HARAYANA-15 EVIDENCE

1. A is tried for the murder of B by poison. The fact that before the death of B, A procured
poison similar to that which was administered to B is: (H-PCJ-15)
(A) Relevant
(B) Not relevant
(C) Partly relevant
(D) Neither relevant nor irrelevant

2. Dumb witness may give his evidence by writing or signs in open court such evidence shall
be deemed to be; (HPCJ-15)
(A) written evidence
(C) not admissible in evidence
(B) oral evidence
(D) It depends on the discretion of the Court to accept it or not.

3. In which Section of the Indian Evidence Act, 1872, special provision is mentioned
regarding evidence relating to electronic record? (HPCJ-15)
(A) Section 59
(B) Section 65A
(C) Section 63
(D) Section 67A

4. The case of “Pakala Narain Swamy vs. Emperor” relates to: (HPCJ-15)
(A) Doctrine of Estoppel
(B) Dying Declaration
(C) Cross Examination
(D) Accomplice

5. Public document under the Indian Evidence Act, 1872 can be proved by: (HPCJ-15)
(A) Oral evidence
(B) The writer of the certified copy
(C) Certified copy
(D) Any of the above

6. In case of suicide by a married woman, the court under Section 113A of the Indian
Evidence Act, 1872 may presume that suicide had been abetted by her husband if;
(HPCJ-15)
 1. Suicide was committed by the wife within a period of seven years from the date of her
marriage.
2. The wife was subjected to cruelty
3. The wife was illiterate and from a poor family
4. The wife was deserted by the husband.
Select the correct answer using the codes given below.
(A) 1 and 2
(B) 1,2and3
(C) 1,3and4
(D) 2and4

7. The case of “Kashmira Singh vs. State of Madhya Pradesh” relates to: (HPCJ-15)
(A) Privileged Communications
(B) Dying declaration
(C) Confession to police officer
(D) Confession of a co-accused.

8. The question is whether a horse sold by A to B is sound. A says to B “Go and ask C. C
knows all about it.” C’s statement is a/an: (HPCJ-15)
(A) Confession
(B) Admission
(C) Presumption
(D) Reference

9. What is the meaning of “Not proved” under Evidence at, 1872? (HPCJ-15)
(A) Fact does not exist
(B) Non-existence probable
(C) Court has doubt
(D) Neither proved nor disproved

10. Execution of document may be presumed if the document is to be old: (HPCJ-15)

(A) Ten years
(B) Twenty years
(C) Thirty years
(D) Forty years
ANSWER
(1)-A, (2)-B, (3)-B, (4)-B, (5)-C, (6)-A, (7)-D, (8)-B, (9)-D, (10)-C
 MAHARASTRA-2015
1. Which of the following statements of the witness is ‘not admissible’? (Maha-PCJ 15)
(A) ‘Girl told me that she was sexually assaulted
(B) ‘Girl was crying and complained that she was assaulted
(C) ‘Girl was depressed and did not say anything.’
(D) None of the above

2. The terms of the written contract can be proved by (Maha-PCJ 15)

(A) oral evidence of a witness who witnessed the execution of contract
(B) oral evidence of a witness who drafted it
(C) producing that written contract itself or by secondary evidence when permissible
(D) expert evidence

3. The expression ‘Res gestae’ means (Maha-PCJ 15)

(A) The things done in the course of transaction
(B) A thing belonging to the guest
(C) Demeanor of the witness under examination in the court
(D) A thing belonging to nobody

4. The expression. ‘Dying Declaration‘ means (Maha-PCJ 15)

(A) Statement made by the person at the time of his death
(B) Declaration of a person in contemplation of death
(C) Statement of the deceased person as to his cause of death
(D) Declaration of a person on the death-bed about disposition of his property

5. ‘Confession’ means (Maha-PCJ 15)

(A) Any admission of the accused
(B) Admission of the facts constituting an offence
(C) Exculpatory statement of the accused
(D) Self-serving statement of the accused

6. ‘Judgment in rem’ is (Maha-PCJ 15)

