The Indian Evidence Act, 1872

Description: The Indian Evidence Act, 1872 is a comprehensive legislation that governs the admissibility of evidence in legal proceedings in India. It was enacted on 1 September 1872 and has been amended several times since then. The Act is divided into 11 chapters and 167 sections. It covers a wide range of topics, including the competency of witnesses, the relevance of evidence, and the examination of witnesses.
Number of Questions: 10
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What is the purpose of the Indian Evidence Act, 1872?

  1. To govern the admissibility of evidence in legal proceedings in India.

  2. To define the rights and duties of witnesses.

  3. To prescribe the procedure for the examination of witnesses.

  4. To determine the weight to be given to evidence.


Correct Option: A
Explanation:

The Indian Evidence Act, 1872 is a comprehensive legislation that governs the admissibility of evidence in legal proceedings in India. It was enacted on 1 September 1872 and has been amended several times since then. The Act is divided into 11 chapters and 167 sections. It covers a wide range of topics, including the competency of witnesses, the relevance of evidence, and the examination of witnesses.

Who is competent to testify as a witness in a legal proceeding?

  1. Any person who has attained the age of 18 years.

  2. Any person who is of sound mind.

  3. Any person who is not a party to the proceeding.

  4. All of the above.


Correct Option: D
Explanation:

According to Section 118 of the Indian Evidence Act, 1872, all persons are competent to testify as witnesses, except those who are: (a) of unsound mind; (b) intoxicated; (c) unable to understand the proceedings; (d) parties to the proceeding; (e) convicted of an offence involving dishonesty or moral turpitude.

What is the relevance of evidence?

  1. Evidence that is logically connected to the facts in issue.

  2. Evidence that is material to the facts in issue.

  3. Evidence that is probative of the facts in issue.

  4. All of the above.


Correct Option: D
Explanation:

According to Section 3 of the Indian Evidence Act, 1872, relevance is the logical connection between the evidence and the facts in issue. Evidence is relevant if it is logically connected to the facts in issue, material to the facts in issue, and probative of the facts in issue.

How are witnesses examined in a legal proceeding?

  1. By the judge.

  2. By the jury.

  3. By the parties to the proceeding.

  4. By all of the above.


Correct Option: D
Explanation:

Witnesses are examined in a legal proceeding by the judge, the jury, and the parties to the proceeding. The judge has the power to control the examination of witnesses and to ensure that it is conducted in a fair and orderly manner. The jury is responsible for determining the facts of the case, and the parties to the proceeding are responsible for presenting their evidence and arguments to the jury.

What is the hearsay rule?

  1. A rule that prohibits the admission of evidence that is not based on the personal knowledge of the witness.

  2. A rule that prohibits the admission of evidence that is not relevant to the facts in issue.

  3. A rule that prohibits the admission of evidence that is not material to the facts in issue.

  4. A rule that prohibits the admission of evidence that is not probative of the facts in issue.


Correct Option: A
Explanation:

The hearsay rule is a rule of evidence that prohibits the admission of evidence that is not based on the personal knowledge of the witness. This rule is based on the principle that evidence should be reliable and trustworthy, and that evidence that is not based on the personal knowledge of the witness is not reliable or trustworthy.

What are the exceptions to the hearsay rule?

  1. Dying declarations.

  2. Admissions.

  3. Ancient documents.

  4. All of the above.


Correct Option: D
Explanation:

There are a number of exceptions to the hearsay rule, including dying declarations, admissions, ancient documents, and excited utterances. These exceptions are based on the principle that, in certain circumstances, evidence that is not based on the personal knowledge of the witness may be reliable and trustworthy.

What is the best evidence rule?

  1. A rule that requires the production of the original document in evidence.

  2. A rule that requires the production of the best available evidence.

  3. A rule that prohibits the admission of secondary evidence.

  4. All of the above.


Correct Option: B
Explanation:

The best evidence rule is a rule of evidence that requires the production of the best available evidence. This rule is based on the principle that the best evidence is the most reliable and trustworthy evidence. If the original document is available, it must be produced in evidence. If the original document is not available, the best available evidence must be produced.

What are the privileges that witnesses have?

  1. The privilege against self-incrimination.

  2. The privilege of spousal immunity.

  3. The privilege of attorney-client confidentiality.

  4. All of the above.


Correct Option: D
Explanation:

Witnesses have a number of privileges, including the privilege against self-incrimination, the privilege of spousal immunity, and the privilege of attorney-client confidentiality. These privileges are based on the principle that certain relationships are confidential and that communications between certain individuals should not be disclosed in court.

What are the duties of witnesses?

  1. To tell the truth.

  2. To answer all questions truthfully.

  3. To obey the orders of the court.

  4. All of the above.


Correct Option: D
Explanation:

Witnesses have a number of duties, including the duty to tell the truth, the duty to answer all questions truthfully, and the duty to obey the orders of the court. These duties are based on the principle that witnesses have a responsibility to assist the court in determining the truth.

What are the consequences of giving false testimony?

  1. Imprisonment.

  2. Fines.

  3. Both imprisonment and fines.

  4. None of the above.


Correct Option: C
Explanation:

The consequences of giving false testimony can include imprisonment, fines, or both. The severity of the punishment will depend on the circumstances of the case.

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