Indian Evidence Act MCQ question and answer

41

Which of the following is true concerning retracted confession?

A) It is the law that once a confession is retracted, the Court should presume that it was tainted and be thrown overboard B) The retracted confession of coaccused is very weak and if retracted, the same is admissible against the maker of it C) The Court is bound to take the factum of retraction of confession D) Retracted confession must be looked upon with lesser concern

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Answer & Solution

Answer: Option C

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42

Examination in chief of a witness

A) Shall be by the party calling the witness B) Shall be by the adverse party C) Both A and B D) Either A or B

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Answer & Solution

Answer: Option A

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43

An extra-judicial confession made by an accused to the Kotwar is admissible in evidence was laid down by a Full Bench of the Madhya Pradesh High Court in-

A) State of Madhya Pradesh v. Ramcharan B) State of Madhya Pradesh v. Chhotekhan C) State of Madhya Pradesh v. Premlal D) Anni alias Ramesh v. State of Madhya Pradesh

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Answer & Solution

Answer: Option D

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44

Which of the following section of the Indian Evidence Act deals with proof of other official documents?

A) Section 78 B) Section 82 C) Section 71 D) Section 74

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Answer & Solution

Answer: Option A

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45

Under Indian Evidence Act, 1872 the doctrine of res gestae applies to

A) Only civil proceedings B) Only criminal proceedings C) Only to administrative tribunals D) Both A and B

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Answer & Solution

Answer: Option D

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46

Section 101 of the Indian Evidence Act 1872, states that whoever desires the Court to give judgment as to any legal right or liability dependent on existence of facts which he asserts must prove the existence of that fact. This means that:

A) Burden of proving is a legal responsibility of a party willing to have favourable judgment from the Court B) Under Section 101 of the said Act, burden of proof is always on the first party to a case whether civil or criminal C) Burden of proof is always on the plaintiff in a civil case D) Proving of a fact means proving it beyond doubt

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Answer & Solution

Answer: Option D

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47

Motives of preparation and conduct are relevant

A) Under section 6 of Evidence Act B) Under section 7 of Evidence Act C) Under section 8 of Evidence Act D) Under section 9 of Evidence Act

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Answer & Solution

Answer: Option C

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48

The maxim-"Nemo moriturous preasumitur mentire" . . . . . . . . is applicable in the Evidence Act to:

A) Section 32(1) B) Section 32(2) C) Section 32(3) D) Section 32(4)

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Answer & Solution

Answer: Option A

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49

Give the correct answer- "All the admissions are confessions but all the confessions are not admissions."

A) The statement is correct B) The statement is incorrect C) The statement is partly correct and partly incorrect D) All the above statements are incorrect

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Answer & Solution

Answer: Option B

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50

X' and 'Y' are jointly tried for murder of 'Z' It is proved that 'X' said - Y and I murdered 'Z' This confession of 'X':

A) May be taken into consideration against Y B) May not be taken into consideration against Y because confession was made by 'X' C) May be taken into consideration or not depends upon facts of case D) None of the above is correct proposition of law

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Answer & Solution

Answer: Option A

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Indian Evidence Act MCQ question and answer | Law MCQ question