(A) Binding on the parties to the proceeding
(B) Binding on the parties and any person claiming through such parties
(C) A judgment that binds the world
(D) None of the above
7. Which of the following is not an ‘evidence’ within the meaning of Section 3 of the
Evidence Act? (Maha-PCJ 15)
(A) Depositions of witnesses recorded at the trial
(B) Documents produced for inspection of the court
(C) Electronic record produced in the proceeding
(D) Report as to local investigation submitted by the Commissioner appointed by Court U/S 9
Order XXVI of C. P. Code

8. Opinion of the elderly persons in the society is (Maha-PCJ 15)

(A) inadmissible in evidence being hearsay
(B) admissible to prove general conduct and character of the parties
(C) admissible to prove general custom or right
(D) inadmissible as their opinion is irrelevant

9. Print-out of a photo taken with digital camera is (Maha-PCJ 15)

(A) the original document
(B) secondary evidence
(C) Primary evidence
(D) Neither primary nor secondary evidence

10. What is the object of ‘contradicting the witness' with his previous inconsistent statement?
(Maha-PCJ 15)
(A) To challenge his veracity
(B) To challenge his knowledge
(C) To show he is interested witness
(D) To fortify his veracity

11. Which of the following is an accurate proposition? (Maha-PCJ 15)

(A) Lunatic is a competent witness
(B) Lunatic is not a competent witness
(C) Lunatic is a competent witness when he is able to understand the questions and give rational
answers
(D) None of the above

12. Adverse inference may be drawn against the party when (Maha-PCJ 15)
(A) he did not examine himself as witness
 (B) he did not participate in the proceeding
(C) he failed to prove material document though produced
(D) material evidence, oral or documentary, not produced though available

13. When legal provision provides that court shall presume a fact, it is: (Maha-PCJ 15)
(A) irrebuttable presumption
(B) permissive or discretionary presumption
(C) rebuttable presumption
(D) conclusive proof of the fact

ANSWER
(1)-A, (2)-C, (3)-A, (4)-C, (5)-B, (6)-C, (7)-D, (8)-C, (9)-B, (10)-A, (11)-C, (12)-D, (13)-C
 PUNJAB -2015
1. Under Section 68 of the Indian Evidence Act 1872 a document registered by law to be
attested can be provided by calling. (PUNJ-15)
(A) both the attesting witnesses
(B) at least one of the attesting witnesses
(C) any other persons
(D) a legal heir of the attesting witness.

2. Leading question can be asked as a matter of right: (PUNJ-15)

(A) during examination-in-chief
(B) during cross-examination
(C) during re-examination
(D) under no circumstances whatsoever

3. An inscription on a metal plate or stone: (PUNJ-15)

(A) is a conduct
(B) is an opinion
(C) is a document
(D) is a motive

4. A desires a Court to give judgment that B shall be punished for a crime which A says B
has committed. According to the Indian Evidence Act, 1872 the burden of proof is on:
(PUNJ-15)
(A) A, under Section 101
(B) B, under Section 103
(C) A, under Section 104
(D) B under Section 108

5. ‘Conclusive proof of legitimacy of a child born during the valid marriage is dealt under
which Section of the Indian Evidence Act, 1872? (PUNJ-15)
(A) Section 115
(B) Section 114
(C) Section 112
(D) Section 113

6. The principle on which a dying declaration is admissible under the Indian Evidence Act,
1872 is indicated in the legal maxim. (PUNJ-15)
 (A) Actori incumbit onus probandi
(B) Nemo moriturus proesumitur mentiri
(C) Dormiunt leges aliquando, munquam moriuntur
(D) Fatetur facinus qui judicium fugit

7. Which one of the following Sections of the Indian Evidence Act, 1872 deals with evidence
as to affairs of State? (PUNJ-15)
(A) Section 123
(B) Section 121
(C) Section 120
(D) Section 122

8. Which one of the following Sections of the Indian Penal Code, 1860 is expressly excluded
by the proviso to Section 50 of the Indian Evidence Act, 1872? (PUNJ-15)
(A) Section 354
(B) Section 354A
(C) Section 498A
(D) Section 497

9. Where in a judicial proceeding the handwriting of a teacher is in question, the opinion of

his or her student shall be relevant under_____ of the Indian Evidence Act, 1872?
(PUNJ-15)
(A) Section 45
(B) Section 47
(C) Section 46
(D) None of the above

