1 LAW OF EVIDENCE the evidence must be always direct, and if the oral evidence js hearsay it is inadmissible. (a) true (b) partly true (©) false (d)_ none of the above Facts which are perceived by the senses are called— (a) Physical facts (b) Psychological facts (c) Positive facts (d) Negative facts Facts which exist in the minds of the people are called- (a) Physical facts (b) Psychological facts (©) Positive facts (d) Negative facts —_____iis that which 90es expressly to the very point 6 Question and which, if lieved, proves the point in Suestion without aid from Inference or reasoning. @ Direct ©) Circumstantial © Real Substantial 5. A caused B's death by stabbing him with a knife. C sees the whole transaction and deposes in a court of law. Here the evidence given by C i: evidence. (a) Direct (b) Circumstantial (c) Real (d) Substantial C sees A running away from a room and afterwards sees B lying down in a pool of blood in the same room his evidence is as far as seeing A running away is direct, but as far as the murder is concerned, it is evidence. (a) Primary (b) Circumstantial (c) Real (d) Substantial A files a suit against B for not paying the rent on the basis of a lease agreement. C deposes, that he was present when the agreement is entered into. The evidence given by C is evidence. (a) Direct (b) Circumstantial (c) Real (a) SubstantialProsecution Officers’ If the evidence relates to the existence or non-existence of only a relevant fact, it is evidence. (a) Direct (b) Circumstantial (c) Real (a) Substantial Circumstantial evidence must satisfy the following tests. (a) The circumstances from which an inference of guilt is to be drawn must be cogently and firmly established Those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused The circumstances taken collectively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused (@)_ all the above (b) () 10. An admission which is ma the part of the proceedings so that it Is recorded In the file of the court Is called a (a) Formal admission () Informal admission (©) Admission by conduct (a) none of the above 11. According to Indian Evidence Act relevancy means admissibility, (a) true (b) partly true strictly Examination Cou 12. 13. 14, 15. rse Material (c)_ false (@_ none of the above evidence is known as material evidence also. (a) Direct (b) Circumstantial (c) Real (d) Substantial Oral admissions as to the contents of a documents are not relevant, unless and until the party proposing to prove them shows that he Is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. (a) tue (b) partly true (©) false (d)_ none of the above The contents of the documents may be proved either by primary evidence or secondary evidence. (a) true (b) partly true (c) false (@) none of the above wae Itself is hearsay @) (b) ©) @) true Partly true false None of the aboveLaw of Evidence confession aremade 2, art of law and recorded ‘0. Each case must be determined io in aie Magistrate under Section mh of Cr.P.C. @ Judicial ® Extra-judicial oO Retracted (@) none of the above confession are made Seany person outside the court, it may be to police, to his friends, enemies, wife, to his neighbour. (a) Judicial (b) Extra-judicial (c) Retracted (d)_ none of the above A confession is a statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates at the trial. (@) Judicial (b) Extra-judicial (©) Retracted (4) none of the above There is no absolute rule of law that dying declaration cannot ‘orm the sole basis of conviction ‘unless corroborated. @) true ©) partly true ©) false (none of the above Wpar3) 21. 22. 23. 193 on its own facts keeping in view the circumstances in which the dying declaration was made. (a) true (b) partly true (©) false (d)_ none of the above Estoppel deals with question of facts, and of rights. (a) true (b) partly true (c) false (d) none of the above A dying declaration is a weaker kind of evidence. It does not stand on the same footing as any other piece of evidence. (a) true (b) partly true (©) false (d) none of the above A presumption is an inference drawn from two facts, which are already proved or need not be proved. (a) true (b) partly true (c) false (d)_ none of the above Section _____ of the Indian Evidence Act, deals with latent ambiguity. (a) 92 (b) 93 (©) 94 (d) 95194 25. 26. 27. 28. Prosecution Officers’ Exat Indian Under Seri mess mY Be questioned,— y test his veracity, a discover who ele and what is his position in life, (©) to shake his credit by injuring his character (d) all the above Indian Evidence Act was drafted by— (a) Huxley (b) Lord Macaulay (©) Sir Henry Summer Maine (@ Sir James F. Stephen Relevancy and admissibility are— (a) co-extensive (b) synonymous (c) synonymous and co-extensive both (@)_ neither synonymous nor co- extensive What is correct as regards the admissibility of self-regarding statements— (a) self-harming Statement is admissible but a self-serving statement is inadmissible ow (b) self-servin *Serving statement j, ele but a sel harming Statement ig inadmissible — (©) self-serving and self-harming statements both admissible |“ Benevally mination Course Materia] 29. 30. 31, 32. 33. (@)_ self-serving and s statements both a, inadmissible elf-han Tin, < eenealy Under the law of evi, id general rule opinion oe °° &a of fact and law both ares fant (a) true (b) partly true (c) false (d)_ none of the above Facts can be— (a) physical (b) psychological (©) physical and psychological (d)_ none of the above Law of evidence is— (a) lexfori (b) Tex loci solutionis (c) lex situs (d) lex tallienis Law of evidence is— (a) an adjective law (b) a substantive law (c) both (a) & (b) (d)_ neither (a) nor (b) ce consists of The law of evidence Oring ordinary rules of rea (a) tue (b) partly true (c) false (d) none of the aboveEa 6, y, Law of Evidence pnder the Evidence Act, fact means (a) factum probandum fo) factum probans o both factum probandum and factum probans (@)_ none of the above proof of a fact depends — (a) on the accuracy of the statement and not upon the probability of its existence (b) on the artificial probative value assigned to a fact (c) not upon the accuracy of the Statement but upon the probability of its existence (d) on rigid mathematical demon- stration Standard of proof in civil and criminal cases is the same— (@) true (b) partly true () false (@ none of the above Under the law of evidence, the relevant fact must be— (a) legally relevant (b) logically relevant © legally & logically relevant ) none of the above Question of mode of proof is a Westin of— r ® aw which can be raised at any time Le 39, 40. 