate as
estoppels.
(b) Admissions are conclusive proof of the matters admitted
(c) Admissions operate as estoppels
(d) None of the above

57. Statements made by a person as to the cause of his death, or as to any of the
circumstances of the transaction which resulted in his death, are relevant –

(a)whether the person who made them was or was not, at the time when they were
made, under expectation of death
(b) in any proceeding in which the cause of his death comes into question or is made in
course of business

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(c) Both (a) and (b)
(d) Neither (a) nor (b)

58. In case of expert opinion, facts, not otherwise relevant, are relevant if -

(a) they support the opinion of the experts when such opinions are relevant
(b) are inconsistent with the opinions of experts when such opinions are relevant
(c) Both (a) and (b)
(d) Neither (a) nor (b)

59. Which of the following is true?

(a) When the Court has to form an opinion as to the relationship of one person to
another, the opinion, expressed by conduct, as to the existence of such
relationship, of any person who, as a member of the family or otherwise, has
special means of knowledge on the subject, is not a relevant fact
(b) Such opinion shall be sufficient to prove a marriage in proceedings under the Indian
Divorce Act (4 of 1869).
(c) Both (a) and (b)
(d) Neither (a) nor (b)

60. Whose opinion is relevant under Section 51 of the Indian Evidence Act?

(a) any living person

(b) an expert
(c) member of the family
(d)None of the above

61. The contents of electronic records may be proved in accordance with the provisions
of

(a) Section 65B.

(b) Section 65A.
(c) Section 85B.
(d) Section 87B.

62. Which of the following is true about comparison of signature?

(a) Under Section 73, the Court may direct any person present in Court to write any
words or figures for the purpose of enabling the Court to compare the words or figures so
written with any words or figures alleged to have been written by such person.
(b) The provision is not applicable to finger-impressions.
(c) Both (a) and (b)

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(d) Neither (a) nor (b)

63. Certified Copies of Public Document may be obtained –

(a) only if the person has the right to inspect the public document
(b) from the public officer upon payment of a fee
(c) together with a certificate dated and subscribed by the officer
(d) All of the above

64. The proceedings of a municipal body in a State may be proved by –

(a) a copy of such proceedings, certified by the legal keeper thereof

(b)a printed book purporting to be published by the authority of such body
(c) Either (a) or (b)
(d) Neither (a) nor (b)

65. Which of the following is true with respect to Presumption as to Electronic Records
and Electronic Signatures?

(1) In any proceedings involving a secure electronic record, the Court shall presume
unless contrary is proved that the secure electronic record has not been altered since the
specific point of time to which the secured status relates.
(2) In any proceedings involving secure electronic signature, the Court shall presume,
unless the contrary is proved that the secure electronic signature is affixed by subscriber
with the intention of signing or approving the electronic record;
(b) Except in the case of a secure electronic record or a secure electronic signature, no
presumption shall be created relating to authenticity and integrity of all electronic record
or any electronic signature
(d) All of the above

66. Where any document, purporting or proved to be thirty years old, is produced from
any custody which the Court in the particular case considers proper, the Court may
presume that

(a) the signature and every other part of such document, which purports to be in the
handwriting of any particular person, is in that person's handwriting
(b) in the case of a document executed or attested, that it was duly executed and
attested by the persons by whom it purports to be executed andattested.
(c) Both (a) and (b)
(d) Neither (a) nor (b)

67. Which of the following is true?

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(a) A hires lodgings of B, and gives B a card on which is written--"Rooms, Rs. 200 a
month." A may not prove a verbal agreement that these terms were to include partial
board.
(b)A hires lodgings of B for a year and a regularly stamped agreement, drawn up by an
attorney, is made between them. It is silent on the subject of board. A may prove that
board was included in the term verbally.
(c) Both (a) and (b)
(d) Neither (a) nor (b)

68. ‘A’ prosecutes ‘B’ for stealing a cow from him. ‘B’ is convicted. ‘A’ afterwards sues
‘C’ for the cow which B had sold to him before his conviction. The judgment against B
is:
a. Relevant as between A & C.
b. Irrelevant as between A & C
c. Is without jurisdiction
d. Is conclusive proof against C