10. The maxim “allegans contraria non est audiendus” means: (PUNJ-15)
(A) A person alleging contrary facts should not be heard
(B) Allegation of contradictory statements should not be made before an audience
(C) A promise which is contrary to law is not acceptable as an admission
(D) None of the above

11. Presumption as to genuineness of certified copies of documents is states in Section______

of the Indian Evidence Act, 1872. (PUNJ-15)
(A) 77
(B) 78
(C) 79
(D) 80
ANSWER
(1)-B, (2)-B, (3)-A, (4)-C, (5)-C, (6)-B, (7)-A, (8)-D, (9)-B, (10)-A, (11)-C
 Uttarakhand -15
1. Under Indian Evidence Act, 1872, the maxim “SALUS POPULI SUPERMALEX” is
related to:
(A) Section 121
(B) Section 122
(C) Section 123
(D) Section 124

2. Which of the following sections of the Indian Evidence Act, 1872 does not deal with the
criminal matters:
(A) Section 23
(B) Section 27
(C) Section 53
(D) Section 133

3. The term “Judicial notice” under the Indian Evidence Act, 1872, means
(A) Notice given by the court
(C) To ask for evidence
(B) Information given to the court
(D) To recognize without proof something an existing

4. Court can presume about the legality of digital signature on electronic record under
Indian Evidence Act, 1872 When it is:
(A) 30 years old
(B) 15 years old
(C) 5 years old
(D) 12 years old

5. “Presumption on fact” under the Indian Evidence Act, 1872

 (A) is based on logic, human experience and natural events and law of nature
(B) is based on provisions of law
(C) cannot be ignored by the court
(D) is of certain and uniform position

6. The contents of electronic records may be proved under Indian Evidence Act, 1872 in
accordance with the provisions of:
(A) Section 65C
(B) Section 65B
(C) Section 66B
(D) Section 66C

7. Electronic record presented for inspection of the court under Indian Evidence Act, 1872
is:
(A) Electronic evidence
(B) Documentary evidence
(C) Oral evidence
(D) Modern evidence

8. Which of the following is correctly matched according to Indian Evidence Act, 1872:
(A) Refreshing memory: Section 158
(B) Identification parade : Section 10
(C) Admission : Section 24
(D) None of the above

9. “Written document must be proved by writing only”, this maxim has been incorporated
under which of the following sections of Indian Evidence Act, 1872
(A) Section 87
(B) Section 91
(C) Section 121
(D) None of the above
10. Where the court has to form an opinion as to electronic signature of any person, the
opinion of the certifying authority which has issued the electronic signature certificate is:
(A) Fact in issue
(B) Relevant fact
(C) Proved fact
(D) None of the above

11. Which kind of agreement can be presumed by the court under Section 85A of the Indian
Evidence Act, 1872:
(A) Written agreement
(B) Oral agreement
(C) Electronic agreement
(D) None of the above

12. Presumption of dowry death which is mentioned under Section 1133 of Indian Evidence
Act, 1872 has been incorporated by the Amendment Act of:
(A) 1983
(B) 1984
(C) 2000
(D) 1986

13. Under Indian Evidence Act, 1872 a declaration made in course of business is admissible
under:
(A) Section 32(7)
(B) Section 32(2)
(C) Section 32(4)
(D) Section 32(1)

14. Under Indian Evidence Act, 1872 questions relating to a matter not relevant to the suit
or proceedings may be asked under:
 (A) Section 146
(B) Section 147
(C) Section 148
(D) Such questions cannot be asked

15. Which kind of jurisdiction is not mentioned under Section 41 of the Indian Evidence Act,
1872
(A) Probate
(B) Admiralty
(C) Insolvency
(D) Revenue

16. “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

17. Indian Evidence Act, 1872 does not expressly mention about:
(A) Oral Evidence
(B) Documentary Evidence
(C) Secondary Evidence
(D) Circumstantial Evidence