41. 42. 195 (b) procedure but has to be raised at the first opportunity and Stands waived if not raised at the first Opportunity Procedure which can be raised at any time (d)_ none of the above (c) Fact in issue means the fact, existence or non-existence of which is— (a) (b) ©) @) Relevancy is question of law which can be— (a) waived (b) raised at any time (c) raised at the first opportunity (d) none of the above ‘Self-regarding’ statements can be— admitted by the parties disputed by the parties not disputed by the parties none of the above @ () ©) self-harming statements self-serving statements self-serving or self-harming statements (d)_ none of the above The facts which form part of the same transaction are relevant under Section of the Indian Evidence Act. (a) 6 ) 7 ©) 8 @ 9196 43. 44, 45. 47. inatl ial Prosecution Officers’ Examination Course Material Presumptions under the law of evidence are (@) presumptions of law (b) presumptions of facts (©) both (a) & (b) (@)_ none of the above Evidence under the Indian Evidence Act includes— @) (b) (©) qd) ocular evidence both ocular and documentary evidence documentary evidence ecular evidence based on documents only A fact forming part of the same transaction is relevant under Section 6 of the Evidence Act though not in issue and may have occurred at the same time and place or at different times and places (@ tre (b) partly true (©) false (@) none of the above Under Section 8 of the Evidence (a) conduct is relevant (b) motive is relevant (c) preparation is relevant (d) all the above Alibi is governed by Section of the Indian Evidence Act. (a) 6 (b) 8 (©) 1 (a) 12 48. 49. 50. 51. Under Section 9 of the Evidence Act the identification parades of— (a) (b) (c) (d) Things said or done by a conspirator in reference to the common design is relevant under Section of the Indian Evidence Act. (a) 6 (b) 8 © 10 @) 12 suspects are relevant chattels are relevant both (a) & (b) are relevant none of the above Several classes of facts, which are connected with the transaction(s) in a Particular mode, are relevant under Section ___ of the Indian Evidence Act. (@) 6 (b+) 7 ©) 8 (@) Section 9 Under Explanation I to Section 14 of the Evidence Act— (a) evidence having a distinct and immediate reference to the Particular matter in question is admissible evidence of general disposition, habit or tendencies is inadmissible both (a) & (b) are correct both (a) & (b) are incorrect (b) ©) @)52+ 53. 54, 55. Law of Evidence ‘A confession made by a conspirator involving other members is relevant against the co-conspirator jointly tried with him and is admissible under of the Indian (©) 15 (d) none of the above Motives of preparation and conduct are relevant under Section of the Indian Evidence Act. @ 6 (b) 7 (©) 8 (d) 9 Transaction and instances relating to a right or custom are relevant under Section of the Indian Evidence Act. (a) 6 (b) 8 (©) -10 @ 13 Previous conviction of a person is relevant under Explanation _____ of the Indian Evidence Act. (a) I to Section 14 (b) II to Section 14 (©) III to Section 14 (@)_IV to Section 14 Section 13 of the Evidence Act applies to— 57. 58. 60. 197 (a) corporal rights (b) incorporal rights (©) both corporal and incorporal rights (d)_ neither (a) nor (b) For conduct to be relevant under secon 8 of the Evidence Act, (a) must be previous (b) must be subsequent (c) may be either previous or subsequent (d) none of the above Indian Evidence Act applies to proceedings— (a) before the arbitrate (b) before tribunals (c)_ in courts (@) all the above Section 14 of Evidence Act makes relevant the facts which show the existence of— (a) any state of body or bodily feeling (b) any state of mind (©) either state of mind or of body or bodily feeling (4) a particular state of mind and a state of body Section 13 of the Evidence Act is not confined to public rights and covers private rights also (a) true (b) partly true (©) false (d) none of the above61. 62. 63. 64, Under Section 15 of Evidence Act facts showing series of similar occurrences, involving the same person are relevant when it is— certain that the act is done innocently certain that the act is with guilty knowledge uncertain whether the act is intentional or accidental @ either (b) or (c) Admission has been defined as a statement made by a party or any person connected with him, Suggesting any inference as to a fact in issue or relevant fact under certain circumstances, under Section of the Indian Evidence Act. (a) 16 (b) 17 (c) 18 @ 19 Admissions bind the maker in So far as it relates to— @ (0) © @ @ © question of facts question of law both on questions of facts & of Jaw none of the above @ Admission can be— (@) formal (6) informal (©) @ either formal or informal none of the above 66. 67. 68. on Course Material 18 Prosecution Officers’ Exami _ 65. Admission’ (a) (b) © (d) conclusive proof of the matters admitted not conclusive proof of the matters admitted but operate as estoppel conclusive proof of the matter and also operate as estoppel none of the above Admissions— @ (b) © qd) can be examined in parts can be examined as a whole or in parts must be examined as a whole and not in parts none of the above Admissions by agents are admissible in both criminal and civil proceedings (@) (b) (c) @ true partly true false none of the above Admission to be relevant— @) (b) ©) (d) must be made to the party concerned & not to a stranger must be made to a stranger it is immaterial as to whom admission is made and an ve made to a stranger is None of the above69 70. 