69. A witness was asked whether he was not dismissed from a post for dishonesty. He
denies it.
The evidence is offered to show that he was dismissed for dishonesty-
a. The evidence is admissible if it comes from plaintiff side
b. The evidence is admissible if it comes from defendant side
c. The evidence is admissible
d. The evidence is inadmissible

70. When a party refuses to produce a document which he had noticed to produce-
a. He cannot use the document as evidence without the consent of opposite party or
the order of the court.
b. Objection of opposite party is worthless
c. Order of court not necessary
d. Document will be deemed to be an admitted document
71. Which one of the following is primary evidence?
a. Copies made from the original
b. Document produced for the inspection of the court
c. Certified copies of a document
d. Photostat copies of a document

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72. Under which of the following Sections of the Indian Evidence Act, the evidence of a
dumb witness is taken into consideration?
a. Section 116
b. Section 117
c. Section 118
d. Section 119

73. A, a sculptor, agrees to sell to B “all my mods”. A has both models and tools.
Whether evidenced can be adduced to show his intention:
a. Yes
b. No
c. Inference should be drawn to see the agreement
d. Oral evidence is not admissible

74. Which one of the following is not essential condition for admissibility of dying
declaration?
a. Death of the person making dying declaration
b. Statement must be as to the cause of his death
c. Person making statement was under expectation of death at the time he made the
statement.
d. Statement is as to any of the circumstances of the transaction which resulted into
his death.

75. Under Proviso of Section 146(3) of the Evidence Act, in a prosecution for rape in her
cross-examination, the prosecutrix-
a. Can be question as to her general immoral character
b. With the permission of the Court can be put questions as to her general immoral
character

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 c. Cannot be questioned as to her general immoral character
d. Cannot be put question as to her rape

76. Unless non-access is proved, the presumption as to legitimacy of any child born
during the continuance of a valid marriage between his mother and any man is
a. Rebuttable presumption of law
b. Presumption of fact
c. Mixed presumption of law and fact
d. Irrebuttable presumption of law

77. 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. Comparison of the two, admitted and disputed documents
d. All of the above

78. Which of the following Section was not inserted in the Indian Evidence Act, 1872 by
the Information Technology Act, 2002?
a. Section- 81A
b. Section- 114 A
c. Section- 73 A
d. Section- 47A

79. ‘A’ wishes to prove dying declaration by ‘B’, ‘A’ must prove B’s death. Which
section of the Indian Evidence Act provides so?
a. Section 32(1)
b. Section 103
c. Section 104

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 d. Section 105

80. The question between ‘A’ and ‘B’ is, whether a certain deed is or is not forged. ‘A’
affirms that it is genuine, ‘B’ that it is forged.
a. ‘A’ may prove a statement by ‘B’ that the deed is genuine, and ‘B’ may prove a
statement by ‘A’ that the deed is forged.
b. ‘A’ may prove a statement by ‘B’ that the deed is forged, and ‘B’ may prove a
statement by ‘A’ that the deed is genuine.
c. ‘A’ may prove a statement by himself that the deed is genuine.
d. ‘B’ may prove a statement by himself that the deed is forged.

81. Which of the following case deals with requirement of certificate under section
65(B) (4) of the Evidence Act?

(a) Maharaja Agrasen Hospital vs. Rishabh Sharma (2020) 6 SCC 501
(b) State of Uttarakhand vs. Darshan Singh, (2020) 12 SCC 605
(c) Nagar Parishad Ratnagiri vs. Gangaram Narayan Ambedkar (2020) 7 SCC 275
(d) Arjun Panditrao Khotkar vs. Kailash Kushanrao (2020) 16 SCC 401

82. Mark the incorrect statement:

a. The terms ‘relevancy’ and ‘admissibility’ and co-extensive and inter-changeable.
b. That evidence must be relevant in order to be admissible.
c. That facts which are relevant may not be admissible.
d. That ‘relevancy’ is the genus of which ‘admissibility’ is a species.

