290+ Indian Evidence Act Solved MCQs

1.

Indian Evidence Act was drafted by

A. lord macaulay
B. sir james f. stephen
C. huxley
D. sir henry summer maine.
Answer» B. sir james f. stephen
2.

The law of evidence consists of

A. ordinary rules of reasoning
B. legal rules of evidence
C. rules of logic
D. all the above.
Answer» B. legal rules of evidence
3.

Relevancy and admissibility under the Indian Evidence Act are

A. synonymous
B. co—extensive
C. neither synonymous nor co-extensive
D. , synonymous & co-extensive both.
Answer» C. neither synonymous nor co-extensive
4.

‘Self-regarding’ statements

A. can be self-serving statements
B. can be self-harming statements
C. can be self-serving or self-harming
D. none of the above.
Answer» C. can be self-serving or self-harming
5.

Under the law of evidence, as a general rule

A. opinion on a matter of fact is relevant but not on a matter of law
B. opinion on a matter of law is relevant but not on a matter of fact
C. opinion on a matter of fact and law both are relevant
D. opinion whether on a matter of fact or law, is irrelevant.
Answer» D. opinion whether on a matter of fact or law, is irrelevant.
6.

Indian Evidence Act applies to

A. proceedings before tribunals
B. proceedings before the arbitrator
C. judicial proceedings in courts
D. all the above.
Answer» C. judicial proceedings in courts
7.

Law of evidence is

A. lex tallienis
B. lexfori
C. lex loci solutionis
D. lex situs.
Answer» B. lexfori
8.

Law of evidence is

A. a substantive law
B. an adjective law
C. both (a) & (b)
D. neither (a) nor (b).
Answer» B. an adjective law
9.

Facts can be

A. physical facts
B. psychological facts
C. physical as well as psychological facts
D. only physical facts & not psychological facts.
Answer» C. physical as well as psychological facts
10.

Under the Evidence Act, fact means

A. factum probaiidum
B. factum probmis
C. both factuin probaizdum and factum probans
D. none of the above.
Answer» C. both factuin probaizdum and factum probans
11.

Fact in issue means

A. fact, existence or non-existence of which is admitted by the parties
B. fact, existence or non-existence of which is disputed by the parties
C. fact existence or non-existence of which is not disputed by the parties
D. all the above.
Answer» B. fact, existence or non-existence of which is disputed by the parties
12.

Evidence under the Indian Evidence Act means & includes

A. ocular evidence
B. documentary evidence
C. ocular and documentary evidence both
D. ocular evidence based on documents only
Answer» C. ocular and documentary evidence both
13.

Proof of a fact depends on

A. accuracy of the statement and not upon the probability of its existence
B. not upon the accuracy of the statement but upon the probability of its existence
C. artificial probative value assigned to a fact
D. rigid mathematical demonstration.
Answer» B. not upon the accuracy of the statement but upon the probability of its existence
14.

Presumptions under the law of evidence are

A. presumption of facts
B. presumptions of law
C. both (a) & (b)
D. only (b) & not (a).
Answer» C. both (a) & (b)
15.

Under the law of evidence, the relevant fact

A. must be legally relevant
B. must be logically relevant
C. must be legally & logically relevant
D. must be legally & logically relevant and admissible.
Answer» A. must be legally relevant
16.

Relevancy is

A. question of law and can be raised at any time
B. question of law but can be raised at the first opportunity
C. question of law which can be waived
D. question of procedure which can be waived.
Answer» A. question of law and can be raised at any time
17.

Which of the following documents are not admissible in evidence

A. documents improperly procured
B. documents procured by illegal means
C. both (a) & (b)
D. neither (a) nor (b).
Answer» D. neither (a) nor (b).
18.

The facts which form part of the same transaction are relevant

A. under section 5 of evidence act
B. under section 6 of evidence act
C. under section 7 of evidence act
D. under section 8 of evidence act.
Answer» B. under section 6 of evidence act
19.

Several classes of facts, which are connected with the transaction(s) in a particular mode, are relevant

A. under section 6 of evidence act
B. under section 7 of evidence act
C. under section 8 of evidence act
D. under section 9 of evidence act.
Answer» B. under section 7 of evidence act
20.

Motives, of preparation and conduct are relevant

A. under section 6 of evidence act
B. under section 7 of evidence act
C. under section 8 of evidence act
D. under section 9 of evidence act.
Answer» C. under section 8 of evidence act
21.

Under section 8 of Evidence Act

A. ‘motive is relevant
B. preparation is relevant
C. conduct is relevant
D. all the above.
Answer» D. all the above.
22.

For conduct to be relevant under section 8 of Evidence Act, it

A. must be previous
B. must be subsequent
C. may be either previous or subsequent
D. only subsequent & not previous.
Answer» C. may be either previous or subsequent
23.

Facts which are necessary to explain or introduce relevant facts of place, name, date, relationship & identity of parties are relevant

A. under section 8 of evidence act
B. under section 9 of evidence act
C. under section 10 of evidence act
D. under section 11 of evidence act.
Answer» B. under section 9 of evidence act
24.

Under section 9 of Evidence Act

A. the identification parades of suspects are relevant
B. the identification parades of chattels are relevant
C. both (a) & (b) are relevant
D. only (a) & not (b) is relevant.
Answer» C. both (a) & (b) are relevant
25.

Identification of a suspect by photo is

A. admissible in evidence
B. not admissible in evidence
C. section 9 of evidence act excludes identification by photo
D. section 8 of evidence act excludes identification by photo.
Answer» A. admissible in evidence
26.

Things said or done by a conspirator in reference to the common design is relevant

A. under section 12 of evidence act
B. under section 6 of evidence act
C. under section 10 of evidence act
D. under section 8 of evidence act.
Answer» C. under section 10 of evidence act
27.