71, 72. Law of Evidence 199 when the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit under Section of the Indian Evidence Act. (@ 17 (b) 18 () 19 (4) 20 Communication made ‘without prejudice’ are protected by virtue of Section ___ of the Evidence Act— (a) 22 (b) 23 (c) 24 (d) 25 Persons who can make admissions are mentioned under Section of the Indian Evidence Act. (a) 17 (b) 18 (c) 19 (@) 20 Mode of proof of a custom is contained under Section of the Indian Evidence Act. (a) 32(4) (b) 32(7) (©) 48 (d) all the above (Part-4-13) 73. 74. 75. 76. Admissions made by a party are evidence against— (a) privies in blood (b) privies in law (©) privies in estate (a) all the above Admissions— (a) must be in writing (b) must be oral (c) either oral or in writing (d)_ none of the above Facts which are necessary to explain or introduce relevant facts of place name, ‘date, relationship & identity of parties are relevant under Section of the Indian Evidence Act. (a) 8 (b) 9 (c) 10 qd) il 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, unde! Section ___ of the _Indiar Evidence Act. (a) 18 (b) 19 (©) 20 @ 21200 77, 78. 79. Prosecution Officers’ Examination Course Material Section 24 of the E applies under— elevieene he (@) the inducement, threat or Promise comes from a person in authority (b) the inducement is of a temporal kind (c)_ the inducement is spiritual or religious (d)_ only (a) & (b) are correct Confession caused by inducement, threat or promise is given under Section of the Indian Evidence Act. (a) 23 (b) 24 (c) 25 (4) 26 A confession to be inadmissible under Section 25 of Evidence Act may relate to the same crime or another crime— (a) tre (b) partly true (c) false (d)_none’of the above Which of the following Is not given under Section 25 of the Evidence Act confessions made to— (a) custom officers (b) a member of Railway Protection Force (c) an officer under FERA (d) all the above 81. 82. 84. Under Section 27 of the Indian Evidence Act— (a) the whole admissible both are admissible depending on the facts & circumstances of the case only that portion which distinctly relates to the discovery is admissible (d)_none of the above statement is (b) ©) Aretracted confession cannot be made solely the basis of conviction under any circumstances (a) true (b) partly true (©) false (d)_ none of the above A confession made by a person while in police custody is inadmissible under Section of the Indian Evidence Act. (a) 25 (b) 26 (c) 27 (d) 28 A confession made to a police officer is inadmissible under Section of the Indian Evidence Act. (a) 24 (b) 25 (©) 26 (d) 2785. 86. 87. applies to discovery of some fact which— (a) the police had not previously Jearnt from other sources and was first derived from the information given by the accused (b)_ the police had previously learnt from other sources (c)_ the police had previously learnt from other sources and the accused has also given information regarding the same (d) all the above A confession made while in police custody Is admissible under Section 26 of Evidence Act if made in the presence of a— (a) Captain of a vessel (b) Doctor (c) Magistrate (d) all the above Under Section 27 of the Evidence Act, ‘discovery of fact’ includes— (a) the place from where it is produced (b) the object found (c) both (a) & (b) (d) neither (a) nor (b) Section 27 of the Indian Evidence Act controls— (a) Section 24 (b) Section 25 (©) Section 26 (d) all the above Law of Evidence 201 section 27 of the Evidence Act 8! 9. Confession of an accused is admissible against the other co- accused under Section of the Indian Evidence Act. (a) 28 (b) 29 (©) 30 @ 31 90. ‘Necessity rule’ as to the admissibility of evidence is contained in Evidence Act under— (a) Section 31 (b) Section 32 (c) Section 33 (d) Section 34 91. Confession of one accused is admissible against co-accused if they are tried— (a) jointly for different offences (b) for the same offences but not jointly (c) jointly for the same offences (d) for different offences and not jointly 92. Necessity rule as to the admissibility of evidence is applicable, when the maker of a statement is— (a) a person who can not be found (b) a person who can be found but his attendance can not be procured without unreasonable delay or expenses (c) dead or has become incapable of giving evidence (d) all the above202 93. 94, 95. 96. Pooseoution OF Section 27 of the Evidence Act applies when the person— (giving information is an accused and is in police custody in police custody but not an ed (b) (c)__ is neither in police custody nor an accused (@) giving information is an accused but not in police custody Declaration as to custom are admissible by Evidence Act under— (a) Section 32(1) (b) Section 32(2) (6) Section 32(6) (@ Section 32(9) Under Section 32 of the Evidence Act, a statement of a person who is dead, to be admissible— (a) may relate to the cause of someone else death (b) may relate to the cause of his own death or someone else’ death (c) must relate to the cause of his own death (d)_ none of the above A dying declaration can form the sole bi of conviction— (a) only on corroboration by independent witness (b) without any corroboration by independent evidence vers’ Examination Course Material (©) either (a) oF ()_ none of the above 97. Declaration in ca are admissible ‘unger ai of the Indian eviges™ e Ret. @ 3271) (b) 32(2) (©) 32) (4) 32(4) 98. Under Section 32(4) of E Act, the declaration cae (a) public rights & customs are admissible (b) private rights & customs are admissible (©) both public and private rights and customs are admissible @_ only customs are admissible 99. Under Section 45 of the Evidence Act the opinion of expert can be on the question of— (@ Foreign law (b) Indian law (c) both (a) & (b) (d)_ none of the above to be 100. A dying declaration to, 0e admissible may be made befo = (2) Magistrate (b) police officer oe (©) a doctor or a private Per (d) all the above SS ell102. 103. 104, Law of Evidence 203 401. The court may in its discretion call for proving the facts— (a) which have been admitted otherwise than such admissions of which judicial notice has to be taken both (a) & (b) none of the above (b) © @ A disputed handwriting can be proved by— (@) () calling an expert comparison of the two-admitted & disputed examining a person acquitted with the handwriting of the writer of the questioned document all the above (©) (d) Opinion of an expert under Section 45 of the Indian Evidence Act is— (a) a conclusive proof (b) ©) not a conclusive proof supportive & corroborative in nature none of the above (d) Entries in the books of accounts regularly kept in the course of business are admissible under Section 34 of the Evidence Act irrespective of whether they themselves create a liability or not, (@ true (>) partly true (©) false (d)_ none of the above 105. The relationship in Section 50 106. 