18. The question is whether “A” was ravished? The fact that without making a complaint,
she said that the has been ravished is:
(A) Relevant as conduct
(B) Admissible as conduct
(C) Not relevant as conduct
(D) A subject matter of enquiry
19. Where a document is executed in several parts, there
(A) each part is a primary evidence of the document
(B) each part cannot be primary evidence of the document
(C) each counterpart is secondary evidence
(D) only main part is primary while rest is secondary evidence of the document

20. “Nothing in Section 23 of the Indian Evidence Act, 1872 shall be taken to exempt any
barrister, pleader, attorney or vakil from giving evidence of any matter of Which he may
be compelled to give evidence” is provided by the Indian Evidence Act, 1872, under:
(A) Section 127
(B) Section 128
(C) Section 129
(D) Section 126

21. The fact of which the Court will judicial notice under Indian Evidence Act, 1872:
(A) need to be proved
(B) is optional to be proved
(C) need not to be proved
(D) is better to be proved

22. As per preamble of the Indian Evidence Act, 1872, the purpose of this Act is:
(A) to provide, define and amend the law of evidence
(B) to provide, consolidate the law of evidence
(C) to define and amend the law of evidence
(D) to consolidate, define and amend the law of evidence

23. In criminal proceedings against any person, the husband or wife of such person, shall be:
(A) Competent witness,
(B) Incompetent witness
(C) Competent witness only if they are major and with the consent of other
 (D) Competent witness only if they are sane and with the consent of other

ANSWER

(1)-C, (2)-A, (3)-D, (4)-C, (5)-A, (6)-B, (7)-B, (8)-D, (9)-B, (10)-B, (11)-C, (12)-D, (13)-B, (14)-
C, (15)-D, (16)-C, (17)-D, (18)-C, (19)-A, (20)-D. (21)-C, (22)-D, (23)-A
DELHI -2010

1. Mark the correct statement: (DEL-10)

(A) Evidence excluded by the Evidence Act is inadmissible even if it seems essential for
ascertainment of truth.
(B) Parties cannot contract themselves out of the provisions of the Act.
(C) A court cannot on the ground of public policy, exclude evidence relevant under this Act.
(D) All of the above.

2. A is accused of a child’s murder. The following facts are constructed in the case: (DEL-
10)
I. An hour before the murder, A went to the place of murder with the child.
II. A alone returned home.
III. Collar of A’s shirt found to be bloodstained.

The evidence which takes into account the above-mentioned facts is called:

(A) Direct evidence.

(B) Circumstantial evidence.
(C) Real evidence.
(D) Secondary evidence

3. Mark the incorrect statement: (DEL-10)

(A) The terms 'relevancy’ and ’admissibility’ are co-extensive or interchangeable terms,
(B) All admissible evidence is usually relevant, but all relevant evidence is not admissible,
(C) Relevancy is the genus of which admissibility is a species,
(D) Relevancy and admissibility are neither synonymous nor is the one included in other.
4. The question is, whether A owes B Rs.10,000. The facts that A asked C to lend him money,
and D said to C in A’s presence and hearing “i advise you not to trust A, for he owes B
Rs. 10,000", and that A went away without making any answer is a: (DEL-10)
(A) Relevant fact
(B) Irrelevant fact
(C) Fact in issue
(D) None of the above

5. A and B were prosecuted for conspiracy for bribing a police officer. A came to the police
station and offered an Inspector packet of currency notes. He told the inspector that B
had sent the money as a consideration for hushing up the case against him. The offer of
money and the accompanying statement made by A were relevant against: (DEL-
10)
(A) A only
(B) B only
(C) Both A and B
(D) None of the above

6. Admissions by agents are: (DEL-10)

(A) Always admissible in civil proceedings,
(B) Admissible in civil proceedings only if the agent has the authority to make admissions,
(C) Not admissible in criminal proceedings,
(D) Both (B) and (C).

7. Telling his wife that P’s wife had called him to receive payments due to him, K leaves his
house. After two days, his dismembered body is found in a trunk. In P’s trial for murder
of K, the statement made by K to his wife is: (DEL-10)
(A) Inadmissible,
(B) Partly admissible,
 (C) Inadmissible as it does not directly relate to K’s death,
(D) Admissible as it relates to the circumstance of the transaction which resulted in K’s death.

