The document contains questions and answers related to the Indian Evidence Act, 1872. Some key points covered include:
- The Indian Evidence Act seeks to consolidate and define the law of evidence in India. It was passed in 1872 and applies to judicial proceedings and arbitrations.
- Evidence includes both oral statements made before a court and documents produced for inspection. A document is broadly defined to include written and printed materials.
- The law of evidence is considered procedural law and aims to determine what facts may be proved. Circumstantial evidence and documents can be used as evidence subject to the rules under the Act.
- The doctrine of res gestate allows contemporaneous statements made during or immediately after an event to be
The document contains questions and answers related to the Indian Evidence Act, 1872. Some key points covered include:
- The Indian Evidence Act seeks to consolidate and define the law of evidence in India. It was passed in 1872 and applies to judicial proceedings and arbitrations.
- Evidence includes both oral statements made before a court and documents produced for inspection. A document is broadly defined to include written and printed materials.
- The law of evidence is considered procedural law and aims to determine what facts may be proved. Circumstantial evidence and documents can be used as evidence subject to the rules under the Act.
- The doctrine of res gestate allows contemporaneous statements made during or immediately after an event to be
The document contains questions and answers related to the Indian Evidence Act, 1872. Some key points covered include:
- The Indian Evidence Act seeks to consolidate and define the law of evidence in India. It was passed in 1872 and applies to judicial proceedings and arbitrations.
- Evidence includes both oral statements made before a court and documents produced for inspection. A document is broadly defined to include written and printed materials.
- The law of evidence is considered procedural law and aims to determine what facts may be proved. Circumstantial evidence and documents can be used as evidence subject to the rules under the Act.
- The doctrine of res gestate allows contemporaneous statements made during or immediately after an event to be
The document contains questions and answers related to the Indian Evidence Act, 1872. Some key points covered include:
- The Indian Evidence Act seeks to consolidate and define the law of evidence in India. It was passed in 1872 and applies to judicial proceedings and arbitrations.
- Evidence includes both oral statements made before a court and documents produced for inspection. A document is broadly defined to include written and printed materials.
- The law of evidence is considered procedural law and aims to determine what facts may be proved. Circumstantial evidence and documents can be used as evidence subject to the rules under the Act.
- The doctrine of res gestate allows contemporaneous statements made during or immediately after an event to be
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Odisha Judicial Service Examination, 2021
Indian Evidence Act
1. The Indian Evidence Act, 1872 seeks to:-
(a) Amend the law of evidence (b) Define the law of evidence (c) Consolidate the law of evidence (d) All the above
2. The Indian Evidence Act was
(a) Passed on 15th March 1872 and enforced on 10th September 1872 (b) Passed on 1st May 1872 and enforced on 5th June 1872 (c) Passed on 10th March 1872 and enforced on 18th December 1872 (d) Passed on 15th March 1872 and enforced on 1st September1872
3. The Indian Evidence Act applies to –
1. All judicial proceedings before any Court 2. Indian Court Martial but not to European Court Martial 3. Arbitrators empowered to pass an award under the Arbitration and Conciliation Act, 1996 4. Affidavits presented to any Court or officer
(a) 1,2, 3 & 4
(b) 1&2 (c) 1&3 (d) 1&4 4. The law of evidence is _________ and it is also called ______________. (a) Procedural law, Lex Loci (b) Adjective law, Lex Fori (c) Procedural Law, Lex Talioais (d) Adjective law, Lex Loci solectioais 5. ‘Evidence’ means and includes – (a) Statements made before a Court (b) Documents produced for the inspection of a Court excluding electronic records (c) All documents produced for the inspection of the Court (d) Both (a) and (c) are correct 6. In relation to the Indian Evidence Act, which of the following statements is not correct? (a) Court includes arbitrators (b) Statements made before the Court by witness are called ‘oral evidence’ (c) Documents produced before the Court is called ‘documentary evidence’ (d) The state of person’s health is a fact 7. Under the Indian Evidence Act, which of the following is correct? (1) ‘Fact is mother’ and ‘Fact in issue’ is child. (2) ‘Fact in Issue’ is also known as ‘Factum Probandum’ (that which is to be proved) (3) Words printed, lithographed or photographed are documents (4) A relevant fact is also known as ‘Factum probans’ (a fact that proves) (a) All are correct (b) 2, 3 & 4 are correct (c) 1 & 3 are correct (d) 2 & 3 are correct 8. ‘Document’ as defined in section 3 of the Indian Evidence Act includes:- (1) A written document (2) Plain paper (3) Musical note (4) Banner with an inscription (a) 1 & 4 (b) All the above (c) 1, 3 & 4 (d) 1 & 4 9. Consider the following statements regarding the Indian Evidence Act, 1872. (1) There are total 165 sections (2) The Act is divided into 3 parts (3) There are 11 chapters in total Which of the following are correct? (a) 1, 2 & 3 (b) 1 & 2 (c) 2 & 3 (d) All the above 10. Conclusive proof under the Indian Evidence Act implies- (a) that the proof is conclusive (b) that the Court shall, on proof of one fact, regard the other as proved (c) that the Court shall, on the proof of the one fact, regard the other as proved and not allow further evidence to disprove it. (d) None of the above 11. Fact in Issue is – (a) disputed fact (b) alleged fact (c) factum probans (d) relevant fact 12. Confession is – (a) defined in law (b) not defined in the Evidence Act (c) defined in other laws (d) none of the above 13. Evidence can be given of:- (a) existence of a fact in issue or relevant fact (b) non existence of an issue of fact or relevant fact (c) non existence of a fact in issue or relevant fact (d) both (a) and (c) 14. ‘Affidavits’ are specially excluded by the Indian Evidence Act, because:- (a) They are sworn statements (b) All the statements in it are based on knowledge only (c) There may be statements in it based on information and belief (d) None of the above 15. Confessions by co-accused may be given due consideration- (a) if both are tried jointly (b) if they are tried for the same offence (c) if the confession is legally proved (d) all the above 16. The committing magistrate is – (a) a Court but not a Judge (b) a Judge but not a Court (c) a Judge and a Court (d) None of the above 17. Which is the main principle that underlies the law of evidence? (a) Evidence must be confined to relevant fact (b) Hearsay evidence must not be discarded by the Court at all times (c) Circumstantial evidence must be admitted at all times. (d) The best evidence must be given in all cases 18. The principle of Res Gestate is – (a) an English doctrine (b) a Roman doctrine (c) of Italian origin (d) Both (a) and (c) 19. A person is in his room and he hears his servant crying out that A is killing B. When the person rushes out B is unconscious and A has run away from the scene; but his servant and others tell him what happened. He would inform the police, who would investigate, and finally bring A to trial for the murder of B. At the trial, the evidence of the person who heard the cry would be:- (a) Relevant fact (b) Admissible as evidence (c) Relevant though hearsay (d) Hearsay evidence 20.Which of the following do not form part of Res Gestate? (a) The act of the assailant intruding into the courtyard at the dead of night (b) the victim’s identification of the assailant (c) her statement that the appellant was standing with a gun and that he fired at her (d) none of the above 21. In which of the following cases, it was held that contemporaneous dialogue formed part of res gestate and is relevant and admissible under section 6 of the Indian Evidence Act? (a) Yusufalli v. State of Maharashtra (b) R.M. Malkani vs. State of Maharashtra (c) Mahabir Prasad v. Surinder (d) None of the above 22. Doctrine of Res Gestate is applicable to – (a) Criminal proceedings (b) Civil as well as criminal proceedings (c) Civil proceedings (d) None of the above 23. In which of the following cases, it was held that the words so spoken should be de recenti and not after an interval, in order to constitute Res Gestate – (a) R vs. Christie (b) R vs. Foster (c) R vs. Bedingfield (d) None of the above 24. Which of the following are methods of proving handwriting? (a) By calling the person who wrote the document – Section 67 (b) By handwriting expert – Section 45 (c) By any previous admission by the person who had written it – Section 21 (d) All the above 25. Witness can refresh his memory (a) from contemporaneous notes made by him (under section 159 of IEA) (b) from records kept by him as part of his duty (Section 34-35) (c) both (a) and (b) (d) None of the above 26. Which provision of Indian Evidence Act contemplates “Real Evidence”? (a) Section 60 (b) Proviso to Section 60 (c) Section 73 (d) Section 64 27. The central idea of R vs. Bedingfield is – (a) Spontaneity and Contemporeity are factors of Res Gestate (b) The words spoken must be de recent (c) It overruled the decision of R vs. Christie (d) Contemporaneous dialogue formed part of Res Gestate 28. It is therefore, that for describing the concept of Res Gestate, one would need to examine, whether the fact is such as contemporaneously arising out of the occurrence, exclamations (of hurt, seeking help, of disbelieve, of cautioning and the like) arising out of the facts, spontaneous reactions to a fact, in the like”. In which of the following cases was it held? (a) State of Maharashtra vs. Kamal Ahmed Mohd. Vakil Ansari, (2013) (b) State of A.P. v. Panna Satyanarayan (2000) (c) Pratap Singh v. State of M.P. (1971) (d) None of the above 29. Facts in issue are – (a) an answer to the issue of fact (b) facts which are alleged by one party and denied by the other party (c) facts which are alleged by prosecution and denied by the accused (d) All the above 30. A files a suit against B for recovering