Indian Evidence Act 1872 | Set II

Welcome to your Indian Evidence Act 1872 | Set II

1. Content of a document under section 59 of evidence act

(a) Can be proved by oral evidence

(b) Cannot 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

2. 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

3. Secondary evidence of a document means

(a) Copies of that document

(b) Oral account of the contents of the documents

(c) Both (a) & (b)

(d) Only (a) & not (b)

4. 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

5. 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

6. Secondary evidence is admissible

(a) Where the non-production of primary evidence has not been accounted for

(b) Where the non-production of primary evidence has been accounted for

(c) Irrespective of whether the non-production of primary evidence has been accounted for or not

(d) Both (a) & (c) are correct

7. Oral account of the contents of a document is admissible

(a) When given by a person who has seen & read the document

(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.

8. A document required by law to be attested can be proved under section 68 of evidence act only

(a) By calling both the attesting witnesses

(b) By calling at least one of the attesting witnesses

(c) By calling none of the attesting witnesses but by calling some other person who has the knowledge of the contents

(d) All of the above are correct

9. The calling of at least one attesting witness to prove a document under section 68 is not necessary

(a) When the document other than a will is registered under the Indian registration act, 1908

(b) When the document including will is registered under the Indian registration act, 1908

(c) When the document irrespective of whether it is a will, is registered under the Indian registration act, 1908

(d) Both (b) & (c) are correct

10. 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

11. 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

12. 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

13. Maxim ‘ominaproesumuntur rite esse acta' means

(a) All acts are presumed to be rightly done

(b) All acts ae 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

14. 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

15. Principle of ‘omnia proesumumtur 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

16. Section 79 of evidence act applies to

(a) Certificates issued by a government officer

(b) Certified copies issued by a government officer

(c) Other document duly certified to be genuine by a government officer

(d) All the above

17. Section 79 of evidence act contains

(a) An irrebuttable presumption of law

(b) A rebuttable presumption of law

(c) A presumption of fact

(d) No presumption either of fact or law

18. Section 79 to 85 of evidence act contain

(a) Presumption of facts

(b) Rebuttable presumption of law

(c) Irrebuttable presumption of law

(d) Irrebuttable presumptions of facts

19. 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 83 of evidence act

(d) Section 84 of evidence act

20. Under section 83 of evidence act, presumption as to accuracy of maps & 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)

21. Due execution and authentication of a power of attorney shall be presumed under section 85 of evidence act when executed before & authentication by

(a) A notary

(b) A judge

(c) A magistrate

(d) All the above

22. 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

23. 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

24. Period of thirty years under section 90 of evidence act is to be reckoned from

(a) The date on which the document is relied upon

(b) The date on which the document is filed in the court

(c) The date on which the document is tendered in evidence, when its genuineness becomes a subject of proof

(d) All the above

25. 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

26. In case of wills, the period of thirty years shall run

(a) Form the date of the will

(b) From the date of the death of the testator

(c) From the date of registration of the will, if registered

(d) Either (a) or (b)

27. Presumption as to the genuineness of gazettes in electronic from has been dealt with under

(a) Section 81A of evidence act

(b) Section 88A of evidence act

(c) Section 90A of evidence act

(d) Section 73A of evidence act

28. Section 88A of evidence act provides for

(a) Presumption as to the electronic message forwarded corresponds with the message as fed in the computer

(b) Presumption as to the person by whom the message is sent

(c) Both (a) & (b)

(d) Only (b) but not (a)

29. Electronic record in proper custody give rise to a presumption as to the digital signature, to be affixed by that particular person under section 90A of evidence act if the electronic record produced is

(a) 20 years old

(b) 15 years old

(c) 10 years old

(d) 5 years old

30. Section 91 of evidence act applies to

(a) Transactions which under the law must be in writing

(b) Transactions which are reduced into writing voluntarily

(c) Both (a) & (b)

(d) Only (a) & not (b)

31. section 91 of evidence act

(a) permits admission of oral evidence to prove the contents of a document where the writing is a fact in issue

(b) prohibits admission of oral evidence to prove the contents of a document, where the writing is a fact in issue

(c) prohibits admission of oral evidence to prove the contents of a document where the writing is not a fact in issue and is merely a collateral memorandum

(d) both (b) & (c)

32. section 91 of evidence act applies to document which are

(a) unilateral

(b) bilateral

(c) tripartite

(d) all the above

33. section 91 of evidence act

(a) prohibits admission of oral evidence as to the existence o non-existence of a factum