107. 108. of Evidence Relationship by— (a) blood only (b) blood or marriage Act means () blood or marriage or adoption (d) none of the above When the court has to ascertain the relationship between one person and another, the opinion of any person having special means of knowledge is admissible under Section of the Indian Evidence Act. @ 49 (b) 50 © 51 (d) 52 The person whose statement is admitted under Section 32 of the Evidence Act— (a) must be competent to testify (b) may or may not be competent to testify need not be competent to testify none of the above © @) Opinions of experts are relevant under Section of the Indian Evidence Act. (a) 45 (b) 46 (c) 47 (d) 48109. A dying admissible— (a) only in civil pt : (b)_ only in criminal proceedings (c) in civil and criminal proceedings both (d)_ none of the above roceedings 110. The res inter alia acta |s receivable under Section __ of the Indian Evidence Act. (a) 45 (b) 46 () 47 (d) 48 111. Under Section 45 of the Evidence Act, the opinion of expert can be for— (a) identity of finger impression (b) identity of hand writing (c) both (a) & (b) (d) none of the above 112. Opinion as to relationship of marriage under Section 50 of the Indian Evidence Act— (@) is admissible in proceedings under Indian Divorce Act (b) is admissible in cases of offences against marriage (©) both (a) & (b) (d)_none of the above 113. List of facts of which notice has to be ¢; ea : faken und, Section 57 ler re of the Evidence Act 114. Cont jaterial (b) (c)_ both (a) & (b) (d)_ none of the above tents of a document under Section 59 of the Evidence Act— (a) can not be proved by oral evidence (b) can be proved by oral evidence (c) may or may not be proved by oral evidence (d) none of the above 115. Contents of a document may be proved under Section 61 of the Evidence Act— (a) _ by primary evidence (b) by secondary evidence (©) either by primary or by secondary (d)_ none of the above 116. Facts of which the judicial notice is to be taken are stated under Section of the Indian Evidence Act. (a) 55 (b) 56 (©) 57 (d) 58 117. ‘Secondary evidence of # document’ means— (8) copies of that document (©) oral account of the contents of the documentsLaw of Evidence 205 th (a) & (b) both ( (c) who has seen and read the 338: 119. 120. Qa, ( )_none of the above ocuments which are not ed under Section 74 of the cover evidence Act are called— (a) private documents b) c) semi-public documents ( quasi-public documents ( @ all the above facts which need not be proved by the parties include facts— (a) which have been admitted by the parties at or before the hearing of which judicial notice has to be taken both (a) & (b) none of the above (by © @) Secondary evidence of a document is admissible as a substitute for— (a) inadmissible primary evidence under certain circumstances inadmissible primary evidence under all the circumstances admissible primary evidence none of the above (b) © (¢) Oral account of the contents of @ document is admissible when given by a person— (@) who has seen but not read the document to whom the document was read over (b) document (d) all of the above . 121A. ‘A Will is required to be proved 122. 123. 124. by calling at least one attesting witness when it is— (a) admitted (b) registered (c) unregistered (d) all of the above Maxim ‘omnia proesumuntur rite esse acta’ means all acts are presumed to be— (a) not rightly done (b) rightly done (c) wrongly done (d) none of the above Principle of ‘omnia proesumuntur rite esse acts’ is contained in Section ____ of the Indian Evidence Act. (@ 77 (b) 79 (c) 81 (d) 83 ‘The circumstances under which the secondary evidence Is admissible have been enumerated in Section of the Indian Evidence Act. @ 8 (b) 64 (©) 65 @ 66206 125. A document required 126. 127. 128, 129, Prosecution by law to 2d under be attested can be proved une Section 68 of the Evidence only by calling— ; (a) both the attesting witnesses has the some other person who e knowledge of the contents _ (©) at least one of the attesting @ witnesses all of the above Secondary evidence is admissible where the non- production of primary evidence— (a) has been accounted for (b) has not been accounted for (6) both (a) & (b) (4) neither (a) nor (b) Section 79 of the Evidence Act contains (a) rebuttable presumption of law (b) an irrebuttable Presumption of law © @ @ presumption of fact none of the above plans made by— (@) the authority (b) private pe; (©) both (a) & (6) above (@) none of the above of Government IS n Officers” Examinati 130. 131. 132. 133, on Course Material (b) original documents (c) uncertified copies (d) all the above Section 90 of the Evidence Act applies— (a) testamentary documents (b) non-testamentary documents (©) both testament and nop. testamentary documents @ none of the above Section 79 of the Evidence Act applies to— (a) certificates issued Government officer (b) certified copies issued bya ©) by a Government officer other documents duly certified to be genuine by a Government officer (d) all the above In cases of Wills, the period of thirty years shall run from the date of— (a) the death of the testator (b) the will (©) registration of the Will, is registered none of the above @) Due execution of a document more than thirty years old coming from proper custody, is @) (b) (©) (d) Tebuttable presumption of law Presumption of fact itrebuttable presumption of law None of the aboveLaw of Evidence ion 88A of Evi 207 4, section vidence Act i Srovides for presumption asto. 128 The want or failure of 135. 