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Relevancy of Confessions and Admissions (Judicial Se...

Description: Relevancy of Confessions and Admissions (Judicial Services)
Number of Questions: 15
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Tags: Judicial Services Law Legal Aptitude Law of Evidence Practice Test
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Whose character is relevant under Section 53 of Indian Evidence Act, 1872?

  1. Plaintiff

  2. Accused

  3. Defendant

  4. Victim

  5. Witness


Correct Option: B
Explanation:

Section 53 clearly mentions that the character of 'accused' is relevant. Hence, this is the correct answer.

D is an accused of commission of murder and was in the custody of a police officer. During police custody, he confessed his crime. He gave all information to the police officer. On the basis of this information, the police officer found the weapon of the murder.

Weapons found from the information of accused may be proved against him according to which of the following sections of the Indian Evidence Act, 1872?

  1. Section 25

  2. Section 26

  3. Section 28

  4. Section 27

  5. Section 29


Correct Option: D
Explanation:

Section 27 provides that anything found from the information given by the accused can be proved against him. 

A confessed in court to murdering X. B also gave evidence against A. But during trial, it appeared to the court that the confession was caused by inducement, threat or promise in reference to charge and such inducement, threat or promise was caused by B.

What is/are the value(s) of confession of A according to Section 24 of Indian Evidence Act, 1872?

  1. Relevant

  2. Irrelevant

  3. Relevant and admissible

  4. Relevant and inadmissible

  5. None of the above


Correct Option: B
Explanation:

Section 24 of the Indian Evidence Act starts from the word irrelevant. If ingredients of Section 24 are fulfilled, the confession will be irrelevant. The above stated fact fulfils the conditions of Section 24 (inducement, threat and promise) in reference to charge. Hence, this is an irrelevant confession. 

A helped B in the commission of a theft. After the commission of theft, they were arrested and a joint trial was started against both of them.(There are two stages provided in the statement. Before the trial started and after the trial started.)

What would you call A in the first stage?

  1. Co-accused

  2. Accomplice

  3. Approver

  4. Witness

  5. All of the above


Correct Option: B
Explanation:

A person helping in the commission of a crime is known as accomplice. He is known as an accomplice till the joint trial starts.

A, B and C were walking together. While walking, B said that he had lent Rs. 20,000 to A and Rs. 5,000 to C a few months ago. A admitted that he owes Rs. 20,000 to B. C, who was listening to both A and B, refused and said that he owes nothing to A.

Which of the following persons admission can be proved against himself/themselves according to Section 21 of Indian Evidence Act?

  1. A

  2. B

  3. C

  4. Both A and B

  5. Both B and C


Correct Option: A
Explanation:

According to Section 21, admissions can be proved against a person who is making them if the admission is self-harming. Here, A admitted to the fact that he owes Rs. 20,000 to B. So, this admission can be proved against him during trial.

B lends Rs. 5000 to C and asks him to make admission for the same in front of some other people. C agreed to do so.

In which of the following forms can C make an admission according to Section 17 of Indian Evidence Act, 1872?

  1. Oral

  2. Documentary

  3. Electronic

  4. All of the above

  5. None of the above


Correct Option: D
Explanation:

According to Section 17, admissions can be made in oral, electronic and documentary forms. This is a correct answer

What is the evidential value of self-harming admissions?

  1. Relevant

  2. Irrelevant

  3. Relevant and admissible

  4. Relevant and inadmissible

  5. None of the above


Correct Option: C
Explanation:

According to the presumption of the court, a normal person will not make such statements which will harm him. The Section provides that if a person is making such statements, then they will be relevant and admissible. 

Oral evidence can be given upon which of the following facts?

  1. Facts capable of being seen

  2. Facts capable of being heard

  3. Facts perceived by senses

  4. All of the above

  5. None of the above


Correct Option: D
Explanation:

Above stated facts are the necessary conditions of Section 60. For oral evidence, any one of the above stated facts must be fulfilled. So, this is the correct answer.

Oral admission is not relevant unless genuineness of the electronic record is in question under which of the following sections of Indian Evidence Act, 1872?

  1. Section 22

  2. Section 22A

  3. Section 23

  4. Section 21

  5. None of the above


Correct Option: B
Explanation:

Section 22A clearly provides that admissions are not relevant unless genuineness of electronic record is in question. So, this is the correct answer.

When should evidence of admission not be given according to Section 23 of Indian Evidence Act, 1872?

  1. When witness refuses

  2. When party refuses

  3. When parties agree together

  4. When witnesses agree together

  5. All of the above


Correct Option: C
Explanation:

Section 23 clearly provides for parties agreeing together about evidence of an admission not to be given. So, this is the correct answer.

Under whose threat is confession made by an accused not relevant as per the provisions of Section 24 of Indian Evidence Act?

  1. Threat by a person in authority

  2. Threat by a police officer

  3. Threat by a magistrate

  4. Threat by both police and magistrate

  5. All of the above


Correct Option: A
Explanation:

The words used under Section 24 are 'threat or inducement caused by a person in authority'. Thus, if a threat or inducement to make a confession is caused by a person in authority, such confession is irrelevant. 

According to Section 29 of Indian Evidence Act, 1872, confessions otherwise relevant do not become irrelevant because of some facts.

Which of the following facts will not affect the relevancy of confession as per the provisions of the above section?

  1. Promise of secrecy

  2. Deception practiced

  3. Drunk

  4. Not warned

  5. All of the above


Correct Option: E
Explanation:

All of the above answers contain the ingredients of Section 29. According to it, all the above stated facts will not affect relevancy of the confession. So this is the correct answer.

X and Y were tried together for the same offence. During trial, Y confessed to the offence. It affected him and his co-accused.

Under which of the following sections of the Indian Evidence Act, 1872 is the confession of Y relevant?

  1. Section 30

  2. Section 31

  3. Section 25

  4. Section 26

  5. None of the above


Correct Option: A
Explanation:

Section 30 includes all ingredients of above stated facts (persons more than one, tried jointly, same offence, confession made by one, affecting himself and others). So, this is the correct answer.

Confession made under Section 25 is not admissible to

  1. police officer

  2. judicial magistrate

  3. executive magistrate

  4. any person

  5. All of the above


Correct Option: A
Explanation:

Section 25 clearly provides that confession made to a police officer shall not be proved against person accused. So, this is the correct answer.

In which of the following cases is section 23 of Indian Evidence Act applicable?

  1. Civil cases only

  2. Criminal cases only

  3. Both civil and criminal cases

  4. Arbitration proceedings

  5. All of the above


Correct Option: A
Explanation:

Section 23 starts from the words “admission in civil cases”, these words are suggestive of the fact that section 23 is applicable on civil cases only.

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