8. If X in charged with Y's murder. which of the following will be a hearsay evidence:
(DEL-10)
(A) Z, in his evidence, states that “I saw X stabbing Y with a knife”,
(B) Evidence of A that "Z told me that he had seen X stabbing Y”,
(C) Both (A) and (B),
(D) None of the above

9. If on the carbon copies at a letter written on a typewriter, signature have been put on the
first letter then other copies: (DEL-10)
(A) Will also be primary evidence,
(B) Will be secondary evidence,
(C) Wilt be no evidence,
(D) None of the above.

10. If no attesting witness can be found It must be proved that: (DEL-10)

(A) Attestation of one attesting witness at least is in his handwriting,
(B) Signature of the person executing the document is in the handwriting of that person,
(C) Both (A) and (B),
(D) None of the above

11. X sues Y for money due on a bond. The execution of the bond is admitted, but Y says that
it was obtained by fraud, which X denies. The burden of proof to on: (DEL-10)
(A) Y,
(B) X,
(C) The State,
 (D) X and Y both

12. In which of the following cases, the court may presume under Section 114: (DEL-10)
(A) That a man in possession of stolen goods after the theft is either the thief or has received
the goods knowing them to be stolen,
(B) That judicial and official acts have been regularly performed,
(C) That evidence which could be and is not produced would, if produced, be unfavorable to
the person withholding it (e.g. the police withholding a piece of evidence),
(D) All of the above.

13. Which of the following is an exception to the doctrine of estoppel? (DEL-10)

(A) Where a minor represents fraudulently or otherwise that he is of age and thereby induces
another to enter into a contract with him,
(B) When true facts are known to both the parties,
(C) When the representation is against the statute,
(D) All of the above.

14. A intentionally and falsely leads B to believe that certain land belongs to A, and thereby
induces B to buy and pay for it. The land afterwards becomes the property of A, and A
seeks to set aside the sale on the ground that, at the time of the sale, he had no title.
(DEL-10)
(A) A must not be allowed to prove his want of title,
(B) A must be allowed to prove his want of title,
(C) The court will decide,
(D) None of the above.

135. A local development authority announced a housing scheme and accepted applications under
it, subsequently finding that the scheme was in violation of the Master Plan cancelled It.
(A) It is free to do so without any shackles of promissory estoppel.

(B) It is not free to do so due to promissory estoppel.

(C) It is free to do so without any shackles 0f promissory estoppel as there cannot be any estoppel
against the Government in the exercise of its sovereign, legislative and executive functions.

(D) None of the above.

136. Which is the most appropriate definition in relation to a hostile witness? A hostile witness:

(A) Is one who from the manner in which he gives the evidence shows that he is not desirous of
telling the truth to the court. (B) Is a witness who is gained over by the opposite Party (C) Is one
called by a party to prove a particular fact, who fails to prove such fact or proves an opposite fact.

(D) Is one who is not produced out of the fear that he might disfavour the party who has to produce
him

137. Confession of a co-accused, not required to be on oath and cannot be tested by cross-
examination

I. Is no evidence within the meaning of section 3 of Evidence Act and cannot be the foundation of
a conviction

II. The only limited use which can be made of a confession of a co-accused is by way of furnishing
an additional reason for believing such other evidences as exists

III. It is a very weak type of evidence and is much weaker even than the evidence of an approver.

In the aforesaid propositions

(A) ALL I, II & ,III are correct

(B) Only I &111 are correct

(C) Only I &11 are correct

(D) Only 11 & 111 are correct

138. A disputed handwriting can be proved

(A) By calling an expert (B) By examining a person acquainted with the handwriting of the writer
of the questioned document (C) By comparison of the two-admitted & disputed (D) All the above

139. Cross-examination of a witness

(A) Must relate to relevant facts and has to be confined to what the witness testified in examination
in chief (B) Must relate to relevant facts but need not be confined to what the witness testified in
examination in chief (C) May not relate to relevant facts but must relate to what the witness
testified in examination in chief (D) May not relate to relevant facts & may not be confined to
what the witness testified in examination in chief.