money due on a promissory note. B denies the execution of the note and also that A lent him any money. The issues of fact in the said case are:-- (a) Did A lend money to B? (b) Did B execute the promissory note? (c) That B is liable to repay the principal amount and the interest calculated at a certain rate. (d) Both (a) and (b) 31. In case of a document being used as evidence, the Indian law – (a) only recognizes writing and not the material (b) not only the writing but also the material (c) the definition of document under Indian Evidence Act is identical to the definition of document given in IPC and General Clauses Act (d) Both (a) and (c) 32. Is writing obtained by the Court for the accused for comparison, an evidence under the Indian Evidence Act? (a) Yes (b) No (c) May be (d) None of the above 33. Relationship is not a factor to affect credibility of witness in the case of - (a) Chance witness (b) Interested Witness (c) Natural Witness (d) Inmical Witness 34. Which of the following is the best evidence? (a) Documentary evidence (b) Direct evidence (c) Primary evidence (d) All the above 35. Which of the following cases laid down the law pertaining to Circumstantial evidence? (a) Hanumant Govind Nargundkar v. State of M.P. (b) Tufail v. State of M.P (c) Har dayal v. State of U.P. (d) MajendranLangeswara vs. State (NCT of Delhi) 36. Circumstantial evidence is - (a) weak evidence and if necessary, requires corroboration (b) presumptive evidence (c) conviction can solely be based on circumstantial evidence (d) All the above 37. In a suit, there is an issue whether a letter has been written by B. ‘X’, a handwriting expert compares a genuine writing of B with the letter in question and gives his opinion that both are identical. Can another expert ‘Y’ be allowed to say that in the opinion of ‘X’, the writings are identical? (a) Yes (b) No, since this would tantamount to hearsay evidence (c) Y may be allowed to say (d) None of the above 38. An evidence is relevant – (a) even if obtained illegally (b) even if obtained in the course of a search or seizure in violation of the provisions of Cr. PC (c) Such evidence could be excluded only where the accused had been lured into incriminating himself by deception after the commission of an offence (d) All the above 39. Which of the following is good evidence? (a) Confession of a co-accused (b) Approver’s evidence (c) Written statement of an accused person (d) None of the above 40. Probative force of evidence implies force to induce the Court (a) To believe in the existence of the fact sought to be proved (b) To consider it’s existence so probable that a prudent man ought to act upon the supposition that it exists (c) Either (a) or (b) (d) Both (a) and (b) 41. Which of the following is true in respect of the maxim “Falsus in uno Falsus in Omnibus” - (a) It is merely a rule of caution (b) This maxim does not occupy the status of law in India (c) It means that if a thing is false in respect of one, it must be taken to be false in respect of all. (d) All the above 42. Which of the following is an instance of a rebuttable presumption of law? (a) Nothing is an offence which is done by a child under seven years of age (b) Burden of proving that case of accused comes within exceptions (c) Presumptions as to documents thirty years old (d) None of the above 43. Which of the following is not true about Relevancy and Admissibility of evidence under Indian Evidence Act? (a) Relevancy and admissibility are co-extensive and interchangeable terms. (b) Relevant means that which is logical probative while admissibility is not based on logic but on law and strict rules. (c) In the Indian Evidence Act, the question of relevancy has been dealt with under sections 6 to 55 and that of admissibility from section 56 onwards. (d) The facts that are allowed to be proved are called relevant facts while the admissibility is the means and the method of proving the relevant facts. 44. In a case, plaintiff filed a suit for injury received due to a defective staircase. The defendant was allowed to adduce evidence that 43,000 persons have passed from the stairs and none received injuries. Under which section of IEA, will the fact be relevant? (a) Section 7 of the IEA (b) Section 6 of the IEA (c) Section 8 of the IEA (d) Section 9 of the IEA 45. Which of the following constitutes motive under section 8 of the IEA? (a) The fact that the accused was the father of the child of which the deceased was pregnant at the time of her murder. (b) The accused Palmer was financially embarrassed and to overcome his difficulties, he borrowed large sums of money from one of his friends. One night after attending the races together, his friend came back to his hotel and died soon after midnight under circumstances, which raised a suspicion that he had been poisoned. (c) In a case, certain lands were inherited by the deceased along with his brother, but the accused got them transferred into their names. At the time of the incident, criminal and revenue cases were pending between the accused and the deceased. (d) All the above 46. Which of the following is incorrect with respect to conduct under section 8 of Indian Evidence Act? (a) The conduct must be in reference to the facts in issue or the facts relevant to them. (b) It need to be contemporaneous (c) A conduct if relevant if it influences or is influenced by a fact (d) Only those statements which accompany and explain acts other than statements can be regarded as conduct. 