McqMate
These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Bachelor of Science in Law (BSL) , Bachelor of Laws (LLB) , Union Public Service Commission (UPSC) .
| 51. |
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. | can not be made solely the basis of conviction unless the same is corroborated |
| D. | both (a) & (c) are incorrect. |
| Answer» C. can not be made solely the basis of conviction unless the same is corroborated | |
| 52. |
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. |
| Answer» B. section 26 of evidence act | |
| 53. |
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. |
| Answer» C. if made in the presence of a magistrate | |
| 54. |
A 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. |
| Answer» D. all the above. | |
| 55. |
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). |
| Answer» C. both (a) & (b) | |
| 56. |
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. |
| Answer» B. when the person giving information is an accused and is in police custody | |
| 57. |
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). |
| Answer» B. only that portion which distinctly relates to the discovery is admissible | |
| 58. |
Facts discovered in consequences of a joint information |
| A. | are not admissible and can not 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. |
| Answer» A. are not admissible and can not be used against any of the accused person | |
| 59. |
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. |
| Answer» C. under section 30 of evidence act | |
| 60. |
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. |
| Answer» A. if they are tried jointly for the same offences | |
| 61. |
‘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. |
| Answer» B. section 32 of evidence act | |
| 62. |
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. |
| Answer» A. must relate to the cause of his own death | |
| 63. |
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. |
| Answer» C. may or may not be competent to testify | |
| 64. |
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 8: not in civil proceedings. |
| Answer» C. in civil as well as criminal proceedings ‘both | |
| 65. |
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. |
| Answer» A. can form the sole basis of conviction without any corroboration by independent evidence | |
| 66. |
A dying declaration to be admissible |
| A. | must be made before a magistrate |
| B. | must be made before the police officer |
| C. | may be made before a doctor or a private person |
| D. | may be made either before a magistrate or a police officer or a doctor or a private person. |
| Answer» D. may be made either before a magistrate or a police officer or a doctor or a private person. | |
| 67. |
Declaration in course of business are admissible |
| A. | under section 32(1) of evidence act |
| B. | under section 32(2) of evidence act |
| C. | under section 32(4) of evidence act |
| D. | under section 32(7) of evidence act. |
| Answer» B. under section 32(2) of evidence act | |
| 68. |
Declaration as to custom are admissible |
| A. | under section 32(1) of evidence act |
| B. | under section 32(2) of evidence act |
| C. | under section 32(4) of evidence act |
| D. | under section 32(7) of evidence act. |
| Answer» C. under section 32(4) of evidence act | |
| 69. |
Under section 32(4) of Evidence Act, the declaration |
| A. | as to public rights & customs are admissible |
| B. | as to private rights & customs are admissible k |
| C. | as to both public and private rights and customs are admissible v |
| D. | only as to customs are admissible. |
| Answer» A. as to public rights & customs are admissible | |
| 70. |
Opinions of experts are relevant |
| A. | under section 45 of evidence act |
| B. | under section 46 of evidence act |
| C. | under section 47 of evidence act |
| D. | under section 48 of evidence act. |
| Answer» A. under section 45 of evidence act | |
| 71. |
Under section 45 of Evidence Act, the opinion of expert can be for |
| A. | identity of hand writing |
| B. | identity of finger impression |
| C. | both (a) & (b) |
| D. | neither (a) nor (b). |
| Answer» C. both (a) & (b) | |
| 72. |
Under section 45 of Evidence Act the opinion of expert can be on the question of |
| A. | indian law |
| B. | foreign law |
| C. | both (a) 8: (b) |
| D. | only (a) 8: not (b). |
| Answer» B. foreign law | |
| 73. |
Opinion of an ‘ expert under section 45 of Evidence Act |
| A. | is a conclusive proof |
| B. | is not a conclusive proof |
| C. | is supportive 8: corroborative in nature |
| D. | either (a) or (c). |
| Answer» C. is supportive 8: corroborative in nature | |
| 74. |
The res inter alia acta is receivable |
| A. | under section 45 of evidence act |
| B. | under section 46 of evidence act |
| C. | under section 47 of evidence act |
| D. | under section 48 of evidence act. |
| Answer» B. under section 46 of evidence act | |
| 75. |
Entries in the books of accounts regularly kept in the course of business are admissible under section 34 of Evidence Act |
| A. | if they by themselves create a liability |
| B. | if they by themselves do not create a liability |
| C. | irrespective of whether they themselves create a liability or not |
| D. | either (a) or (b). \ |
| Answer» C. irrespective of whether they themselves create a liability or not | |
| 76. |
Facts of which the judicial notice is to be taken are stated in |
| A. | section 56 of evidence act |
| B. | section 57 of evidence act |
| C. | section 58 of evidence act |
| D. | section 55 of evidence act. |
| Answer» B. section 57 of evidence act | |
| 77. |
List of facts of which the judicial notice has to be taken under section 57 of Evidence Act |
| A. | is exhaustive |
| B. | is illustrative only |
| C. | is both (a) & (b) |
| D. | is neither (a) nor (b). |
| Answer» B. is illustrative only | |
| 78. |
Facts which need not be proved by the parties include |
| A. | facts of which judicial notice has to be taken |
| B. | facts which have been admitted by the parties at or before the hearing |
| C. | both (a) & (b) |
| D. | neither (a) nor (b). |
| Answer» C. both (a) & (b) | |
| 79. |
The court may in its discretion call for proving the facts |
