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) .
| 251. |
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? |
| A. | the evidence cannot be admitted due to applicability of section 30 of the indian evidence act |
| B. | the evidence cannot be admitted because it fails to satisfy the requirements of section 64 of the indian evidence act, 1872 |
| C. | the evidence cannot be admitted because it fails to satisfy the requirements of section 65 of the indian evidence act, 1872 |
| D. | the evidence can be admitted as it satisfies the requirements of both section 64 and section 65 of the indian evidence act, 1872 |
| Answer» D. the evidence can be admitted as it satisfies the requirements of both section 64 and section 65 of the indian evidence act, 1872 | |
| 252. |
According to section 65 of the Indian Evidence Act, 1872 the secondary evidence can be admitted in ____ exceptional cases. |
| A. | three |
| B. | five |
| C. | seven |
| D. | nine |
| Answer» C. seven | |
| 253. |
Which of the following sections of the Indian Evidence Act, 1872 gives provisions regarding proof as to elec-tronic signatures? |
| A. | section 67 |
| B. | section 67a |
| C. | section 67b |
| D. | section 67c |
| Answer» B. section 67a | |
| 254. |
Which of the following section of the Indian Evidence Act deals with proof of other official documents? |
| A. | section 78 |
| B. | section 82 |
| C. | section 71 |
| D. | section 74 |
| Answer» A. section 78 | |
| 255. |
Which of the following section of the Indian Evidence Act, 1872 has been amended by the Criminal Law (Amendment) Act, 2013? |
| A. | section 32 |
| B. | section 55 |
| C. | section 119 |
| D. | section 124 |
| Answer» C. section 119 | |
| 256. |
Which of the following statements hold true for section 154 of the Indian Evidence Act, 1872? |
| A. | the court is bound to give leave if the requirements are met |
| B. | the witness must be declared hostile before making a plea under this section |
| C. | the court can give the leave under this section suo motu |
| D. | all of these |
| Answer» C. the court can give the leave under this section suo motu | |
| 257. |
Which of the following questions is proper under section 148 of the Indian Evidence Act, 1872? |
| A. | if the imputation refers to matters remote in time |
| B. | if the imputation refers to such matters that its truth does not affect the credibility of the witness |
| C. | if they are of such nature that the truth of the imputations touches the credibility of the witness |
| D. | if there is great disproportion between the importance of the imputation and the importance of the evidence |
| Answer» C. if they are of such nature that the truth of the imputations touches the credibility of the witness | |
| 258. |
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? |
| A. | the credibility of the witness has been impeached under section 148 of the indian evidence act, 1872 |
| B. | the credibility of the witness has been impeached under section 145 of the indian evidence act, 1872 |
| 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 |
| D. | the credibility of the witness has not been impeached because the protection under section 154 of the indian evidence act, 1872 will apply |
| Answer» 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 | |
| 259. |
A person summoned to produce a document |
| A. | does not become a witness in the case unless he is called as a witness |
| B. | automatically becomes a witness in the case |
| C. | automatically becomes an hostile witness in the case |
| D. | can be cross examined without being called as a witness |
| Answer» A. does not become a witness in the case unless he is called as a witness | |
| 260. |
Which of the following statements hold true for exami-nation in chief of a witness? |
| A. | the leading questions can be used |
| B. | it must only relate to relevant facts |
| C. | it must only relate to the fact in question |
| D. | all of these |
| Answer» B. it must only relate to relevant facts | |
| 261. |
_______ section of the Indian Evidence Act, 1872 was inserted by the Criminal law (Amendment) Act, 2013. |
| A. | section 53 |
| B. | section 53 a |
| C. | section 119 |
| D. | section 119a |
| Answer» B. section 53 a | |
| 262. |
An admission is NOT relevant in a civil case if it is- |
| A. | relevant otherwise than as an admission |
| B. | proceeding from a person in authority |
| C. | made under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given |
| D. | made by a pleader, attorney or a vakil |
| Answer» C. made under circumstances from which the court can infer that the parties agreed together that evidence of it should not be given | |
| 263. |
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? |
| A. | section 131 |
| B. | section 132 |
| C. | section 133 |
| D. | section 134 |
| Answer» B. section 132 | |
| 264. |
Which of the following section prescribe the method by which signature can be proved? |
| A. | section 45, indian evidence act |
| B. | section 46, indian evidence act |
| C. | section 47, indian evidence act |
| D. | both (a) and (b) |
| Answer» D. both (a) and (b) | |
| 265. |
Which of the following is true of the effects of admissions? |