A confession made ‘by a conspirator involving other members is relevant against the co-conspirator jointly tried with him and is admissible

A. under section 8 of evidence act
B. under section 10 of evidence act
C. under section 30 of evidence act
D. both (b) & (c).
Answer» C. under section 30 of evidence act
28.

Alibi is governed by

A. section 6 of evidence act
B. section 8 of evidence act
C. section 12 of evidence act
D. section 11 of evidence act.
Answer» D. section 11 of evidence act.
29.

Transaction and instances relating to a right or custom are relevant

A. under section 6 of evidence act
B. under section 8 of evidence act
C. under section 10 of evidence act
D. under section 13 of evidence act.
Answer» D. under section 13 of evidence act.
30.

Section 13 of Evidence Act applies to

A. corporal rights \
B. incorporal rights
C. both corporal and incorporal rights
D. neither (a) nor (b).
Answer» C. both corporal and incorporal rights
31.

Section 13 of Evidence Act

A. is confined to public rights & does not cover private rights
B. is not confined to public rights and covers private rights also
C. is confined to private rights and does not cover public rights
D. either (a) or (c) is correct.
Answer» B. is not confined to public rights and covers private rights also
32.

Mode of proof of a custom is contained in

A. section 32(4) of evidence act
B. section 32(7) of evidence act
C. section 48 of evidence act
D. all the above.
Answer» D. all the above.
33.

Section 14 of Evidence Act makes relevant the facts which show the existence of

A. any state of mind
B. any state of body or bodily feeling
C. either state of mind or of body or bodily feeling
D. a particular state of mind and a state of body.
Answer» C. either state of mind or of body or bodily feeling
34.

Under section 15 of Evidence Act, facts showing series of similar occurrences, involving the same person are relevant

A. when it is uncertain whether the act is intentional or accidental i
B. when it is certain that the act is with guilty knowledge
C. when it is certain that the act is done innocently
D. either (b) or (c).
Answer» A. when it is uncertain whether the act is intentional or accidental i
35.

Admissions

A. must be examined as a whole and not in parts
B. can be examined in parts
C. can be examined as a whole or in parts
D. both (b) & (c) are correct.
Answer» A. must be examined as a whole and not in parts
36.

Admissions bind the maker

A. in so far as it relates to facts
B. in so far as it relates to question of law
C. both on questions of facts & of law
D. neither (a) nor (b).
Answer» A. in so far as it relates to facts
37.

Admissions

A. must be in writing
B. must be oral
C. either oral or in writing
D. only in writing & not oral.
Answer» C. either oral or in writing
38.

Admission can be

A. formal only
B. informal only
C. either formal or informal
D. only formal & not informal.
Answer» C. either formal or informal
39.

Admissions

A. are conclusive proof- of the matters admitted
B. are not conclusive proof of the matters admitted but operate as estoppel
C. are conclusive proof of the matter and also operate as estoppel
D. both (a) & (c) are correct.
Answer» B. are not conclusive proof of the matters admitted but operate as estoppel
40.

Persons who can make admissions are mentioned in

A. section 17 of evidence act
B. section 20 of evidence act
C. section 19 of evidence act
D. section 18 of evidence act.
Answer» D. section 18 of evidence act.
41.

Admissions by agents are A

A. admissible in civil proceedings under all circumstances
B. admissible in civil proceedings only if the agent has the authority to make admissions
C. never admissible in criminal proceedings
D. both (b) & (c). i
Answer» D. both (b) & (c). i
42.

Admissions made by a party are evidence against

A. privies in blood
B. privies in law
C. privies in estate
D. all the above.
Answer» C. privies in estate
43.

Which of the following admission is no evidence

A. an admission by one of the several defendants in a suit against another defendant
B. an admission by a guardian ad litem against a minor
C. an admission by one of the partners of a firm against the firm or other partners
D. only (a) &(b).
Answer» D. only (a) &(b).
44.

In a reference made over a disputed matter to a third person, the declaration so made by that person shall be an evidence against the party making a reference, by virtue of

A. section 17 of evidence act
B. section 19 of evidence act
C. section 20 of evidence act
D. section 21 of evidence act.
Answer» C. section 20 of evidence act
45.

Communication made ‘without prejudice’ are protected

A. under section 22 of evidence act
B. under section 23 of evidence act
C. under section 24 of evidence act
D. under section 21 of evidence act.
Answer» B. under section 23 of evidence act
46.

Confession caused by inducement, threat or promise is contained in

A. section 24 of evidence act
B. section 25 of evidence act
C. section 26 of evidence act
D. section 27 of evidence act.
Answer» A. section 24 of evidence act
47.

Section 24 of Evidence Act applies

A. when the inducement, threat or promise comes from a person in authority
B. when the inducement is of a temporal kind
C. when the inducement is spiritual or religious,
D. only (a) & (b) are correct.
Answer» D. only (a) & (b) are correct.
48.

A confession made to a police officer is inadmissible under

A. section 24 of evidence act
B. section 25 of evidence act
C. section 26 of evidence act
D. section 27 of evidence act.
Answer» B. section 25 of evidence act
49.

A confession to be inadmissible under section 25 of Evidence Act

A. must relate to the same crime for which he is charged
B. must relate to another crime
C. may relate to the same crime or another crime
D. only (a) is correct and (b) is incorrect.
Answer» C. may relate to the same crime or another crime
50.

Which of the following is not given by section 25 of Evidence Act

A. confessions made to custom officers
B. confession made to a member of railway protection force
C. confession made to an officer under fera
D. all the above.
Answer» D. all the above.
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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