(b) permits admission of oral evidence as to the existence or non-existence of a factum but prohibits admission of oral evidence of the terms of that factum, if in existence

(c) prohibits admission of oral evidence as to the existence o non-existence of factum and also the terms of the factum and also the terms of the factum if in existence

(d) both (a) & (c)

34. section 92 of evidence act prohibits admission of oral evidence, in respect of a written document, for the purpose of

(a) contradicting its terms

(b) varying its terms

(c) adding to its terms

(d) all the above

35. section 92 of evidence act is applicable to

(a) disputes between the parties to the instrument only

(b) disputes between a party to the instrument and a stranger

(c) disputes between two strangers where the document is in question

(d) all the above

36. section 92 of evidence act applies to

(a) unilateral documents

(b) bilateral documents

(c) both (a) & (b)

(d) either (a) or (b)

37. oral evidence of a fact invalidating the document is admissible

(a) under proviso 1 to section 92 of evidence act

(b) under proviso 2 to section 92 of evidence act

(c) under proviso 4 to section 92 of evidence act

(d) under proviso 6 to section 92 of evidence act

38. the want or failure of consideration as contemplated under proviso 1 to section 92 of evidence act invalidating a document

(a) is a complete want or failure

(b) is a partial want or failure

(c) is a substantial want or failure

(d) may be complete or may be partial want o failure

39. Mistake referred to in proviso 1 to section 92 of evidence act refers to

(a) unilateral mistake

(b) mutual mistake

(c) both (a) & (b)

(d) only (b) not (a)

40. under section 92 of evidence act oral evidence to explain the real mature of the transaction is admissible

(a) where the document does not record all the terms of the contract

(b) where the document records all the terms of the contract

(c) where the documents is complete in itself

(d) all the above

41. under proviso 2 to section 92 of evidence act oral evidence is admissible

(a) where the instrument provides for the matter sought to be proved and the agreement sought to be proved is consistent with the terms of the document

(b) where the instrument is silent on the matte sought to be proved and the agreement to be proved is consistent with the terms of the document

(c) where the instrument is silent on the matter sought to be proved and the agreement to be proved is inconsistent with the terms of the document

(d) all the above

42. Under proviso 4 to section 92 of evidence Act, oral evidence is admissible in cases

(a) Where the contract has been written voluntarily & not required by laws to be so written

(b) Where the law required the contract to be writing

(c) Where the contract has been registered under the law of registration of documents

(d) All of above

43. Extrinsic evidence to show the meaning of apply the defects in an instrument, is prohibited under section 93, is respect of

(a) Ambiguitas patens

(b) Ambiguitaslatens

(c) Both (a) & (b)

(d) Only (b) & not (a)

44. The test of ascertaining on which side the burden of proof lies is contained in

(a) Section 100 of Evidence Act

(b) Section 101 of Evidence

(c) Section 102 of Evidence Act

(d) Section 103 of Evidence Act.

45. “Burden of proof” means

(a) The burden of proof as a matter of law & pleadings is burden of establishing a case

(b) The burden of proof as to introduction of evidence

(c) Both (a) & (b)

(d) Only (b) & not (a)

46. Burden of proof

(a) Partially determines the right to begin

(b) Substantially determines the right to begin

(c) Wholly determines the right to begin

(d) Only (c) & not (a) or (b)

47. Burden of proof under section Evidence Act

(a) Never shifts

(b) Goes on shifting as the trail proceeds

(c) May shift

(d) All of above

48. Burden of proof is lightened by

(a) Presumptions

(b) Admissions

(c) Estoppels

(d) All of above

49. Burden of introducing evidence under section 102 of Evidence Act

(a) Never shifts

(b) Occasionally shifts

(c) Constantly shifts

(d) Only (a) and & (b) or (c)

50. In criminal proceedings, the burden of proof is

(a) On the prosecution to prove the guilt of the accused

(b) On the accused to prove his innocence

(c) On both the parties

(d) Either (a) or (b)

51. which of the following is true as to the standard of proof in criminal & civil proceedings

a. in criminal proceedings the standard is beyond reasonable doubt and also in civil proceedings

b. in criminal proceedings the stand is beyond reasonable doubt while in civil proceedings "it is upon the the balance of probabilities"

c. in criminal and civil proceedings both it is "upon the balance of probabilities"

d. in criminal proceedings it is "upon the balance of probabilities" while in civil "beyond reasonable doubt"

