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Indian Evidence Act - 3

Description: Indian Evidence Act - 3
Number of Questions: 15
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Tags: Indian Evidence Act - 3 Law of Evidence
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The maxim Res ipsa loquitur is a rule of

  1. evidence

  2. criminal law

  3. refusal of evidence

  4. vicarious liability


Correct Option: A
Explanation:

(1) The maxim Res ipsa loquitur is a rule of evidence.

Under Section 45 of the Indian Evidence Act, the opinion of an expert cannot be on the question of

  1. foreign Law

  2. science

  3. Indian law

  4. art


Correct Option: C
Explanation:

(3) Under Section 45 of the Indian Evidence Act, the opinion of an expert cannot be on the question of Indian law.

A lunatic who is not prevented by his lunacy from understanding the questions put to him is

  1. a competent witness

  2. not a competent witness

  3. not a competent witness if he has not attained the age of majority

  4. None of these


Correct Option: A
Explanation:

(1) A lunatic who is not prevented by his lunacy from understanding the questions put to him is a competent witness.

Which of the folllowing is correct about an accomplice?

  1. His evidence is irrelevant.

  2. He is not a competent witness.

  3. His evidence is relevant u/s 114 and 133 of the Evidence Act.

  4. None of these


Correct Option: C
Explanation:

(3) His evidence is relevant u/s 114 and 133 of the Evidence Act.

Res Ipsa loquitur means

  1. as you sow, you reap

  2. guilty shall be punished

  3. the thing speaks for itself

  4. the guilty speaks lies


Correct Option: C
Explanation:

(3) Res Ipsa loquitur means the thing speaks for itself.

Under Section 44 of the Indian Evidence Act, evidence of judgment, order or decree can be challenged on the ground of

  1. fraud only

  2. collusion only

  3. incompetence of the court only

  4. Any of the above


Correct Option: D
Explanation:

(4) Under Section 44 of the Indian Evidence Act, evidence of judgment, order or decree can be challenged on the ground of fraud or collusion or incompetence of the court.

In which of the following cases is an accomplice not a competent witness?

  1. Offences punishable with death.

  2. Offences punishable with hadd.

  3. Offences punishable with confiscation of property.

  4. None of these


Correct Option: B
Explanation:

(2) An accomplice is not a competent witness in offences punishable with hadd.

Hostile witness is the one who

  1. does not tell one who

  2. gives statements against the opposite party

  3. gives statement against the party who called him as a witness

  4. is not desirous to tell the truth and gives testimony against the party who called him as a witness in his favour


Correct Option: D
Explanation:

(4) Hostile witness is the one who is not desirous to tell the truth and gives testimony against the party who called him as a witness in his favour.

Which of the following is not an exception to the rule against hearsay?

  1. Admission

  2. Entries in public records

  3. Statements contained in public documents

  4. None of these


Correct Option: D
Explanation:

(4) Nothing is an exception to hearsay evidence.

What is correct in reference to dying declaration?

  1. It is a weaker kind of evidence.

  2. It cannot form basis of conviction without corrobation.

  3. It stands on the same footing as other types of evidence.

  4. It is by verbal statement only.


Correct Option: B
Explanation:

A dying declaration made by a victim, accusing a person of having been responsible for his/her death, cannot form the basis of conviction.  

Section 108 of the Indian Evidence Act provides presumption for

  1. life

  2. marriage

  3. death

  4. legitimacy


Correct Option: C
Explanation:

(3) Section 108 of the Indian Evidence Act provides presumption for death, i.e. 'Burden of proving that person is alive who has not been heard of for seven years.'

A dumb witness who gives his evidence by writing in open court is

  1. not admissible as evidence

  2. oral evidence

  3. documentary

  4. None of these


Correct Option: B
Explanation:

(2) A dumb witness who gives his evidence by writing in open court is termed oral evidence.

The case of Budhsen vs. State of U.P. AIR 1970, S.C. 1321 is related to

  1. identification parades

  2. dying declaration

  3. documentary evidence

  4. burden of proof


Correct Option: A
Explanation:

(1) The case of Budhsen vs. State of U.P. AIR 1970, S.C. 1321 is related to identification parades.

Who shall take the Test Identification Parade under Section 9 of Evidence Act?

  1. Magistrate

  2. Police officer not below the rank of sub-inspector

  3. Any person

  4. All of the above


Correct Option: D
Explanation:

Test Identification Parade can be taken by any person whom the court authorises by police officer not below the rank of sub-inspector and by the court itself.

Which of the following is/are relevant and may be received in evidence?

  1. Tape recordings

  2. Dog-tracking

  3. Narco analysis test

  4. All of the above


Correct Option: D
Explanation:

All these evidences are relevant and admissible under Indian Evidence Act, 1872. 

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