437, (a) the person to whom the message is sent (b) the electronic message forwarded corresponds with the message as fed in the computer (c) both (a) & (b) (d) none of the above Where the writing is a fact in issue, Section 91 of the Evidence Act— (a) prohibits admission of oral evidence to prove the contents of a document (b) permits admission of oral evidence to prove the contents of a document (c) both (a) & (b) (d) none of the above 91 of the Evidence Act prohibits admission of oral evidence as to the existence or non-existence of a factum. (a) true (b) partly true (c) false (4) none of the above Section 92 of the Evidence Act is applicable to disputes feen— (@) the parties to the instrument only (b) two strangers where the document is in question (©) a party to the instrument and a stranger () all the above 139. 140. 141. consideration as contemplated under Proviso 1 to Section 92 of the Evidence Act invalidating a document is a— (2) partial want or failure (b) complete want or failure (c) substantial want or failure (d)_ none of the above Section 91 of the Evidence Act applies to— (a) transactions which are reduced into writing voluntarily (b) transactions which must be in aa (c)_ both (a) & (b) (d) none of the above Period of thirty years under Section 90 of the Evidence Act is to be reckoned from the date on which the document— (a) filed in the court (b) relied upon (c) tendered in evidence, when genuineness becomes a subject of proof (d) all the above Oral evidence under Section 60 of the Evidence Act may be— (a) hearsay (b) direct (c)_ both (a) & (b) (d)_ none of the above208 142, 143. 144, 145, 146, Prosecution Section 92 of the Evidence Act applies to~ (a) bilateral documents (b)unilater (c) both (a) & (b) (d)_none of the above Electronic record In proper custody gives rise to @ presumption as to the digital signature, to be affixed by that particular person under Section 90A of the Evidence Act If the electronic record produced Is— ‘| documents (a) 5 years old (b) 10 years (c) 15 years (d)_ 20 years Public documents are mentioned in Section ___ of the Indian Evidence Act. (a) 72 (b) 73 (c) 74 (d) 75 Presumption as to Yenuineness of gazettes in electronic form has been dealt with in Section of the Indian Evidence Act. (a) 723A (by) BIA (c) BBA (d) 904, Mistake referred to In Proviso 1 to Section 192 Act refers ton! the Evidence (4) mutual mistake 147. 148. 149. 150. | Officers’ Examination Course Material (b) unilateral mistake ~~ (c) both (a) & (b) (d) none of the above Admissibility of electronic has been prescribed in Secti x of the Indian Evidenee (a) 55 (b) 65A (c) 65B (d) 76 Section 90 of the Evidence Act applies— (a) testamentary documents (b) non-testamentary documents (c) both testament and non- testamentary documents (d)_ none of the above Presumption as to the accuracy of maps & plans made by the authority of Government Is contained in Section the Indian Evidence Act. (a) 81 (b) 82 (c) 83 (d) 84 Due execution ane authentication of a power © attorney shall be presume under Section 85 of the Evidenct Act when executed before authentication by— (a) a judge (b) a magistrate (c) a notary (d) all the aboveaa 453+ 153. 154, Tapp. . Under Law of Evidence 155. Extrinsic evidence to show the Section 91 of the Evidence Act applies to documents which are— (a)_ bilateral (b) tripartite (c)_ unilateral (d) alll the above Section 92 of the Evidence Act oral evidence to explain the real nature of the transaction is admissible where the document— (a) records all the terms of the contract (b) does not record all the terms of the contract (©) documents is complete in itself (d)_ none of the above Section 92 of the Evidence Act prohibits admission of oral evidence, in respect of a written document, for the purpose of— (a) adding to its terms (b) contradicting its terms (c)_ varying its terms (d) all the above Under Proviso 2 to Section 92 of the Evidence Act oral evidence is admissible 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 (a) true (b) - partly true (©) false (d) none of the above 14] 158. Burden of 209 meaning or supply the defects in an instrument, is prohibited under Section 93, of the Evidence Act in respect of— (a) ambiguitas latens (b) ambiguitas patens (c) both (a) and (b) (d)_ none of the above 156. ‘Burden of proof” means— (a) the burden of proof as to introduction of evidence (b) the burden of proof as a matter of law and pleadings is burden of establishing a case (c)_ both (a) & (b) (d)_ none of the above 157. Burden of proof substantially determines the right to begin (a) true (b) partly true (c) false (d)_ none of the above proof under Section 101 of the Evidence Act— (@)_ may shift (b) never shifts (©) goes on shifting as the trial proceeds (d) none of the above 159. Burden of proof is lightened by— (a) admissions (b)_estoppels () presumptions (d) all the above210 Prosecur i 160. Under Proviso 4 to n 92 164. The test of ascertaining on of the Evidence Act, oral e Vidence is admissible in cases Where— @) the law required the contract to be in writing () the contract has been written Voluntarily & Not required by laws to be so writen © the contract h; under the | documents (@) none of the above ‘as been registered law of registration of roducing evidence fon 102 of the Act— (2) constantly shifts (b) never shifts © Occasionally shifts @)_ none of the above 162. Section 105 of applies to— (@) civil trials (b) criminal trials (©) both (@) & (b) () none of the above the Evidence Act 163. In criminal trials, the accused to case falls in any the onus is on Prove that his of— (@) the general xception (b) the special exception (©) the proviso to am YY Provision @ all the above which side the burd, en of Proof lies is contained in Section of the Indian Evidence Act. (a) 100 (b) 101 (©) 102 @) 103 165. In criminal trials, the accuseg has to establish hig Plea mitigation or iustification Of an offence— (a) beyond reasonable doubt (®) substantially (©) prima facie (4) none of the above 166. Section 106 of the Evidence Act 's applicable to such matters which are Capable of being known to the persone other than the defendan: (@) true (®) partly true © false @ none of the above 167. In criminal Proceedings, the burden of Proof is on— ©) the: ‘netasad innocence (©) the prosecution to Prove the Built of the accused ©) both the parties (none of the above to prove his169.