83. To be admissible, a dying declaration:

a. Must be made before a Magistrate.
b. Must be made before a Police Officer.
c. Must be made before a Doctor.
d. Must be made to any person, a doctor, a magistrate, friend or a near relative.

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84. The opinion of experts is not relevant:
a. On a point of Indian law.
b. On a point of foreign law.
c. On matters of science.
d. On handwriting or finder impressions.

85. For which of the following documents oral evidence cannot be given to remove any
ambiguity?
a. Documents in reference to existing fact.
b. Documents which need attestation by attesting witnesses.
c. Documents containing illegible characters, provincial or local expressions.
d. A ‘will’ to which the Indian Succession Act, 1925 applies.

86. Which one of the following statements is correct?

The protection of professional communication as provided under Indian Evidence
Act, 1872, in section 126 to 129 is available only
a. For engaging an advocate to plead his case.
b. For disclosing communication to advocate or his colleagues
c. Before commission of the offence or illegal acts.
d. After commission of the crime or illegal acts.

87. Which one of the following statements is correct?

A “Dying Declaration” made under section 32 of the Indian Evidence Act, 1872 is
subject to the control of
a. Section 164 of the Code of Criminal Procedure 1973.
b. Section 161 and 162 of the Code of Criminal Procedure, 1973.
c. Section 52 and 54 of the Indian Evidence Act, 1872.
d. Section 158 of the Indian Evidence Act, 1872.

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88. Which one of the following statements is correct?
A struck B on the neck with a knife and this was seen by C who exclaimed, “A is
killing B”. C’s exclamation is
a. Relevant because it was spontaneous.
b. Relevant because it forms part of the transaction.
c. Relevant because it is relatable to the transaction
d. Relevant because it is a fact in issue.

89. Which of the following pairs is not correctly matched?

a. Admission by persons having and proprietary interest Section 18 of the Indian
Evidence Act.
b. Confession made after removal of impression caused by inducement--- Section
28 of the Indian Evidence Act.
c. Admission by persons expressly referred to by party to suit Section 21 of the
Indian Evidence Act.
d. Confession of an accused in police custody Section 26 of the Indian Evidence
Act.

90. Consider the following statements:

1. Presumption as to documents thirty-years old is mandatory.
2. A child is not competent to testify.
3. Doctrine of promissory estoppel is applicable against the government
4. Privilege granted to lawyers under Section 126 aims at the protection of
lawyers.

Which of the statements given above is/are correct?

a. 1 and 2
b. 2, 3 and 4
c. 4 only
d. 3 only

91. A is indicted for the murder of B. C says that B when dying, declared that A had
given B the wound of which B died. Evidence is offered to show that, on a
previous occasion, C said that the wound was not given by A.
Which one of the following is correct? The evidence is
a. Prohibited under section 52 of the Indian Evidence Act.
b. Admissible under section 154 of the Indian Evidence Act.

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 c. Admissible under section 153 of the Indian Evidence Act.
d. Admissible under section 155 of the Indian Evidence Act.

92. Consider the following statements:

The Indian Evidence Act is applicable to
1. The proceedings under chapter IX of Cr.P.C.
2. Court martial under Army Act.
3. Affidavits presented to any court.
4. An execution proceeding.

Which of the statements given above are correct?

a. 1, 2 and 3.
b. 2 and 4.
c. 2 and 3.
d. 1 and 4.

93. Which one of the following does not fall within the meaning of the term ‘Court’
used under Indian Evidence Act, 1872?
a. Revenue Tribunal.
b. Industrial Tribunal.
c. Registrar’s Court.
d. Enquiry Commission, Legal Advisor and Excise Officer.

94. Which of the following statements is correct?

a. A dying declaration recorded by a Magistrate not empowered under section
164 Cr.P.C. cannot be proved by the oral evidence of the Magistrate.
b. The credit of the declarant cannot be impeached
c. A dying declaration is substantive evidence.
d. If the declarant is not examined although alive, his declaration is admissible.

