Indian Evidence Act MCQ question and answer

41

The fact that any person was bom during the continuance of a valid marriage between his mother and any man:

A) Is conclusive proof that he is the legitimate child of that man B) Is conclusive proof that he is the legitimate child of that man unless it can be shown that the parties to the marriage had no access to each other at any time when the child could have been begotten C) Is no proof that the child is the legitimate child of that man D) Is no proof of legitimacy unless proved by other evidence

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Answer & Solution

Answer: Option B

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42

A kills B. A is charged for murder. In this case burden of proof is on

A) The State B) A' C) B's legal representatives D) Both A and C

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Answer & Solution

Answer: Option D

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43

Under which one of the following provisions of Indian Evidence Act the words "forming part of the same transaction" occurs?

A) Section 5 B) Section 6 C) Section 11 D) Section 12

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Answer & Solution

Answer: Option B

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44

If a maker of dying declaration survives, his statement can be used under Indian Evidence Act, 1872:
1. As substantive evidence
2. To corroborate the testimony of maker if examined
3. To contradict the testimony of maker if examined
4. Cannot be used at all

A) 2 and 3 B) 1 and 2 C) 1 and 3 D) 4 only E) None of the above

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Answer & Solution

Answer: Option A

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45

Which among the following is not a fact admitted?

A) Facts which the parties agree to admit at the hearing B) Facts which the parties agree in writing to admit before the hearing C) Facts which by any rule of pleading are deemed to have been admitted D) Facts which are uncontested by the opposite party

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Answer & Solution

Answer: Option D

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46

Statement made in police custody by the accused amounts to confession when:

A) That part of the statement which leads to the recovery of the object B) The statement is made voluntarily C) The statement is made in the presence of the other party D) The statement is made while undergoing medical treatment

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Answer & Solution

Answer: Option A

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47

Under section 32(1) of Evidence Act, statements made by whom of these are relevant?

A) Persons who are dead B) Persons who are incapable of giving evidence C) Persons whose attendance cannot be procured without delay or expense D) All of these

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Answer & Solution

Answer: Option A

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48

R. K. Malkani v. State of Maharashtra is related to which of the following:

A) Relevancy of facts forming part of same transaction B) Documentary evidence C) Leading Question D) Accomplice

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Answer & Solution

Answer: Option A

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49

Evidence under the Indian Evidence Act means and includes:

A) Documentary evidence B) Ocular evidence C) Both, the ocular and documentary evidence D) Ocular evidence based on documents only

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Answer & Solution

Answer: Option C

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50

The statement of a solitary witness:

A) Can be relied upon by a Court B) Cannot be relied upon by a Court C) Can be relied upon if the Court concludes it to be correct and true D) None of the above

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Answer & Solution

Answer: Option C

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Indian Evidence Act MCQ question and answer | Law MCQ question