52. Section 105 of evidence act applies to

a. criminal trials

b. civil trials

both (a) and (b)

neither (a) nor (b)

53. In criminal trials, the onus is on the accused to prove that his case falls in

a. any of the general exception

b. any of the special exception

c. any of the proviso to any provision

d. all the above

54. In criminal trials, it is bound to presume

a. that the case of accused falls in any of the general or special exceptions

b. that the case of of the accused falls in proviso to the provision under which he is charged

c. the absence of the case of the accused falling in any general or special exceptions or the proviso to the provision under which the accused is charged

d. both (a) and (b) not (c)

55. In criminal trials, the accused has to establish his plea mitigation or justification of an offence

a. beyond reasonable doubt

b. prima facie

c. substantially

d. either (a) or (c)

56. Section 106 of Evidence Act is applicable

a. to such matters of defence which are supposed to be especially within the knowledge of the defendant

b. to such matters which are capable of being known to the persons other than the defendants

c. both (a) & (b)

d. neither (a) nor (b)

57. "Any person" in section 106 of Evidence Act refers to

a. a party to the suit

b. a stranger to the state

c. a person who is not a party to the suit but interested in the outcome of the suit

d. a witness

58. The presumption of continuance of life is contained in

a. section 106 of Evidence Act

b. section 107 of Evidence Act

c. section 108 of Evidence Act

d. section 109 of Evidence Act

59. An accomplice is

a. not a competent witness against an accused

b. a competent witness against an accused

c. cannot be a competent witness against an accused

d. either (a) or (c)

60. Section 108 of Evidence Act relates to

a. presumption of death

b. presumption of life

c. presumption of legitimacy

d. presumption of relationship

61. For presumption under section 107 of Evidence Act, the person is to be shown to be alive

a. within 7 years

b. within 12 years

c. within 3 years

d. within 30 years

62. For presumption of death under section 109 of Evidence Act, the person is shown to be not heard for a period of

a. 3 years

b. 7 years

c. 12 years

d. 30 years.

63. The presumption under section 109 of Evidence Act as to certain human relationship

a. is obligatory and arises irrespective of the lapse of time

b. is permissive and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

c. is obligatory and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

d. either (b) or (c).

64. The principle that possession is prima facie proof of ownership is contained in

a. section 109 of Evidence Act

b. section 110 of Evidence Act

c. section 111 of Evidence Act

d. section 112 of Evidence Act

65. The possession contemplated under section 110 of Evidence Act is

a. juridical possession

b. symbolical possession

c. actual physical possession

d. all the above

66. Section 110 of Evidence Act in its operation

a. is limited to immovable property

b. is limited to movable property

c. is limited to immovable property and applies to moveable properties as well

d. is not limited to immovable property but applies only to certain moveable property

67. Section 112 of Evidence Act provides for

a. presumption of life

b. presumption of death

c. presumption of marriage

d. presumption of legitimacy

68. Section 112 of Evidence Act contains

a. presumption facts

b. a rebuttable presumption of law

c. an irrebuttable presumption of law

d. a mixed presumption of fact and law

69. Presumption under section 112 of Evidence Act is raised

a. when a child is born during the continuance of valid marriage

b. when a child is born within 280 days of dissolution of marriage, the mother remaining unmarried

c. in both (a) & (b)

d. in only (a) & not (b)

70. In cases a child is born within 280 days of dissolution of marriage, the mother remaining unmarried the presumption of legitimacy of child under section 112 of Evidence Act arises

a. if the father is alive on the day the child is born

b. if the father is not alive on the day the child is born

c. irrespective of whether the father is alive or dead on the day the child is born

d. either in (a) or (b)

71. Section 112 of Evidence Act applies when there is a dispute regarding

a. maternity of a child

b. paternity of a child

c. both (a) & (b)

d. either (a) or (b)

72. The deciding factor under section 112 of Evidence Act is

a. the date of birth of a child

b. the date of conception of a child

c. the date of birth or the date of conception depending on the facts & circumstances

d. only (b) not (a)

73. Section 114 of of Evidence Act provides for certain

a. presumption of facts

b. rebuttable presumption of law

c. irrebuttable presumption of law

d. presumption of facts and law both.