95. Which one of the following is protected from disclosure in a court of law?
a. A, a client, says to B, an attorney “I have committed forgery and I wish you to
defend me”.
b. A, a client, says to B, an attorney “I wish to obtain possession of property by
the use of a forged deed on which I request you to sue”
c. A, being charged with embezzlement retains B, an attorney to defend him. In
the course of the proceedings, B observes that an entry has been made in A’s
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 account book charging A with the sum said to have been embezzled which
entry was not in the book at the commencement of his employment.
d. A, a client says to his attorney B, “I want to murder my enemy C. Please
advice me how I may be able to murder C”

96. “An accomplice shall be a competent witness against an accused person and a
conviction is not illegal merely because it proceeds upon the uncorroborated
testimony of an accomplice.”
Which of the following sections of the Indian Evidence Act enunciates the
aforesaid principle?
a. Section 131.
b. Section 132.
c. Section 133.
d. Section 134.

97. In which of the following circumstances are there no reasonable grounds for
putting the question to the witness?
a. A, a barrister, is told by a solicitor that an important witness is a dacoit. The
barrister asks the question “Are you a dacoit?”
b. An advocate is informed by a person in court that an important witness is a
dacoit. The informant on being questioned by the advocate gives satisfactory
reasons for his statement. The advocate asks this question, “Are you a dacoit?”
c. A witness of whom nothing whatever is known is asked at random whether he
is a dacoit.
d. A witness of whom nothing whatever is known on being questioned as to his
mode of life and means of living gives unsatisfactory answers. The witness is
asked, “Are you a dacoit?”

98. Which of the following statements is correct?

a. Leading questions may be freely asked in examination-in-chief of a witness.
b. Leading questions may be freely asked in cross-examination.
c. Leading questions may be freely asked in re-examination.
d. Leading questions may not be put to a witness of tender years.

99. Which of the following pieces of evidence is not relevant under the Indian
Evidence Act?

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 a. A is tried for the murder of B. Evidence is given that A murdered C, that B
knew that A had murdered C and that B had tried to extort money from A by
threatening to make his knowledge public.
b. A sues B upon a bond for the repayment of money. B denies the making of the
bond. Evidence is given that B required money at the time of the bond.
c. A customs officer gives evidence that the accused B made a confession of his
crime to him.
d. A is tried for the murder of B by poison. Evidence is given that before the
death of B, A procured poison similar to that which was administered to B.

100. Which of the following pieces of evidence is not relevant under the Indian
Evidence Act?
a. A is accused of fraudulently delivering to another person a counterfeit coin
which he knew to be counterfeit. Evidence is given that he was also in
possession of other counterfeit coins.
b. A sues B for damage done by B’s dog which he knew to be ferocious.
Evidence is given that the dog and previously bitten X, Y and Z and that they
had made complaints to B.
c. A is charged with shooting at B with intent to kill him. Evidence is given that
A had previously shot at B.
d. A is tried for the murder of B by intentionally shooting him dead. Evidence is
given that A was in the habit of shooting at people with intent to murder them.

101. The Indian Evidence Act applies to –

1. All judicial proceedings before any Court
2. Indian Court Martial but not to European Court Martial
3. Arbitrators empowered to pass an award under the Arbitration and Conciliation
Act, 1996
4. Affidavits presented to any Court or officer

(a) 1,2, 3 & 4

(b) 1&2
(c) 1&3
(d) 1&4

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102. The law of evidence is _________ and it is also called ______________.
(a) Procedural law, Lex Loci
(b) Adjective law, Lex Fori
(c) Procedural Law, Lex Talioais
(d) Adjective law, Lex Loci solectioais
103. Under the Indian Evidence Act, which of the following is correct?
(1) ‘Fact is mother’ and ‘Fact in issue’ is child.
(2) ‘Fact in Issue’ is also known as ‘Factum Probandum’ (that which is to be proved)
(3) Words printed, lithographed or photographed are documents
(4) A relevant fact is also known as ‘Factum probans’ (a fact that proves)
(a) All are correct
(b) 2, 3 & 4 are correct
(c) 1 & 3 are correct
(d) 2 & 3 are correct
104. ‘Document’ as defined in section 3 of the Indian Evidence Act includes:-
(1) A written document
(2) Plain paper
(3) Musical note
(4) Banner with an inscription
(a) 1 & 4 (b) All the above
(c) 1, 3 & 4 (d) 1 & 4
105. Consider the following statements regarding the Indian Evidence Act, 1872.
(1) There are total 165 sections
(2) The Act is divided into 3 parts
(3) There are 11 chapters in total
Which of the following are correct?
(a) 1, 2 & 3 (b) 1 & 2

