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Test -1 Indian Evidence Act

Total questions: 50

Worksheet time: 28mins

Name
Class
Date
1.

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

a)

The contents of documents must be proved by primary evidence

b)

The contents of documents must be proved by secondary evidence

c)

The contents of documents must be proved by both primary and secondary evidence

d)

The contents of documents must be proved either by primary or secondary evidence

2.

Which of the following sections of the Indian Evidence Act, 1872 gives provisions regarding proof as to elec­tronic signatures?

a)

Section 67C

b)

Section 67B

c)

Section 67

d)

Section 67A

3.

A, a sculptor, agrees to sell to B, “all my mods.” A has both models and modelling tools.

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

4.

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)

5.

The meaning of 'nemo moriturus proesumitur mentiri' is (a)  

6.

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


B. fraud

C.

D.

a)

None of the following

b)

misrepresentation or undue influence

c)

fraud

d)

collision

e)

all of them

7.

A person is said to be expert for the purposes of Indian Evidence Act, if they have skill or knowledge of-

a)

Science and techology

b)

Arts and science

c)

Foreign Law

d)

all A, B and C

8.

Evidence under Indian Evidence Act is-

a)

documentary Evidence

b)

Ocular Evidence

c)

Both of the above

d)

None of the above

9.

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 official character he claims

c)

both (A) and (B)

d)

none of them

10.

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.

11.

Opinion of an expert under section 45 of Evidence Act:

a)

is a conclusive proof

b)

is not a conclusive proof

c)

is supportive & corroborative in nature

d)

(d) either (a) or (c).

12.

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.

13.

Oral account of the contents of a document is admissible:

a)

when given by a person who has seen but not read the document

b)

when given by a person to whom the document was read over

c)

when given by a person who has seen & read the document

d)

when given by any of the above

14.

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

a)

quasi-public documents

b)

semi-public documents

c)

private documents

d)

all the above.

15.

Section 79 of Evidence Act contains:

a)

an irrebuttable presumption of law

b)

no presumption either of fact or law.

c)

a rebuttable presumption of law

d)

a presumption of fact

16.

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

a)

section 81 of Evidence Act

b)

section 82 of Evidence Act

c)

section 84 of Evidence Act.

d)

section 83 of Evidence Act

17.

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, Indian Evidence Act:

a)

He may be allowed to prove his want of title

b)

He must be allowed to prove his want of title


c)

He must not be allowed to prove his want of title

d)

None of them

18.

To invoke the doctrine of estoppel which of the following 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 the above

e)

Only A and C

19.

Which of the following section of the Indian Evidence Act deals with admission by person from whom interest is derived?

a)

Section 18

b)

Section 19

c)

Section 17

d)

Section 20

e)

Only A and B

20.

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 32, 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 27, 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)

21.

The words "May presume" has been defined-

a)

under Chapter II

b)

Section 3, Chapter 1

c)

Section 4 chapter 1

d)

Chapter II section 4

22.

Nothing in this Chapter contained shall be taken to affect any of the provisions of the Indian Succession Act was given under-

a)

Part II, Section 102

b)

Part-III section 101

c)

Part-Iv section 100

d)

Part II section 100

23.

A is accused of waging war against the 1 [Government of India] by taking part in an armed insurrection in which property is destroyed, troops are attacked and goals are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, thought A may not have been present at all of them.

a)

Is relevant under Section 8

b)

Is relevant under Section 6

c)

Is not relevant under Section 8

d)

Is not relevant under Section 6

24.

The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.

a)

Is relevant under section 12

b)

Is relevant under section 16

c)

Is relevant under section 6

d)

Is relevant under section 15

25.

The question is, whether A owes B Rupees 10,000. The facts that A asked C to lend him money, and that D said to C in A's presence and hearing--"I advise you not to trust A, for he owes B 10,000 Rupees", and that A went away without making any answer, are

a)

relevant facts.

b)

not relevant

c)

In some cases relevant

d)

Both B and C

26.

The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by none else and that it was not committed by either B, C or D is relevant-.....of Indian Evidence Act

a)

under section 6

b)

under section 8

c)

under section 9

d)

under section 11

27.

The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours are relevant facts.

a)

under section 12

b)

under section 13

c)

under section 15

d)

under section 6

28.