“ 170, Which i 71, Section 11 Perc se 211 Law of Evidence minal trials, it is bound to me the absence of the case accused falling in any general or special exceptions or the proviso to the provision under which the accused Is charged— (a) true (b) partly true (c) false (@) none of the above in Section 106 of the Evidence Act refers to— (a) a person who is not a party to the suit but interested in the outcome of the suit (b) a stranger to the State (c) a witness (@)_all the above , inc 165" presul of th ‘Any person’ s true as to the standard of proof in criminal & civil in criminal proceedings proceedings the stand is beyond reasonable doubt while in civil proceedings it is ‘upon the balance of probabilities’ (a) true (b) partly true (c) false (d)_none of the above B 0 of the Evidence Act in its operation is— (a) limited to movable property (b) limited to immovable property (©) not limited to immovable property an applies to moveable property aS well (d)_ none of the above 172. 173. 174. 175. 176. The presumption of continuance of life is cont \d in Section ____ of the India Evidence Act. (a) 106 (b) 107 (©) 108 (d) 109 The presumption under Section 109 of the Evidence Act as to certain human relationship is obligatory and operates only for a period for which the state things which are the subject matter of presumption ordinarily lasts (a) true (b) partly true (©) false (d)_ none of the above jon contemplated The possessi' 4110 of the under Section Evidence Act is-— (a) actual physical possession (b) juridical possession (o)_ symbolic possession @ all the above Section 108 of the Evidence Act relates to— (a) presumption of legitimacy (b) presumption of life (©) presumption of death (d) presumption of relationship 12 of the Evidence Act Section 1: for. presumption of— provides (a) death (b) legitimacy (c) life (d) marriage212 Prosecution Offi tion 177. For presumption under Seci 107 of the Evidence Act, the person is to be shown to be alive— (a) within 3 years (b)_ within 7 years (©) within 12 years (d)_ within 30 years 178. Section 112 of the Evidence Act contains mixed presumption of fact & law. (a) true (b) partly true (c) false (d)_ none of the above 179. Presumption as to abetment of suicide by a married woman has been provided under Section __— of the Indian Evidence Act. (a) 112 (6) 113 (©) 113-A @ 14 180. Presumption under Section 112 of the Evidence Act is raised when a child is born— (a) within 280 days of dissolution of marriage, the mother remaining unmarried (b) during the continuance of valid marriage © in both (a) & (b) (d)_ none of the above ors’ Examinatis 181. 182. 183. 184, jon Course Material For presumption of death under Section 108 of the Evidence Act, the person shown to be not heard for a period of— (a) 3 years (b) 7 years (c) 12 years (d) 30 years The principle that possession is prima facie proof of ownership is contained in Section of the Indian Evidence Act. (a) 109 (b) 110 () 111 (@) 112 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 the Evidence Act arises— (a) irrespective of whether the father is alive or dead on the day the child is born (b) if the father is alive on the day the child is born (©) if the father is not alive on the day the child is born (d)_ none of the above Section 114 of the Evidence Act Provides for certain— (@) presumption of fact (b) rebuttable presumptions of law (c) irrebuttable presumptions of law (4) none of the above213 Law of Evidence st jon shows on whom 18! Presumption under Sect! 114 of the Evidence Act can be ‘umpt 765: Presturden of proof lies— (a) tue (o) partly true © false (@_ none of the above 396. An accomplice is— (@ 4 competent witness against an accused cannot be a competent witness against an accused not a competent witness against (o) | © | an accused (@)_none of the above 187. Presumption under Section 113- A of the Evidence Act can be raised if the suicide by the married woman is committed within— (a) one year of marriage (b) three years of marriage (©) five years of marriage (d) seven years of marriage 188, Estoppel can be by— (a) pais arising from agreement or contract and from act oF conduct of mis-representation resulting in a change of position (b) deed resulting from entering into a solemn engagement as to certain facts (©) matter of record resulting from the judgment of a competent court (d) all the above 191. Section 1 192. Presumption as to de raised having regard to the common cause of— (a) human conduct (b) natural events (©) public and private business (@ all of the above 190. Estoppels are binding upon (a) litigating parties (b) privies of the litigating parties (c) strangers to the lis (a) both (a) & (b) only 12 of the Evidence Act applies when there is a dispute regarding— (a) paternity of a child (b) maternity of a child (c)_ both (a) & (b) (d) none of the above jowry death is contained in Section of the Indian Evidence Act. @ 11 (b) 112 (©) 113A (@) 113B 193. Estoppel is 2 rule of— (a) civil action (b) criminal action (©) both civil and criminal action (d) none of the abovejon Course Material “on officers? Bxaninallo® Course a prosecution ee 214 : factor under 299. Rule of ental se a fl af 194. The derio of the evidence ACI posse a of thee! frthe date of— / Becton : (a). conception of he child mae : a (b) birth of the child | 6 (o)_ both (a) & ® o (d)_ none of the @ @ 1 7 5, The estoppel 195" the Evidence by- (a) deed (0) pais (c) record (d) alll the above 196. Estoppel deals with question of- (a) facts (b) rights (©) both (a) & (b) (d)_ none of the above 197. Privilege in respect of judges & magistrates under Section of the Evidence relates questions which a witn: cannot be— (a) permitted to answer (b) compelled to answer (©) both (a) & (b) (@)_ none of the above 198. Estoppel— (@) is cause of action in itself (b) creates a Cause of action “ both (a) & (b) are Correct (@) none of the above f section 115 of et is an estoppel 0. Under Section 116 of ¢ 200. Unidence Act, the tenant't estopped from denying the titie to the property, of the— (a) actual owner (b) landlord (c)_ both (a) & (b) (d)_ none of the above 201. The doctrine of estoppel is contained in Section the Indian Evidence Act. (a) 112 (b) 