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Indian Evidence Act - 2

Description: Indian Evidence Act - 2
Number of Questions: 15
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Tags: Indian Evidence Act - 2 Law of Evidence
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Section 114 of Evidence Act applies to

  1. admissibility of facts

  2. relevancy of facts

  3. relevancy of opinions

  4. legal presumptions


Correct Option: D
Explanation:

Under Section 114 of Evidence Act, the court may presume the existence of any fact which it thinks likely to have happened.

Opinion of experts is relevant under

  1. Section 45 of Evidence Act

  2. Section 46 of Evidence Act

  3. Both (1) and (2)

  4. None of these


Correct Option: A
Explanation:

Opinion of experts is relevant under Section 45 of Evidence Act.

Leading questions are generally asked in

  1. examination in chief

  2. re-examination

  3. cross examination

  4. All of the above


Correct Option: C
Explanation:

Section 143 of Indian Evidence Act states that leading questions are generally asked in cross examination.

The Indian Evidence Act applies to

  1. proceedings before tribunals

  2. affidavits presented to any court or officer

  3. proceedings before an arbitrator

  4. None of these


Correct Option: A
Explanation:

Section 1 of Indian Evidence Act expressly provides that the act is not applicable to affidavits presented to any court or proceedings before an arbitrator.

A is accused of B’s murder. Which of the following facts will be ‘relevant’?

  1. A’s going to field with a club.

  2. A’s saying shortly before the incident that he will take a revenge of his father’s death.

  3. A’s fleeing before the police arrived at village.

  4. All of the above


Correct Option: D
Explanation:

All of the above facts are relevant.

Confessions made while in custody of police are

  1. irrelevant

  2. admissible

  3. inadmissible

  4. relevant


Correct Option: C
Explanation:

Under Section 26 of Indian Evidence Act, confession while in the custody of police officer is not admissible in evidence unless it is made in the immediate presence of Magistrate.

The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of ___________ in their relation to the facts of the particular case.

  1. natural events

  2. human conduct

  3. public and private business

  4. All of the above


Correct Option: D
Explanation:

Under Section 114 of Indian Evidence Act, the Court may presume the existence of any fact which it thinks is likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. 

Evidence is of two types,

  1. oral evidence and documentary evidence

  2. general evidence and special evidence

  3. physical evidence and non-physical evidence

  4. None of these


Correct Option: A
Explanation:

Evidence is of two types: oral evidence and documentary evidence.

Nemo moriturus proasumitur mentire means

  1. no one attacks me with impunity

  2. no one should be judge in his own case

  3. no one at the time of death is presumed to lie

  4. None of these


Correct Option: C
Explanation:

Dying declaration is based on the maxim 'Nemo moriturus praesumitur mentire' which means 'a man will not meet his maker with a lie in his mouth'.

Which of the following distinctions of a confession from an admission is not correct?

  1. Where conviction can be based on statement alone, it is a confession and where some supplementary evidence is needed to authorise a conviction, it is an admission.

  2. Confession is defined whereas admission is not defined in the Indian Evidence Act.

  3. If the prosecution relies on a statement as being true, it is confession and if the statement is relied on because it is false, it is admission.

  4. In criminal cases, a statement by accused, not amounting to confession, but giving rise to inference that the accused might have committed the crime, is his admission.


Correct Option: B
Explanation:

Admission is defined in the Indian Evidence Act, whereas confession is not defined.

Indian Evidence Act came into force in

  1. 1872

  2. 1973

  3. 1893

  4. 1943


Correct Option: A
Explanation:

Indian Evidence Act came into force on 1st September, 1872.

Find the mismatch.

  1. Communications during marriage - Section 122

  2. Confession by accused while in custody of police not to be proved against him - Section 26

  3. Dumb witness - Section 119

  4. Professional communications - Section 153


Correct Option: D
Explanation:

Communications during marriage - Section 122 Confession by accused while in custody of police not to be proved against him - Section 26 Dumb witness - Section 119 Professional communications - Section 126  

Tape recorded conversation is relevant as an evidence on satisfying the following conditions, except

  1. the voice of the person alleged to be speaking must be identified by the maker of the record or by other who knows it

  2. accuracy of what was actually recorded has to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, has to be there, so as to rule out the possibility of tampering with the record

  3. tape recording must not be before 3 months of the production

  4. the subject matter recorded has to be shown relevant according to the rules of relevancy in the Evidence Act


Correct Option: A
Explanation:

Tape recorded conversation is relevant as an evidence on satisfying the voice of the person alleged to be speaking must be identified by the maker of the record or by other who knows it.

Which of the following cases is not correctly matched?

  1. Bodh Raj vs. State of J & K - Promissory Estoppel

  2. Ram Narain vs. State of UP - Expert Opinion

  3. State of UP vs. Raj Narain - Priveleged Communication

  4. Ravinder Singh vs. State of Haryana - Accomplice Evidence


Correct Option: A
Explanation:

Bodh Raj vs. State of J & K - Last seen theory. Ram Narain vs State of UP - Expert Opinion. State of UP vs Raj Narain - Privileged Communication. Ravinder Singh vs State of Haryana - Accomplice Evidence

 

Section 4 of the Indian Evidence Act does not define

  1. may presume

  2. natural witness

  3. conclusive proof

  4. shall presume


Correct Option: B
Explanation:

Section 4 of the Evidence Act defines: 'May presume' — Whenever it is provided by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disapproved or may call for proof of it. 'Shall presume' —Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved unless and until it is disapproved. 'Conclusive proof'—When one fact is declared by this Act to be conclusive proof of another, the Court shall on proof of the one fact regard the other as proved and shall not allow evidence to be given for the purpose of disapproving it.

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