Indian Evidence Act MCQ question and answer

51

Without appearing before court, statements of some persons, in certain circumstances mentioned in Section 32 of the Indian Evidence Act, are considered relevant. Who among the following is not included in this category?

A) Who can not be found B) Who has become incapable of giving evidence C) Who is not willing to appear before the court D) Whose attendance can not be procured without delay

Discuss

Answer & Solution

Answer: Option C

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52

Essential requirement for application of Section 27 of Evidence Act are . . . . . . . .

A) Person giving information must be an accused of any offence B) The person must be in police custody C) The person mayor may not be in police custody D) A and B both

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Answer & Solution

Answer: Option D

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53

Kaushal Rao v. State of Bombay, AIR 1958 SC 22 is related with which topic of the law of evidence?

A) Confession B) Admission C) Dying declaration D) Estoppel

Discuss

Answer & Solution

Answer: Option C

Solution:

The correct answer is (C) Dying declaration.
* Dying Declaration: This refers to a statement made by a person who believes they are about to die, explaining the circumstances of their death. Such statements are admissible as evidence, even though the person can't be cross-examined.
* Kaushal Rao v. State of Bombay, AIR 1958 SC 22 is a landmark case that deals specifically with the admissibility and reliability of dying declarations. The Supreme Court in this case laid down important principles regarding what constitutes a valid dying declaration and how much weight should be given to it as evidence.
* Confession: A confession is a statement made by a person admitting to committing a crime.
* Admission: An admission is a statement that acknowledges a fact that is against one's interest.
* Estoppel: Estoppel prevents someone from denying something they previously asserted or implied, if another person acted on that assertion to their detriment.
Therefore, the Kaushal Rao case is directly linked to the legal principles surrounding dying declarations.

54

The Criminal Law (Amendment) Act, 2005 amended:

A) Section 73A of the Indian Evidence Act, 1872 B) Section 154 of the Indian Evidence Act, 1872 C) Section 22A of the Indian Evidence Act, 1872 D) Section 47A of the Indian Evidence Act, 1872

Discuss

Answer & Solution

Answer: Option B

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55

Under which of the following Sections of the Indian Evidence Act the previous judgments are relevant to bar a second suit or trial?

A) Section 39 B) Section 40 C) Section 11 D) Section 42

Discuss

Answer & Solution

Answer: Option B

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56

Under section 83 of Evidence Act, presumption as to accuracy of maps and plans can be raised in respect of

A) Maps and plans made by private persons B) Maps and plans made by the authority of Government C) Both A and B above D) Only A and not B

Discuss

Answer & Solution

Answer: Option B

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57

Select the right option based on following Assertion-Reason:
Assertion (A): The evidence of an accomplice requires to be accepted with a great degree of caution and scrutiny.
Reason (R): He hopes for pardon or has secured it and so favours the prosecution.

A) Both A and R are individually true and R is correct explanation of A B) Both A and R are individually true, but R is not the correct explanation A C) A is true but R is false D) A is false but R is true

Discuss

Answer & Solution

Answer: Option B

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58

Admission is

A) A conclusive proof of the fact stated therein B) Not a conclusive proof but operates only as estoppel C) A weak piece of evidence D) An evidence on which the Court can act

Discuss

Answer & Solution

Answer: Option B

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59

A witness described in detail the articles decorated in the room while giving statement before the court. This is a:

A) Fact B) Opinion C) Document D) Cause

Discuss

Answer & Solution

Answer: Option A

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60

Which of the following statements is correct?

A) Section 115 of the Indian Evidence Act applies to contracts by infants B) Pardanashin ladies are exempt from estoppel C) A representation made by an agent is effectual for the purpose of estoppelas if it had been made by his principal D) An admission by an advocate even if it is erroneous in law is binding on his client

Discuss

Answer & Solution

Answer: Option C

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Indian Evidence Act MCQ question and answer | Law MCQ question