113 121 (© 114 to (@) 115 ess 202. The doctrine of estoppel is a— (a) law of pleadings (b) rule of equity (c) rule of evidence (d) substantive law 203. Estoppel— (a) should be specifically (b) need not be specifically ples! (c) either (a) or (b) (d)_ neither (a) or (b) pleadedLaw of Evidence 204. In which of the following there is no estoppel— (a) against a statute (b) attestation of a deed (c)_ on a point of law (d) all the above . Estoppel operates in case of a tenant— (a) who remain in possession after the termination of tenancy by notice to quit during the continuance of tenancy both (a) and (b) none of the above (b) () @ . Estoppel can be— (@) (b) election negligence (©) silence (d) all the above . Under Section 118 of the Evidence Act who amongst the following are competent witnesses— (a) accused (b) child (c) lunatic (d) all the above . Admissibility of the evidence under Section 122 of the Evidence Act has to be adjudged in the light of the status on the— (a) (b) when the communication is sought when the evidence is to be given in the court 209. 210. 211, 212. i tA EAE EA 215 (c) date when the communication was made (d)_ none of the above A dumb person is a competent witness as provided under Section of the Indian Evidence Act. (@) 18 (b) 119 (©) 120 @ 121 Section 121 of the Evidence Act provides for privilege in respect of— (a) (b) husband and wife affairs of the State (c) official communication (@)_ judges and magistrates Oral evidence is admissible in cases where the contract has been written voluntarily & not required by laws to be so written, (a) true (6) partly true (0) false (d)_ none of the above A tenant or licences under Section 116 of the Evidence Act is estopped from denying the title of landiord— (a) after the creation of tenancy or licence (b) after the surrender of Possession under tenancy or licence (c) at the beginning of the tenancy or licence @ all the abovejon Course Material Prosecution Officers’ Exam 216 if extends to communication of son Is competent to testify cand to oom 213. A per ; wre able to give rational ©) confines cation angel (a) s aronets to those questions applicable to ment ds the question put t© communication between tj © i : husband and wife he (c)_ both (a) &(b) (a) none of the above (@)_aone of the above 217. A husband oF wife are permitted 214, A communication made to the spouse during marriage, under Seetion 122 of the Evidence Act privileged remains Communication after the dissolution of marriage by divorce or death (a) true (b) partly true (©) false (d)_ none of the above 215. Communication in respect of the affairs of the state are privileged communication on the grounds of public policy under Section of the Indian Evidence Act. (@) (b) © @ 216. Protection under Si ection 12: the Evidence Act is— ab (@) confined to confidential communication and may be extended to communicati general nature oer ee confined to confidential munications only but 123 124 125 126 (b) 218. 219. to disclose any communication between them during marriage in- @) (>) © @) Protection under Section 122 of the Evidence Act— (a) can be waived by the witness with the consent of husband or wife only cannot be waived by the witness under any circumstances can be waived by the witness without the consent of the husband or wife (@_ none of the above matrimonial proceedings between the parties civil proceedings between the parties criminal proceedings between the parties all the above () © of which ovided f the Documents in respect privilege has been pr under Section 123 © Evidence Act is— (a) an unpublished o! (b) a published official record (©) both (a) & (b) (d)_ none of the above ficial recordLaw of Evidence 217 720. 21. 222, 223, communication from a husband fo a wife or vice versa, in the hands of a third person— @) (b) ©) is not admissible in evidence at all is admissible in evidence is not admissible in evidence until consented to by the writer of the communication none of the above @ In deciding whether the document falls in the category of ‘unpublished official record’ the court— (a) (b) (c) @ The professional privilege under Section 126 of the Evidence Act is available in respect of communication made— () (b) () (d) The protection under Section 126 of the Evidence Act extends to— can compel the production of the document for inspection has the jurisdiction to inspect the documents itself is banned from inspecting the document either (a) or (b) in the cause of employment for the purposes of professional employment both (a) & (b) none of the above (a) any fact observed showing the communication of any offence or fraud committed since commencement of employment 224, 225. 226. 227. (b) communication made in furtherance of any illegal design (c) both (a) & (b) (4) none of the above For protection under Section 124 of the Evidence Act, the communication is to be made to @ public officer— (a) in official confidence (b) as an ordinary cause of his duties : (c) as a routine matter (d) none of the above An accomplice is a competent witness under Section of the Indian Evidence Ac (a) 131 (b) 132 (ce) 133 (d) 134 An accomplice is a person who participates in the commission of the crime for which the accused has been charged. (a) true (b) partly true (©) false (d)_ none of the above Section 124 of the Evidence Act provides for privileged in respect of— (a) communications as to information of commission of offence official communications professional communications none of the above (b) (©) ()Prosecutior er’ nation COV! Exa ion Officers o before oross-exam! ination accomplice 228. Testimony of an accom sted before It is accepte upon— (a) must be corroborated independent source (b) must be corroborated from the from an testimony of another accomplice (©) need not be corroborated at all (@)_ either (a) or (©) 229. Examination in chief of a witness shall be by— (@)_ by the adverse party (b) the party calling the witness (©) both (a) &(b) (@)_ none of the above 230. Privilege in respect of husband & wife under Section 122 of Evidence Act relates to question which a witness cannot be— (@)_ permitted to answer (6) compelled to answer (©) both (a) & (b) @ _ none of the above 231. Legal advisor can disclose the communication after the relation with hi: ae is client has (a) true (b) partly true © false (4) none of the above 232. Re-examinati be done ® Witness can (@) after examin lation chi after cross-e chief ang ‘xamination 23: 23: 23! 