| A. | of which judicial notice has to be taken |
| B. | which have been admitted otherwise than such admissions |
| C. | both (a) & (b) |
| D. | neither (a) nor (b). |
| Answer» B. which have been admitted otherwise than such admissions | |
| 80. |
Oral evidence under section 60 of Evidence Act may be |
| A. | direct only |
| B. | hearsay |
| C. | both (a) & (b) |
| D. | either (a) or (b). |
| Answer» A. direct only | |
| 81. |
Contents of a document under section 59 of Evidence Act |
| A. | can be proved by oral evidence |
| B. | can not be proved by oral evidence |
| C. | may or may not be proved by oral evidence |
| D. | can only be proved by oral evidence under the order of the court. |
| Answer» B. can not be proved by oral evidence | |
| 82. |
Contents of a document may be proved under section 61 of Evidence Act |
| A. | by primary evidence |
| B. | by secondary evidence |
| C. | either by primary or by secondary evidence |
| D. | only by primary evidence & not by secondary evidence. |
| Answer» C. either by primary or by secondary evidence | |
| 83. |
Secondary evidence of a document is admissible as a substitute for |
| A. | admissible primary evidence |
| B. | inadmissible primary evidence under certain circumstances |
| C. | inadmissible primary evidence under all the circumstances |
| D. | both (a) & (b) are correct. |
| Answer» A. admissible primary evidence | |
| 84. |
The circumstances under which the secondary evidence is admissible have been enumerated in |
| A. | section 63 of evidence act |
| B. | section 64 of evidence act |
| C. | section 65 of evidence act |
| D. | section 66 of evidence act. |
| Answer» C. section 65 of evidence act | |
| 85. |
Oral account of the contents of a document is admissible |
| A. | when given by a person who has seen & read the document a |
| B. | when given by a person who has seen but not read the document |
| C. | when given by a person to whom the document was read over |
| D. | when given by any of the above. v |
| Answer» A. when given by a person who has seen & read the document a | |
| 86. |
A will is required to be proved by calling at least one attesting witness |
| A. | when it is registered |
| B. | when it is unregistered |
| C. | when it is admitted |
| D. | all of the above. |
| Answer» D. all of the above. | |
| 87. |
Public documents are mentioned in |
| A. | section 72 of evidence act |
| B. | section 73 of evidence act |
| C. | section 74 of evidence act |
| D. | section 75 of evidence act. |
| Answer» C. section 74 of evidence act | |
| 88. |
Documents which are not covered under section 74 of Evidence Act are called |
| A. | semi-public documents |
| B. | quasi-public documents |
| C. | private documents |
| D. | all the above. |
| Answer» C. private documents | |
| 89. |
Maxim ’0mnia proesumuntur rite esse acta’ means |
| A. | all acts are presumed to be rightly done |
| B. | all acts are presumed to be not rightly done |
| C. | all acts are presumed to be wrongly done |
| D. | all acts are presumed to be not wrongly done. |
| Answer» A. all acts are presumed to be rightly done | |
| 90. |
Admissibility of electronic record has been prescribed under |
| A. | section 65 of evidence act |
| B. | section 65a of evidence act |
| C. | section 65b of evidence act |
| D. | section 66 of evidence act. |
| Answer» C. section 65b of evidence act | |
| 91. |
Principle of ’0mnia proesumuntur rite esse acta’ is contained in |
| A. | section 78 of evidence act |
| B. | section 79 of evidence act |
| C. | section 80 of evidence act |
| D. | section 81 of evidence act. |
| Answer» B. section 79 of evidence act | |
| 92. |
Section 79 of Evidence Act applies to |
| A. | certificates issued by a government officer |
| B. | certified copies issued by a government officer |
| C. | other documents duly certified to be 12 genuine. by a government officer |
| D. | all the above. |
| Answer» D. all the above. | |
| 93. |
Section 79 of Evidence Act contains |
| A. | an irrefutable presumption of law |
| B. | a rebuttable presumption of law |
| C. | a presumption of fact |
| D. | no presumption either of fact or law. |
| Answer» B. a rebuttable presumption of law | |
| 94. |
Sections 79 to 85 of Evidence Act contain |
| A. | presumption of facts |
| B. | rebuttable presumptions of law |
| C. | irrebuttable presumption of law |
| D. | irrebuttable presumptions of facts. |
| Answer» B. rebuttable presumptions of law | |
| 95. |
Presumption as to the accuracy of maps 8: plans made by the authority of Government is contained in |
| A. | section 81 of evidence act |
| B. | section 82 of evidence act |
| C. | section 83 of evidence act |
| D. | section 84 of evidence act. |
| Answer» C. section 83 of evidence act | |
| 96. |
Under section 83 of Evidence Act, presumption as to accuracy of maps 8: plans can be raised in respect of |
| A. | maps & plans made by private persons |
| B. | maps & plans made by the authority of government |
| C. | both (a) & (b) above |
| D. | only (a) & not (b). |
| Answer» B. maps & plans made by the authority of government | |
| 97. |
Due execution and authentication of a power of attorney shall be presumed under section 85 of Evidence Act when executed before & authentication by |
| A. | anotary |
| B. | a judge |
| C. | amagistrate |
| D. | all the above. |
| Answer» D. all the above. | |
| 98. |
Due execution of a document more than thirty years old coming from proper custody, IS a |
| A. | presumption of fact |
| B. | rebuttable presumption of law |
| C. | irrebuttable presumption-of law |
| D. | presumption of fact & law both. |
| Answer» A. presumption of fact | |
| 99. |
The presumption under section 90 of Evidence Act can be drawn in respect of |
| A. | original documents |
| B. | certified copies |
| C. | uncertified copies |
| D. | all the above. |
| Answer» A. original documents | |
| 100. |
Section 90 of Evidence Act applies to |
| A. | non-testamentary documents |
| B. | testamentary documents |
| C. | both testamentary and non-testamentary documents |
| D. | none of the above. |
| Answer» C. both testamentary and non-testamentary documents | |
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