Indian Evidence Act – AIBE Exam MCQ -Test SET 1

Constitutional Law – AIBE Exam MCQ -Test SET 1

1. Indian Evidence Act was drafted by Sir James F. Stephen.
1. The Term State as mentioned in Article 12 of the Constitution includes
2. The Law of Evidence consists of Legal Rules of Evidence.
also :- LIC
3. Relevancy & Admissibility under the Indian Evidence Act are neither
2. Article 13(2) :- States that the state shall not make any law which takes
synonymous nor co extensive.
away or abridges the fundamental rights.
4. Self Regarding Statements can be self servicing or self harming.
3. Article 14 gaurantees equality before law and equal protection of law to :-
5. Self harming Statements is admissible but a self serving statement is not
All Persons living withing the territory of India.
admissible.
4. Article 19(1) includes :- freedom of speech and expression.
6. Opinion under the Evidence Act, whether on a matter of Fact or Law is
5. Freedom under Article 19 are :- sacrosanct and inalienable.
not relevant.
6. Right to life does not include right to die. it was held in the case :- Chenna
7. Indian Evidence Act applies to All Judicial Proceedings in Courts.
Jagadeshwar V. state of Andra Pradesh.
8. Law of Evidence is Lex Fori
7. Right to freedom of religion cannot be restricted on the grounds of :-
9. Law of evidence is an adjective law
Security of state
10. Facts can be physically & psychological facts.
8. On which date the Supreme court upheld the OBC quota in Central
11. Under the Evidence Act Fact means Factum probandum & factum
Educational institutions clearing the way for reservation of 27% seats for
probans
Backward classes. on 10th April 2008
12. Fact in Issue means Fact, – is existence or non – existence of which
9. Right to Life Means :- Right to have all limbs and faculties intact.
is disputed by the Parties.
10. The Following are not included in the right to personal liberty :-
13. Affidavit Is not evidence
Freedom from arrest
14. Everything Produced before the court for inspection is not evidence.
11. The Right guaranteed under Article 32 can be suspended :- When
15. Written statement of an accused in criminal trial is not considered as
Proclamation of emergency is in operation.
evidence.
12. The Fundamental rights as envisaged under Articles 12-35 are :- Can
16. Anything of which judicial notice can be taken is considered as
be amended.
Evidence.
13. In case of A.K.Gopaln Vs. State of Madras , The Preventing
17. Proof of Facts Depends upon the Probability of existence but not
Detention Act , 1950 was found conflicting with the two Articles. :-
accuracy of production.
Articles 19 and 21
18. Standard of proof in Criminal Cases is much higher than in civil
14. Which of the following writs can be issued only against the judicial or
cases.
quasi – judicial authorities:- certiorari.
19. Presumption under this Act means Presumption of Fact &
15. Which among the following is not a Fundamental rights := Right to
Presumption of Law.
Strike
20. Presumption of Facts are always rebuttable
16. The right to property was dropped from the list of fundamental Rights
21. Presumption of Law can be either rebuttable or Irrefutable.
by the :- 44th Amendment.
22. Relevancy can be raised any time, when Relevancy is a question of
17. The Writ of Mandamus would be issued when there is failure to –
Law.
Perform a mandatory duty
23. Documents improperly procured & Documents procured by
18. A corporation is State for the purpose of enforcement of fundamental
illegal means both are not admissible in evidence.
rights if :- It is an agency or instrumentality of Government.
24. Under section 6 of the Evidence Act, The Facts which forming part
19. Excessive Reservation would be a Fraud on The Constitution of India
of the same transaction are relevant.
was observed by The Supreme Court in :- Balaji V. State of Mysore.
25. Principle of “Res Gestae” means “things has Done”
20. Under the Indian Constitution , Which one of the Following is Not a
Specific Ground on which the State can place Restrictions on Freedom of
Religion ? – Public Order.
 Civil Procedure Code – AIBE Exam MCQ -Test SET 1 Criminal Procedure Code – AIBE Exam MCQ -Test SET 1
1. A decree becomes final when :- It conclusively determines the rights of
the parties & When No Appeal has been preferred against the decree. 1. Classification of Offenses given in the Code of Criminal Procedure Under
2. Which of the following is not a decree ? – dismissal in default. :- The 1st Schedule
3. A judgment contains :- Concise Statement of the case , The Points for 2. Which Classification of offense comes under Criminal Procedure code ?
determination & the Points of determinations & the reason thereof. Cognizable & Non Cognizable
4. Who among the Following is not a Legal Representative ? – A Trespasser Bailable & Non Bailable
, An Intermeddler & A Creditor. summons & warrant cases
5. Mesne Profit Means 2(12) :- those profits which the person in wrongful All of the Above .
possession of such property actually received or might have received 3. Under the Scheme of Criminal Procedure Non Cognizable offences are :-
together with Interest. Private Wrongs
6. Jurisdiction of civil court can be barred :- Either Expressly nor impliedly 4. A Magistrate has the power to direct the police to Investigate into an
7. Principle of Res Sub judice is contained in :- Section 10 offence in IPC under :- Section 156(3) of Crpc
8. Principle of Res sub Judicata is Contained in :- Section 11 5. Non Cognizable Offences has been defined under section 2(1)
9. Principle of Res Judicata applies – Between Co defendants & Between 6. In a bailable offense , the bail is granted as a matter of right :- both by the
Co Plaintiffs police officer & the court.
10. Under Section 10 of CPC a suit is liable to be :- Stayed. 7. Classification of summons case & warrant case :- is useful to determine
11. Provisions of Section 10 of CPC are :- mandatory the trail procedure to be adopted.
12. In a suit , Where the Doctrine of Res Judicata Applies , the suit is 8. The Word Magistrate mentioned in Section 156(3) of Cr PC means :- a
liable to be :- Dismissed. Judicial Magistrate
13. In Every Plaint, Under Section 26 of CPC , Facts should be proved by 9. Complaint as provided under section 2(d) of Cr PC :- either in Writing or
:- Affidavit. Oral
14. A Plaint can be rejected under :- Order VII, Rule 11 of CPC 10. Offenses other than those mentioned in section 320 of Cr PC are :-
15. Pleading can be amended ;- Before the trail court , before the first Not Compoundable
appellate court & before the second appellate court. 11. Section 91 of the Accused does not apply to :- Accused
16. Amendment in pleadings shall be effective :- From the date of the 12. The Magistrate records the Confession of an accused or a statement of
Pleading. a witness during investigation , under :- section 164 of Cr PC
17. Set off is a :- Reciprocal ascertainment of debts between the 13. Maintenance of a Case dairy by an investigating officer is :-
Parties. Mandatory
18. Set off can be :- Legal Set off and Equitable Set Off 14. Section 167 of CrPC is applicable during :- Investigation.
19. In Set Off , Court fee is :- Payable 15. Amount of Maintenance under section 125 of CrPC is :- Without any
20. Which of the Following must be stated in the pleadings :- Facta Limit
Probanda 16. In a case of Non bailable offence, a bail granted by a Magistrate can
be cancelled under section 437(5) of CrPC
By the Magistrate granting the Bail
By the Court of Sessions
By the High Court
All of the Above
17. Court can condone the delay :- Under section 473 of Cr PC
18. The Special Court is :- Subordinate to High Court
19. In camera trial refers to :- trail to which Public and press are not
allowed.
20. Chapter XXIA – ” plea Bargaining” Containing Section 265A to
265L of CrPC came into Force on – 5th July 2006