140. After re-examination of a witness, the adverse party has a

(A) Right to further cross-examine the witness afresh in general

(b) has no right to further cross examine the witness

(C) right to further cross-examine the witness only when a new is introduced in the re-examination

(D) either (A) or (B)

 MPPCJ-1996

40. In relation to the expressions defined in section 3 of the Indian Evidence Act, which of
the following statement is not correct: (MPPCJ-1996)

(A) fact includes not only physical facts but also psychological facts
(B) Courts include arbitrators
(C) An inscription on a stone is a document
(D) A fact is said to be not proved when it is neither proved nor disproved

41. The questions is whether A was ravished’? As conduct the fact that without making a
complaint. She said that she was ravished is: -(MPPCJ-1996)

(A) Not relevant

(B) Relevant
(C) Partly relevant
(D) Neither relevant nor irrelevant

42. Confession of an accused is irrelevant and inadmissible when made: -(MPPCJ-1996)

(A) In the custody of a police officer but in the immediate presence of a magistrate
(B) Before a magistrate who told him that if he made a full confession he would be released
(C) At the time when he was drunk
(D) In police custody if it leads to the discovery of any fact

43. A voluntarily confession is admissible in evidence when made: -(MPPCJ-1996)

(A) To a police officer,

(B) To a magistrate having competent jurisdiction
 (C) To a Village Sarapanch with a request to save him from police
(D) Where it leads to no discovery of facts and made to the police officer

44. Telling his wife that P’s wife had called him to receive payments due to him K leaves his
house, After two days his dismembered body is found in a trunk, In P’s trial for murder of
K the statement made by K of his wife is: -(MPPCJ-1996)

(A) Inadmissible
(B) Partly admissible
(C) Inadmissible as it does not directly relates to K’s death
(D) Admissible as it relates to the circumstance of the transactions which resulted in K’s death

45. ‘A' prosecutes ‘B’ for stealing a cow from him. ‘B' is convicted. ‘A’ afterwards sues ‘C’
for the cow which B had sold to him before his conviction. The judgment against B is: -
(MPPCJ-1996)

(A) Relevant as between A &C

(B) Irrelevant as between A &C
(C) is without jurisdiction
(D) is conclusive proof against C

46. In which of the following cases, can secondary evidence at the contents of a document not
be given: -(MPPCJ-1996)

(A) When the original is a public document

(B) When the original has been destroyed
(C) When the original has been found to be inadmissible
(D) When the original is not easily movable

47. For proving execution of a registered will it shall: -(MPPCJ-1996)

 (A) Be necessary to call at least two attesting witness
(B) Be necessary to call at least one attesting witness
(C) Not necessary to call any attesting witness
(D) Be necessary to call the Registrar

48. A hires lodgings of B and gives a card on which is written “Rooms Rs. 200 a month” A
tenders oral evidence to prove a verbal agreement that these terms were to include partial
board. The evidence is: -(MPPCJ-1996)

(A) Inadmissible under section 91 of the Indian Evidence Act.

(B) Inadmissible under section 92 of the Indian Evidence Act
(C) Admissible
(D) Irrelevant

49. X sues Y for money due on a bond. The execution of the bond is admitted but Y says that
it was obtained by fraud which X denies. The burden of proof is: -(MPPCJ-1996)

A) On Y
B) On X
C) On the State
D) On X and Y both

50. Unless non-access is proved the presumption as to legitimacy of any child born during
the continuance of a valid marriage between his mother and any man is: -(MPPCJ-1996)

(A) Rebuttable presumption of law

(B) Presumption of fact
(C) Mixed presumption of law and fact
(D) Irrebuttable presumption of law
51. Which of the following Statements is correct: -(MPPCJ-1996)

(A) Estoppel is not a rule of evidence

(B) Estoppel from record constitutes bar of res judicata

(C) There can be estoppel on a point of law
(D) There cannot be estoppel when the truth of the matter’s is known to both parties

52. Which of the following statements is not correct: -(MPPCJ-1996)

(A) Leading questions may be asked in cross examination _

(B) Witnesses to character may be cross examined
(C) A person summoned to produce document does not become a witness
(D) A party may with the permission of the court cross examine his own witness