| A. | an admission constitutes a substantive piece of evidence in the case and, for that reason, can be relied upon for proving the truth of the facts incorporated therein |
| B. | an admission has the effect of shifting the onus of proving to the contrary on the party against whom it is produced, with the result that it casts an imperative duty on such party to explain it. in the absence of a satisfactory explanation, it is presumed to true |
| C. | an admission, in order to be competent and to have the value and effect referred to above should be clear, certain and definite, and not ambiguous, vague to be true |
| D. | all of them |
| Answer» D. all of them | |
| 266. |
An attesting witness is: |
| A. | one who signs his name to an instrument, at the request of the party or parties, for the purposes of proving or identifying it |
| B. | a witness who has attested the document |
| C. | both (a) and (b) |
| D. | none of them |
| Answer» C. both (a) and (b) | |
| 267. |
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, |
| A. | he must be allowed to prove his want of title |
| B. | he may be allowed to prove his want of title |
| C. | he must not be allowed to prove his want of title |
| D. | none of them |
| Answer» C. he must not be allowed to prove his want of title | |
| 268. |
Admissible evidence is thus that which is: |
| A. | relevant |
| B. | not excluded by any rule of law or practice |
| C. | either (a) or (b) |
| D. | both (a) and (b) |
| Answer» D. both (a) and (b) | |
| 269. |
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? |
| A. | the statement in the date of the letter is admissible, because, if a were dead, it would be admissible under section 27, clauses (2) |
| B. | the statement in the date of the letter is admissible, because, if a were dead, it would be admissible under section 29, clauses (2) |
| 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) |
| D. | the statement in the date of the letter is admissible, because, if a were dead, it would be admissible under section 34, clauses (2) |
| Answer» 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) | |
| 270. |
A is tired for a riot and is proved to have marched at the head of a mob. Applying Section 9, |
| A. | the cries of the mob are irrelevant as it does not explain the nature of the transaction |
| B. | the cries of the mob are relevant as explanatory of the nature of the transaction |
| C. | either (a) or (b) |
| D. | none of them |
| Answer» B. the cries of the mob are relevant as explanatory of the nature of the transaction | |
| 271. |
A, a sculptor, agrees to sell to B, “all my mods.” A has both models and modelling tools. Applying Section 98, Indian Evidence Act: |
| A. | evidence cannot be given to show which he meant to sell |
| B. | evidence needed not be given to show which he meant to sell |
| C. | evidence may be given to show which he meant to sell |
| D. | none of them |
| Answer» C. evidence may be given to show which he meant to sell | |
| 272. |
Entry in the Monzawari Register is admissible under: |
| A. | section 32, indian evidence act |
| B. | section 35, indian evidence act |
| C. | section 37, indian evidence act |
| D. | section 39, indian evidence act |
| Answer» B. section 35, indian evidence act | |
| 273. |
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: |
| A. | bore a bad reputation in the community |
| B. | has a disposition to commit crime of that kind |
| C. | had no other occasions committed particular acts of the same class evincing such disposition |
| D. | all of them |
| Answer» D. all of them | |
| 274. |
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? |
| A. | gyasuddin khan v. state of bihar, air 2004 sc 201, para 12 : 2004 crlj 395 |
| B. | lekhraj v. state of gujarat, air 1998 sc 242 : 1998 crlj 396. |
| C. | gulabchand ganbhiramal v. kudilal govindram, air 1959 mp 151 : 1961 crlj 55 (fb). |
| D. | siddiqua v. narcotics control bureau, 2007 crlj 1471, 1480 (para 17) (del). |
| Answer» C. gulabchand ganbhiramal v. kudilal govindram, air 1959 mp 151 : 1961 crlj 55 (fb). | |
| 275. |
In which of the following proceeding of domestic tribu-nals and departmental enquiries, the Indian Evidence Act is not applicable? |
| A. | officers conducting departmental inquiries |
| B. | departmental proceedings |
| C. | disciplinary proceedings tribunal |
| D. | all of them |
| Answer» D. all of them | |
| 276. |
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? |
| A. | the interest of the relevant party in the second proceeding is the subject matter of the first proceeding and is consistent with and not antagonistic to the interest therein of the relevant party to the first proceeding |
| B. | the interest of both in the answer to be given to the particular question in issue in the first proceeding is identical |
| C. | either (a) or (b) |
| D. | both (a) and (b) |
| Answer» D. both (a) and (b) | |
| 277. |
Relevancy of facts forming part of same transaction is dealt under which of the following section of the Indian Evidence Act? |
| A. | section 4 |
| B. | section 6 |
| C. | section 10 |
| D. | section 8 |
| Answer» B. section 6 | |
| 278. |