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 (c) 2 & 3 (d) All the above
106. Conclusive proof under the Indian Evidence Act implies-
(a) that the proof is conclusive
(b) that the Court shall, on proof of one fact, regard the other as proved
(c) that the Court shall, on the proof of the one fact, regard the other as proved and not
allow further evidence to disprove it.
(d) None of the above
107. Fact in Issue is –
(a) disputed fact
(b) alleged fact
(c) factum probans
(d) relevant fact
108. Which of the following is an instance of a rebuttable presumption of law?
(a) Nothing is an offence which is done by a child under seven years of age
(b) Burden of proving that case of accused comes within exceptions
(c) Presumptions as to documents thirty years old
(d) None of the above
109. Evidence can be given of:-
(a) existence of a fact in issue or relevant fact
(b) non existence of an issue of fact or relevant fact
(c) non existence of a fact in issue or relevant fact
(d) both (a) and (c)
110. ‘Affidavits’ are specially excluded by the Indian Evidence Act, because:-
(a) They are sworn statements
(b) All the statements in it are based on knowledge only
(c) There may be statements in it based on information and belief
(d) None of the above

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111. Confessions by co-accused may be given due consideration-
(a) if both are tried jointly
(b) if they are tried for the same offence
(c) if the confession is legally proved
(d) all the above
112. Which of the following is not true about Relevancy and Admissibility of evidence
under Indian Evidence Act?
(a) Relevancy and admissibility are co-extensive and interchangeable terms.
(b) Relevant means that which is logical probative while admissibility is not based on
logic but on law and strict rules.
(c) In the Indian Evidence Act, the question of relevancy has been dealt with under
sections 6 to 55 and that of admissibility from section 56 onwards.
(d) The facts that are allowed to be proved are called relevant facts while the
admissibility is the means and the method of proving the relevant facts.
113. Which is the main principle that underlies the law of evidence?
(a) Evidence must be confined to relevant fact
(b) Hearsay evidence must not be discarded by the Court at all times
(c) Circumstantial evidence must be admitted at all times.
(d) The best evidence must be given in all cases
114.Which of the following do not form part of Res Gestate?
(a) The act of the assailant intruding into the courtyard at the dead of night
(b) the victim’s identification of the assailant
(c) her statement that the appellant was standing with a gun and that he fired at her
(d) none of the above
115. In which of the following cases, it was held that contemporaneous dialogue formed
part of res gestate and is relevant and admissible under section 6 of the Indian Evidence
Act?
(a) Yusufalli v. State of Maharashtra
(b) R.M. Malkani vs. State of Maharashtra

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 (c) Mahabir Prasad v. Surinder
(d) None of the above
116. Doctrine of Res Gestate is applicable to –
(a) Criminal proceedings
(b) Civil as well as criminal proceedings
(c) Civil proceedings
(d) None of the above
117. In which of the following cases, it was held that the words so spoken should be de
recenti and not after an interval, in order to constitute Res Gestate –
(a) R vs. Christie
(b) R vs. Foster
(c) R vs. Bedingfield
(d) None of the above
118. Which of the following are methods of proving handwriting?
(a) By calling the person who wrote the document – Section 67
(b) By handwriting expert – Section 45
(c) By any previous admission by the person who had written it – Section 21
(d) All the above
119. Witness can refresh his memory
(a) from contemporaneous notes made by him (under section 159 of IEA)
(b) from records kept by him as part of his duty (Section 34-35)
(c) both (a) and (b)
(d) None of the above
120. The central idea of R vs. Bedingfield is –
(a) Spontaneity and Contemporeity are factors of Res Gestate
(b) The words spoken must be de recent
(c) It overruled the decision of R vs. Christie

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(d) Contemporaneous dialogue formed part of Res Gestate

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