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Indian Evidence Act - 1

Description: Indian Evidence Act - 1
Number of Questions: 15
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Tags: Indian Evidence Act - 1 Law of Evidence
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Newspaper report about any matter is which of the following kinds of evidence?

  1. Hearsay

  2. Circumstantial

  3. Primary

  4. Secondary


Correct Option: A
Explanation:

Hearsay evidence is that which has been derived by other person. In case of hearsay evidence, the person giving evidence does not take the responsibility of its veracity. Newspaper report about any matter is hearsay evidence. 

A disputed handwriting can be proved by

  1. calling an expert

  2. examining a person acquainted with the handwriting of the writer of the questioned document

  3. comparison of the two admitted and disputed documents

  4. All of the above


Correct Option: D
Explanation:

A disputed handwriting can be proved by any of the given cases; depends on the court's discretion.

In relation to a court question, the adverse party

  1. has a right to cross-examination as a matter of right

  2. can cross-examine only with the permission of the court

  3. has no right to cross-examine

  4. can make any objection as a matter of right


Correct Option: B
Explanation:

In relation to a court question, the adverse party can cross-examine only with the permission of the court. 

Evidence means and includes

  1. ocular evidence only

  2. documentary evidence only

  3. both ocular evidence and documentary evidence

  4. ocular evidence based on documents only


Correct Option: C
Explanation:

In general, the evidence of a witness is given orally and this means oral evidence. The documents including records produced for the inspection of the court are called documentary evidence. So, evidence may be both ocular evidence and documentary evidence and admissible in the court of law. 

'A' is tried for a riot and is proved to have marched as the head of a mob. The cries of the mob are relevant as

  1. they are related to things said or done by the conspirators in reference to the common design

  2. explanatory of the nature of the transaction

  3. explanatory of motive or preparation

  4. explanatory of occasion, cause or effects of facts


Correct Option: B
Explanation:

The cries of the mob are relevant as explanatory of the nature of the transaction.

The leading English case of R. V. Blake and Tye in evidence relates to

  1. conspiracy

  2. confession

  3. accomplice evidence

  4. relevancy of facts


Correct Option: A
Explanation:

The leading English case of R. V. Blake and Tye in evidence relates to conspiracy under Section 10 of the Evidence Act.

Sanatan Gauda Vs. Berhampur University and Others, Kumari Madhuri Patil Vs. Addl. Commissioner, Tribal Development, R. S. Madanappa Vs.Chandramma are the leading cases related with the issues of

  1. estoppel

  2. confession

  3. dying declaration

  4. relevancy of fact


Correct Option: A
Explanation:

Sanatan Gauda vs. Berhampur University and Others, Kumari Madhuri Patil vs. Addl. Commissioner, Tribal Development, R. S. Madanappa vs.Chandramma are the leading cases related with the issues of estoppel.

Dying declaration has been dealt in the Indian Evidence Act under

  1. Section 32(1)

  2. Section 114

  3. Section 10

  4. Section 25


Correct Option: A
Explanation:

Dying declaration has been dealt in the Indian Evidence Act under Section 32(1). When the statement is made by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person’s death comes into question, such statements are relevant whether the person who made them was or was not at the time when they were made under the exception of death and whatever may be the nature of the proceeding in which the cause of his death comes into question.  

Section 25 of the Indian Evidence Act states that no confession made to a ____________ shall be proved as against a person accused of any offence.

  1. police officer

  2. relative

  3. magistrate

  4. doctor


Correct Option: A
Explanation:

Under Section 25 of the Indian Evidence Act, no confession made to a police officer shall be proved as against a person accused of any offence. 

The expression 'res gestae' literally means the thing done, a transaction or essential circumstance surrounding the subject. This expression is a

  1. Latin word

  2. French word

  3. English word

  4. None of these


Correct Option: A
Explanation:

The expression 'res gestae' is a Latin word; literally means the thing done, a transaction or essential circumstance surrounding the subject. 

The leading judgement on dying declaration came on

  1. Khushal Rao Vs. State of Bombay

  2. Mirza Akbar Vs. Emperor

  3. Ravinder Singh Vs. State of Haryana

  4. None of these


Correct Option: A
Explanation:

The leading judgement on dying declaration came on Khushal Rao vs. State of Bombay.

A confession by an accused is irrelevant if it is caused by

  1. inducement

  2. threat

  3. promise

  4. All of the above

  5. None of these


Correct Option: D
Explanation:

A confession made by an accused person is irrelevant in a criminal proceeding if the making of the confession appears to the court to have been caused by any inducement, threat or promise.

Whether evidence can be recorded by videoconferencing was decided in the leading case of

  1. State of Maharashtra Vs. Prafull B. Desai

  2. Mohd. Khalid Vs. State of WB

  3. Badri Rai Vs. State of Bihar

  4. Bishwanath Prasad Vs. Dwarka Prasad


Correct Option: A
Explanation:

Whether evidence can be recorded by videoconferencing was decided in the leading case of State of Maharashtra Vs. Prafull B. Desai.

Which of the following definitions is/are correct?

  1. Proved: A fact is said to be proved when, after considering the matters before it, the court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. The degree of certainty which must be arrived at before a fact is said to be proved is described in this section.

  2. Disproved: A fact is said to be disproved when, after considering the matters before it, the court either believes that it does not exist or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.

  3. Not Proved: A fact is said to be not proved when it is neither proved not disproved.

  4. All of the above


Correct Option: D
Explanation:

All are correct definitions provided under the Indian Evidence Act.

Where there is reasonable ground to believe that ____________ have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them is a relevant fact as against each of the persons believed to be so conspiring as well as for the purpose of proving the existence of the conspiracy as for the purpose showing that any such persons was a party to it.

  1. two or more persons

  2. five or more persons

  3. one or more persons

  4. No limit prescribed


Correct Option: A
Explanation:

Under Section 10 of the Indian Evidence Act, where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them is a relevant fact as against each of the persons believed to be so conspiring as well as for the purpose of proving the existence of the conspiracy as for the purpose showing that any such persons was a party to it.

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