74. Presumption

a. is an Evidence

b. is a proof

c. shows on whom the burden of proof lies

d. all the above

75. Presumption as to abetment of suicide by a married woman has been provided

a. under section 111 A of Evidence Act

a. under section 113 A of Evidence Act

a. under section 113 B of Evidence Act

a. under section 113 of Evidence Act

76. Presumption under section 113A of Evidence Act can be raised if the suicide by the married woman is committed

a. within 7 years of marriage

b. within 5 years of marriage

c. within 3 years of marriage

d. within 1 years of marriage

77. Presumption as to dowry death is contained in

a. section 111 A of Evidence Act.

b. section 113 A of Evidence Act.

c. section 113 B of Evidence Act.

d. section 113 of Evidence Act.

78. Presumption under section 114 of Evidence Act can be raised having regard to the common course of

a. natural events

b. human conduct

c. public and private business

d. all of the above

79. The doctrine of estoppel is contained in

a. section 115 of Evidence Act

b. section 114 of Evidence Act

c. section 113 of Evidence Act

d. section 112 of Evidence Act

80. The doctrine of estoppel is

a. substantive law

b. rule of equity

c. rule of evidence

d. law of pleadings

81. Estoppels are binding

a. upon litigating parties

b. upon privies of litigating parties

c. upon strangers to the lis

d. both (a) and (d) only

82. Estoppel is a rule of

a. civil action

b. criminal action

c. both civil and criminal action

d. only (b) and not (a)

83. Estoppel can be

a. by matter of record resulting from the judgement of a competent court

b. by deed resulting from entering into a solemn engagement as to certain facts

c. by pais arising from agreement or contract and from act or conduct of misrepresentation resulting in a change of position

d. all the above.

84. The estoppel in section 115 of Evidence Act

a. is an estoppel by record

b. is an estoppel by deed

c. is an estoppel by pais.

d. all the above

85. In which of the following there is no estoppel

a. on a point of law

b. against a statute

c. attestation of a deed

d. all the above

86. Estoppel can be

a. by silence

b. by negligence

c. by election

d. all the above

87. Estoppel deals with

a. question of facts

b. question of rights

c. both (a) and (b) are correct

d. neither (a) nor (b)

88. Estoppel

a. is a cause of action in itself

b. creates a cause of action

c. both (a) and (b) are correct

d. neither (a) nor (b) is correct

89. Estoppel

a. should be specifically pleaded

b. need not be specifically pleaded

c. may not be specifically pleaded or may not be specifically pleaded

d. both (b) and (c) are correct

90 . Rule of estoppel of tenants and of licence of person in possession is contained in

a. section 116 of Evidence Act

b. section 117 of Evidence Act

c. section 118 of Evidence Act

d. section 119 of Evidence Act

91. Estoppel operates in case of a tenant

a. during the continuance of tenancy

b. who remain in possession after the termination of tenancy by notice to quit

c. both (a) and (b)

d. only (a) not (b)

92. Under section 116 of Evidence Act, the tenant is estopped

a. from denying the title to the property, of landlord

b. from denying the title to the property, of the actual owner

c. both (a) and (b)

d. only & not (a)

93. A tenant or licencee under section 116 of Evidence Act is estopped from denying the title of landlord

a. during the continuance of tenancy

b. after the creation of tenancy or licence

c. after the surrender of possession under tenancy or licence

d. all the above

94. A person is competent to testify

a. If he understands the question put to him

b. If he is able to give rational awareness to those question

c. If he has both (a) and (b)

d. If has (a) only and not (b)

95. Under section 118 who amongst the following are competent witness

a. child

b. accused

c. lunatic

d. all the above

96. A dumb person is a competent witness as provided under

a. section 118 of Evidence Act

b. section 118 of Evidence Act

c. section 118 of Evidence Act

d. section 118 of Evidence Act

97. Husband & wife both are competent witness for & against each other

a. in civil proceedings

b. in criminal proceedings

c. in both civil & criminal proceedings

d. neither in civil nor in criminal proceeding

98. Section 121 of Evidence Act provides for privilege in respect of

a. husband & wife

b. judges & magistrate

c. affairs of the state

d. official communication

99. Privileges in respect of judges & magistrates under section 121 of Evidence Act relates to

a. question which a witness cannot be compelled to answer

b. question which a witness cannot be permitted to answer

c. both (a) and (b)

d. only and not (a)

100. Privilege under section 121 of Evidence Act is

a. available to an arbitrator

b. not available to an arbitrator

c. may be or may not be available to an arbitrator

d. both (b) & (c) are correct

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