231 ither (a) oF (®) the above . Husberent ate ee tora Soainst each other— (a)_in civil proceedings (b) in criminal proceedings / @) in both civil & criminal proceedings none of the above © ° (none of @) Protection under Section 122 of the Evidence Act is available— (a) husband & wife as a witness 4. (b) a witness (c) both (a) & (b) (d)_ none of the above 5. Question as to admissibility of evidence— @) may be decided as they arise or may be reserved until judgment should be reserved until judgment should be decided as they arise none of the above ) © @ 6. Re-exami shat nation of a witness (@)_ by the adverse party (b) by the party calling the witness (©) both (a) & (by . @) none of the above 75Law of Evidence Gross-examinat jon of a witness Jate to relevant facts but 7 aust rel need not be confined to what fh witness testified in examination in chief (a) true (b) partly true (0) false (d)_ none of the above , After re-examination of a witness, the adverse party has aright to further cross-examine the witness afresh in general (a) true (b) partly true (o) false (@_ none oF o-defendant in a case— (a) can be cross-examined by another co-defendant if their interests are identical (b) can be cross-examined by another co-defendant when their interests adverse to each other (©) cannot be cross-examined by another co-defendant under any circumstance (@) none of the above f the above Ac 239. court can permit leading questions during examination in chief or re-examination if they refer to the matters— (a) which are introductory (b) which are sufficiently proved (©) which are undisputed (a) either (a) or (b) of (©) 241, Re-examination of a witness can be for the purposes of— 240, 242. 243. 244. (a) explaining the matters referred to in the examination in chief explaining the matters referred to in cross-examination (d) all the above To an answer to @ court question, the adverse party (a) has no right to cross-examine the witness (b) hasa right to cross-examination as a matter of right (c) has a right to cross-examine only with the permission of the court none of the above tion in chief or leading @) During examinat re-examination question— (a) on. certain matter can be asked only with the permission of the court ‘on certain matters can be asked Githout the permission of the court, as a matter of right (c) cannot be asked under any circumstances (d) none of the above (b) During re-examination of a witness— (a) anew matter can be introduced as a matter of fight generally no new matter can be introduced at all anew matter can bei only with the permissi court none of the above (b) introduced ion of the © @Examination Cou icers” 220 Prosecution Offi cae. A leading question has been 45 of the defined question suggesting be the answer which the person ess may be . Under Section 1: revious Evidence Act, a witn cross-examined as to P! statement in writing— ithout proving the same ® only otter showing the same to the witness only after proving the same & showing the same to the witness. only after proving the same, may be without showing the same to the witness without proving the same and without showing the same to the witness - 246. Under Section 145 of the Evidence Act, a witness may be contradicted as to previous statement in writing— (a) without proving the same but only after showing the same to the witness without proving the same and without showing the same to the witness after proving the same and showing the same to the witness after proving the same may be before showing the same to the witness but &) © @ (b) © @ 247. A party/person who calls the witness can be permitted to cross-examine the witness so called by him, under Section of the Indian Evidence Act. (a) 152 (b) 153 (©) 154 @) 155 re Material putting it wishes or expects to receive. @ (b) (©) @ 249. Disc place from wl true partly true false none of the above ‘overy of fact’ includes the here it is produced and the object found. @) (b) © @) 250. Objections admissibi true partly true false none of the above as to the of a document in evidence can be— @) (b) © @ made at the first opportunity when the document is tendered in evidence can be made at any state during the trial raised for the first time in appeal all the above 251. The right to cross-examine on an answer to court question is available to— (a) (b) © @ the party calling the witness only the adverse party only either of the parties if the answer is adverse to either of the parties none of the above253. 254. 255. 256, Law of Evidence 252+ court question under Section 165 of Evidence Act can be put to @) (b) (©) @ Leading questions can be asked during— (@) (b) © (d) Due execution of a document more than thirty years old coming from proper custody, is a presumption of fact. (a) (b) © (d) Under Section 41 of the Evidence Act the presumption is with respect to judgments— @ (b) any witness any party both (a) & (b) neither (a) nor (b) examination in chief cross-examination re-examination all the above true partly true false none of the above in personam in rem when they are inter- parties in rem whether such judgments are inter-parties or not all the above ©) (d) A witness may be questioned to test his veracity or to discover who he is and what is his 257. 258. 259. 221 Position in life or to shake his credit by injuring his character, (a) true (b) partly true (©) false (4) none of the above Self-harming statement is admissible but a self-serving statement is generally inadmissible. (a) true (b) partly true (0) false (d)_ none of the above Proof of a fact depends on the accuracy of the statement and not upon the probability of its existence. (@) true (b) partly true (©) false (d)_ none of the above Evidence having a distinct and immediate reference to the particular matter in question is admissible and evidence of general disposition, habit or tendencies is inadmissible. (a) true (b) partly true (©) false (d) none of the above