ANSWER

(40)-B, (41)-A, (42)-B, (43)-B, (44)-D, (45)-B, (46)-C, (47)-B, (48)-C, (49)-A, (50)-D, (51)-D,
(52)-B
UP-APO-2002

52. The case of Pakala Narain Swamy v. Emperor related to- (UP-APO-2002)

(A) Doctrine of Estoppel

(B) Accomplice
(C) dying Declaration
(D) Hostile Witness

53. Match List-I with List-II and select correct answer using the codes given below the lists-
(UP-APO-2002)

Lists-I

(a) Section 159

(b) Section 154

(c) Section 60

(d) Section 141

List II

1. Leading Question

2. Oral evidence

3. Refreshing memory

4. Hostile witness
Codes

(a) (b) (c) (d)

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

54. A confession is inadmissible if it is made by the accused-(UP-APO-2002)

(A) To a Magistrate whilst he is in the custody of a police officer

(B) To his friend whilst is not in the custody of a police officer
(C) To a doctor whilst he is in the custody of a police officer
(D) To a spiritual adviser under the inducement for the good of his soul

55. Leading questions may be asked in: (UP-APO-2002)

(A) Examination-in chief

(B) Cross-examination
(C) Re-examination
(D) All the above

56. Extra-judicial confession means a confession & made-(UP-APO-2002)

(A) Before the Magistrate in the court

(B) To the police officer
(C) To the doctor
 (D) None of the above

57. Who amongst the following is not a competent witness?- (UP-APO-2002)

(A) A child
(B) An idiot person
(C) A lunatic person
(D) A dumb person

58. Hostile witness means-(UP-APO-2002)

(A) An unfavourable witness

(B) A witness who is desirous of telling the truth.
(C) A witness who is not desirous of telling the truth
(D) An overpowered witness

59. Assertion (A): An accomplice shall be a competent witness against an accused person.

Reason (R) : An accomplice is unworthy of credit, unless he is corroborated in material

particulars. (UP-APO-2002)

Codes:

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

60. A confession is admissible if it is made by the accused to- (UP-APO-2002)

(A) A police officer

(B) A doctor whilst he is in the custody of a police officer
 (C) His friend whilst he is in the custody of a police officer
(D) A spiritual adviser under the inducement for the good of his soul

61. The case of Kashmira Singh vs. State of Madhya Pradesh relates to--(UP-APO-2002)

(A) Dying declaration

(B) Privileged communication
(C) Confession to police officer
(D) Confession of a co-accused

62. Which one of the following Sections of the Indian Evidence Act has been substituted for
the old Section by the Information Technology Act, 2000? (UP-APO-2002)

(A) Section 39
(B) Section 22
(C) Section 47
(D) Section 65

63. Which one of the following is primary evidence? (UP-APO-2002)

(A) Copies made from the original

(B) Document produced for the inspection of the court
(C) Certified copies of a document
(D) Photostat copies of a document

64. Character of a person for purposes of the law of evidence is not relevant in one of the
following situations- (UP-APO-2002)

(A) Previous good character of the accused in criminal cases

(B) Previous bad character in reply to evidence of good character in criminal cases
(C) Character as affecting the amount of damages in civil cases
 (D) Character to prove conduct imputed in civil cases

65. Which one of the following is not a public document? (UP-APO-2002)

(A) An unregistered family settlement

(B) A registered sale deed
(C) Judgment of High Court
(D) Judgment of Civil Judge

66. A witness who is unable to speak gives his evidence in writing in the open court, evidence
so given shall be deemed to be- (UP-APO-2002)

(A) Documentary evidence

(B) Primary evidence
(C) Secondary evidence
(D) Oral evidence

67. Assertion (A): Extra-judicial confession, if voluntary, can be relied upon with other
evidence.

Reason (R) : Extra-judicial confession is a weak piece of evidence. (UP-APO-2002)

Codes:

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

ANSWER
(52)-C, (53)-B, (53)-C, (54)-B, (55)-B, (56)-B, (57)-B, (58)-A, (59)-D, (60)-D, (61)-A, (62)-B,
(63)-D, (64)-A, (65)-V, (66)-D, (67)-A