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Relevancy of Facts (Judicial Services)

Description: Legal Aptitude
Number of Questions: 15
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Tags: Legal Aptitude Relevancy of Facts Judicial Services Law of Evidence
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Who defined fact as 'a physical and psychological fact'?

  1. Jeremy Bentham

  2. Justice Munir

  3. Sir James Stephen

  4. Holroyd J.

  5. Both 1 and 2


Correct Option: A
Explanation:

Jeremy Bentham was an English philosopher who defined fact as 'a physical and psychological fact'.

According to Section 58 of the Indian Evidence Act (1872), evidence need not be given when

  1. denied by party

  2. proved by party

  3. disproved by party

  4. admitted by party

  5. All of the above


Correct Option: D
Explanation:

Section 58 clearly mentions that when a fact is admitted by party, then there is no need to give evidence. 

Anything, state of things or relation of things capable of being perceived by senses is a fact.

Which of the following is/are correct in relation to the given statement?

  1. Psychological fact

  2. Physical fact

  3. Both physical and psychological facts

  4. Fact in issue

  5. Relevant fact


Correct Option: B
Explanation:

Jeremy Bentham stated the given fact as a physical fact that can be perceived by outer senses.

A is accused of raping B. To prove her case, B has collected the evidence with illegal means.

What is the evidentiary value of this evidence?

  1. Relevant

  2. Irrelevant

  3. Relevant and admissible

  4. Relevant and inadmissible

  5. Both 3 and 4


Correct Option: C
Explanation:

This is the correct option. According to above stated facts, this evidence is relevant and admissible as provided by the Supreme Court in the case of Magraj Patodia vs. R. K. Birla.

A was arrested during commission of theft. He confessed before a police officer. He confessed again when he was produced before the judicial magistrate.

What is the evidentiary value of his confession before the magistrate?

  1. Relevant only

  2. Admissible only

  3. Reliable only

  4. Relevant, admissible and reliable

  5. None of the above


Correct Option: D
Explanation:

Confession before magistrate is a good piece of evidence and it is relevant and admissible too. A magistrate can rely on this confession because it is made to him without any fear. So, confession before magistrate is relevant, admissible and reliable.

A, B and C are accused of commission of theft. While committing theft, A was seen by several people and they identified him before magistrate. Later on, a witness died. On the other hand, B confessed before the police that he had committed the theft.

Who can be convicted on the basis of given facts?

  1. Only A

  2. Only B

  3. Only C

  4. Both A and B

  5. A, B and C


Correct Option: A
Explanation:

A was seen by several people and was identified before the magistrate. These is a 'beyond reasonable doubt evidence' and A can be convicted on these facts.

B, C and D committed theft in A's house. A, after commission of theft, lodged an FIR and told the police that he could identify the accused persons. Police arrested all the accused and A was asked to identify the accused.

Test identification parade of accused persons can be conducted before

  1. police officer

  2. executive magistrate

  3. judicial magistrate

  4. All of the above

  5. None of the above


Correct Option: D
Explanation:

Identification can be conducted before all the above stated persons, though identification before a judicial magistrate has more value than other persons.

Whose conduct is relevant under Section 8 of the Indian Evidence Act, 1872?

  1. Any party

  2. Agent to any party

  3. Offence against whom

  4. All of the above

  5. None of the above


Correct Option: D
Explanation:

Section 8 includes all the above. Hence, this is the correct answer.

A kidnapped B for extortion of money.

Which of the following is a suitable circumstantial evidence for the above stated fact?

  1. Preparation

  2. State of things

  3. Motive

  4. Conduct

  5. Effect


Correct Option: C
Explanation:

A kidnapped B for money. This fact shows the motive of A behind kidnapping. Kidnapping was for money. So, this is a relevant circumstantial evidence.

A and C were running in a street. B, who was passing nearby, accidently hit A with a wooden stick. A filed an FIR against B. During trial, B gave evidence of his good character, which he failed to prove. A further gave evidence of the bad character of B. C, who was running with A, gave evidence on the whole incident.

Whose evidence is relevant on character according to Indian Evidence Act, 1872?

  1. Only A

  2. Only B

  3. Only C

  4. Both A and B

  5. A, B and C


Correct Option: D
Explanation:

This is correct. According to Section 53 of the act, evidence on previous good character of the accused is relevant. The evidence given by opposition is also relevant.

A bought poison to kill C. He mixed poison in C's food. After killing C with poison, A stole C's car and ran away. B saw A leaving C's house. There was no evidence of fact in issue, i.e. no direct evidence of murder of C. The whole case depends upon circumstantial evidence.

Which of the following is/are circumstantial evidence?

  1. Motive

  2. Preparation

  3. Previous conduct

  4. Subsequent conduct

  5. All of the above


Correct Option: E
Explanation:

The above stated facts include and show motive, preparation, previous conduct and subsequent conduct of the accused A. A can be convicted on the basis of above stated circumstantial evidences. Hence, it is the correct answer.

Which of the following is considered as the standard of proof of evidence to convict an accused person under criminal law?

  1. Balance of convenience

  2. Beyond reasonable doubt

  3. Below reasonable doubt

  4. Discretion of court

  5. None of the above


Correct Option: B
Explanation:

This is the correct answer. According to Holroyd J, it is better that ten guilty men should escape rather than the conviction of one innocent person. So, standard of proof must be beyond reasonable doubt.

Under Indian Evidence Act (1872), the party that calls the person can impeach the credit of that person.

Who among the following has/have an impeached credit?

  1. Victim

  2. Accused

  3. Witnesses

  4. Other persons

  5. None of the above


Correct Option: C
Explanation:

Section 155 of Indian Evidence Act clearly mentions that credit of a witness can be impeached by the party who calls him (opposition), with the consent of the court.

A, B and C were accused of committing theft. C, after obtaining pardon, becomes an 'approver' under Section 306 of Code of Criminal Procedure, 1973. Note: All the accused had committed the offence together.

Who is/are liable to be convicted as per the provisions of Indian Evidence Act, 1872?

  1. Only A and C

  2. Only A and B

  3. Only C

  4. Only B and C

  5. A, B and C


Correct Option: B
Explanation:

Statement of C as an approver will be relevant and admissible. C will not be treated as an accused after becoming an approver and C's evidence will be used against A and B, which proves their liability.

Which of the following have described 'facts forming part of the same transaction' as being a part of 'res gestae'?

  1. Indian writers

  2. English writers

  3. American writers

  4. Only English and American writers

  5. All of the above


Correct Option: D
Explanation:

Correct Answer: Only English and American writers

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