Section 132 of the Indian Evidence Act does not apply to a statement made by a person during an investigation under: |
| A. | section 159 cr. p.c |
| B. | section 161 cr. p.c |
| C. | section 163 cr. p.c |
| D. | section 166 cr. p.c |
| Answer» B. section 161 cr. p.c | |
| 279. |
Section 31, Indian Evidence Act declares: |
| A. | that admissions are not conclusive proof of the matters admitted, but they may operate as estoppels |
| B. | unless admissions are contractual or unless they constitute estoppels they are not conclusive, but are open rebuttal or explanation. |
| C. | either (a) or (b) |
| D. | both (a) and (b) |
| Answer» D. both (a) and (b) | |
| 280. |
Section 65, Indian Evidence Act with which of the fol-lowing situation under which secondary evidence can be given? |
| A. | when the original is shown or appears to be in possession and power of the person against whom the document is sought to be proved |
| B. | when it is in possession or power of any person who is out of reach, or not subject to the process of the court |
| C. | when it is in the possession of any person legally bound to produce it, but he fails to produce it after the notice mentioned in section 66, indian evidence act is given to him |
| D. | all of them |
| Answer» D. all of them | |
| 281. |
The defence of alibi is best because: |
| A. | if the accused was not there, when the deceased was murdered, he could not have murdered her |
| B. | once the pleas of alibi is raised no other defence is open to the prosecution |
| C. | it leaves room for no other defence for the accused |
| D. | none of them |
| Answer» A. if the accused was not there, when the deceased was murdered, he could not have murdered her | |
| 282. |
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: |
| A. | 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 need not be proved |
| B. | 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 is irrelevant |
| 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 |
| D. | none of them |
| Answer» 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 | |
| 283. |
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 |
| A. | i, iii and iv |
| B. | ii, iii and iv |
| C. | i, ii and iv |
| D. | all of them |
| Answer» D. all of them | |
| 284. |
The history sheet of an accused person, kept in the police station is not a man’s character, as it is based on: |
| A. | conviction |
| B. | hearsay |
| C. | investigation |
| D. | none of them |
| Answer» B. hearsay | |
| 285. |
The principle on which a dying declaration is admitted in evidence is indicated in legal maxim: |
| A. | nemo moriturus proesumitur mentiri |
| B. | lex fori |
| C. | res judica |
| D. | none of them |
| Answer» A. nemo moriturus proesumitur mentiri | |
| 286. |
The principles of Section 44, Indian Evidence Act cannot be extended to which of the following? |
| A. | misrepresentation or undue influence |
| B. | fraud |
| C. | collision |
| D. | all of them |
| Answer» A. misrepresentation or undue influence | |
| 287. |
Section 15, Indian Evidence Act deals with a particular application of the general principle laid down in: |
| A. | section 7, indian evidence act |
| B. | section 10, indian evidence act |
| C. | section 12, indian evidence act |
| D. | section 14, indian evidence act |
| Answer» D. section 14, indian evidence act | |
| 288. |
The question is, whether A poisoned B. Applying Section 6, Indian Evidence Act which of the following facts can be relevant? |
| A. | marks on the ground produced by a struggle at or near the place where the murder was committed |
| 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 |
| C. | the facts that shortly before the poisoning, b went to a fair with money in possession, and that he showed it or mentioned the fact that he had it, to third persons |
| D. | none of them |
| Answer» 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 | |
| 289. |
To invoke the doctrine of estoppel which of the follow-ing condition must be satisfied? |
| A. | representation by a person to another |
| B. | the other shall have acted upon the said representation |
| C. | such person shall have been detrimental to the interest of the person to whom the representation has been made |
| D. | all of them |
| Answer» D. all of them | |
| 290. |
What do you understand by admission of execution? |
| A. | it means only admission of signature |
| B. | it means only valid attestation of the signature by two witnesses as required by law |
| C. | both (a) and (b) |
| D. | none of them |
| Answer» D. none of them | |
| 291. |
Under Section 82, Indian Evidence Act the Court must presume: |
| A. | that the seal or stamp or signature is genuine |
| B. | that the person signing the document held, at the time when he signed, the judicial or officialcharacter he claims |
| C. | both (a) and (b) |
| D. | none of them |
| Answer» C. both (a) and (b) | |
| 292. |
What do you understand by libellous character? |
| A. | constituting or containing a libel |
| B. | constituting or containing a praise |
| C. | constituting or containing a commendation |
| D. | none of them |
| Answer» A. constituting or containing a libel | |
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