(a) A is accused of burning down his house in order to obtain money for which it is insured. The facts that A lived in several houses successively, each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance office, are relevant,.................. as tending to show that the fires were not accidental.

a)

under section 15

b)

under section 15 and 16

c)

under section 15 and 13

d)

only B and C

29.

Which provision of Indian Evidence Act is based on the principle that 'what you cannot do directly, you cannot be allowed to do that indirectly?

a)

Section 27

b)

Section 28`

c)

section 26

d)

section 24

30.

Previous judgments relevant to bar a second suit or trial

a)

under section 40

b)

under section 42

c)

under section 43

d)

under section 44

31.

Opinion of third person is relevant under-

a)

Section 45 A to 51

b)

Section 40 to 45

c)

Section 46 to 51

d)

Section 45 to 51

32.

When the Court has to form an opinion as to the digital signature of any person, the opinion of the Certifying Authority which has issued the Digital Signature Certificate is a relevant fact.]_________________

a)

Under section 47

b)

Under section 47 A

c)

Under section 46

d)

Under section 48

33.

The question is, whether A and B, were married. The fact that they were usually received and treated by their friends as husband and wife, is -----------

a)

Not at all Relevant

b)

Is relevant in certain cases

c)

Is relevant under section 50

d)

Is relevant under section 51

34.

In civil cases character to prove conduct imputed is-------------

a)

irrelevant under section 52

b)

Relevant

c)

relevant under section 52

d)

None of the above

35.

Facts which need not be proved is given under----

a)

PArt 1- Chapter II

b)

Part II chapter 1

c)

Part III chapter I

d)

Part II chapter III

36.

Choose the incorrect answer-

Secondary evidence means and includes-

a)

Certified copies given under the provisions hereinafter contained

b)

Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;

c)

Copies made from or compared with the original

d)

Counterparts of documents as against the parties who execute them;

37.

The important Case on Res Gestae is---

a)

Pakala N Swamy case

b)

Ratan Vs Queen Case

c)

Both of the above

d)

None of the above

38.

The leading cases under section 10 are/is---

a)

Pakala Narayan Swamy case

b)

Blake and Tye case

c)

Mirza Akbar case

d)

Both B and C

e)

All of the above

39.

As per section 91, if a contract be contained in several letters, ....................... the letter/s in which it is contained must be proved.

a)

All

b)

Any one

c)

None

d)

either A or B

40.

When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence .......... be given to show that it was used in a peculiar sense.

a)

may

b)

may not

c)

depends upon the facts of each case

d)

None of the above

41.

A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time they make an oral agreement that three month’s credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.

a)

The above statement is correct

b)

The above statement is not correct as per section 98

c)

The above statement is correct as per section 99

d)

None of the above is correct

42.

A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.

a)

As per section 101

b)

As per section 102

c)

As per section 104

d)

As per section 106

43.

A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.

a)

As per section 101

b)

As per section 102

c)

As per section 104

d)

As per section 106

44.

Presumption as to dowry death is given under-

a)

section 113

b)

section 113 A

c)

section 113 B

d)

section 114A

45.

The court 'shall' Presume that the electronic records are genuine as given in section

a)

Section 89

b)

Section 81 A

c)

Section 85 A

d)

Section 85C

46.

Within the purview of Section 25 of the IE Act, Police does not include-Officers under narcotics Drugs And Psychotropic Sun-stance Act 1985, Railway Protection Force and Custom Officers. It was so held in-

a)

Dev Mann Upadhyay Case

b)

Rajkumar Karval Vs Kripa Mohan Vishwani

c)

Public Prosecutor vs Paramshvan

d)

None of the above

47.

Which of the followings are not the essentials of section 30 of IE Act

a)

Joint trial

b)

For the same offence

c)

Statement of the coaccused should be confession

d)

statement does not tend to implicate all the accused in the trial

48.

The word Expert has been explained in

a)

section 45

b)

section 45 read with section section 45 A

c)

section 45 read with section section 46

d)

section 45 read with section section 51

49.

Presemption as to absesence of Consent in certain prosecution for rape is given in section-

a)

section-111A

b)

section-113A

c)

section-113B

d)

section-114 A

50.

The Indian Evidence Act consists of -

a)

PArt IV Section 167 and Chapter 11

b)

Part V Section 176 Chapter 11

c)

PArt III, Section 165 and Chapter 11

d)

PArt III, Section 167 and Chapter 11