47. A is running out besmeared with blood and crying helplessly to the people of vicinity to save his life from B who had wounded him and is about to beat more. The cries of A is – (a) a statement under section 8 (b) a complaint under section 8 (c) Either (a) or (b) (d) Neither (a) nor (b) 48. ‘A’ leisurely walks down from a place with injuries on his person and when intervened and asked by a bystander he says that ‘B’ has assaulted him. This would amount to – (a) A complaint under section 8 (b) A statement under section 8 which is inadmissible (c) oral statement (d) None of the above 49. Identification of which of the following is allowed under section 9? (a) Identification of accused (b) Identification of victim (c) Identification of arms and bullets (d) All of the above 50. What is the evidentiary value of the identification of the accused by witness for the first time in Court without being tested by a prior identification parade? (a) Identification of accused in Court for the first time is reliable (b) Identification is a substantive piece of evidence (c) Without prior test identification parade, Identification of accused for the first time in Court is valueless (d) None of the above 51. In which of the following cases, the Court held that failure to hold Test Identification Parade was not fatal to the prosecution case? (a) Pammi vs. State of M.P. (b) Lakshmi Raj Shetty vs. State of Tamil Nadu (c) Dana Yadav vs. State of Bihar (d) None of the above 52. Which of the following is true? (a) In case the eye witness account if found to be credible and trustworthy, the medical opinion suggesting an alternative possibility is not conclusive (b) In case of conflict between ocular evidence and the medical evidence, ocular evidence shall be preferred to the medical evidence in case ocular evidence is acceptable, trustworthy and reliable. (c) Both (a) & (b) (d) None of the above 53. Which of the following cases held that Court identification is a good identification in the eyes of law and no straight jacket formula can be adopted? (a) Ravi Kapur v. State of Rajasthan (2012) 9 SCC 284. (b) R. Shaji vs. State of Kerala AIR 2013 SC 651 (c) Daya Singh vs. State of Haryana, AIR 2001 SC 1188 (d) None of the above 54. Which of the following is correct regarding Test Identification Parade/ (a) There is no fixed time of TIP and there is no rule of number of identifying witnesses (b) It is for Court to decide in facts and circumstances of the case and evidence on record whether to accept or reject evidence of the identification (c) TIP doesn’t constitute evidence but can be used only for corroboration of statement in the Court (d) All of the above 55. Which of the following is an essential of conspiracy? (a) Conspiracy is an agreement to do an unlawful act or lawful act by unlawful means. (b) It is a crime as well as a tort. (c) The basis of this rule is agency (d) All of the above 56. The words “in reference to their common intention” U/S 10 means – (a) In reference to what at the time of statement was intended in the future (b) In reference to what was intended at that time (c) In reference to the context (d) None of the above 57. Burden of proving the plea of alibi lies on – (a) The prosecution, (b) the defence, (c) the person who sets it up (d) None of the above 58. What is the evidentiary value of alibi witness? (a) Reliable and trustworthy evidence (b) Cogent evidence (c) Alibi evidence has a greater evidentiary value but very often a witness may not be in a position to offer such cogent alibi evidence (d) None of the above 59. Where the question is whether A committed the murder of B by administering the poison, the fact that B committed a suicide by consuming poison (a) Is relevant u/s 9 (b) Is relevant u/s 8 (c) Is relevant u/s 7 (d) Is relevant u/s 11 60. Which of the following is true about section 11? (a) The section is too wide in it’s import (b) It does not place any restriction upon the range of facts that can be admitted as showing inconsistencies or probabilities (c) No finding of plea of alibi can be recorded by the High Court for the first time in a quotation u/s 482 of Cr. PC (d) All of the above 61. Section 12 applies to – (a) Civil cases (b) Civil and Tort (c) Either (a) or (b) (d) None of the above 62. Section 13 applies to – (a) all kinds of rights (b) all customs and usages (c) both (a) and (b) (d) None of the above 63. Whether a former judgment can operate as a “transaction” within the meaning of section 13? (a) Yes. (b) No. (c) It may be a transaction u/s. 13 (d) None of the above 64. Under section 14, evidence cannot be given – (a) To prove the state of mind in general (b) To prove the state of mind in reference to the particular matter in question (c) To prove the mental state that the stolen property was received with knowledge that it was stolen (d) None of the above 65. Where the charge is that of intentional murder and robbery, instances of other dacoities by the same person – (a) Would be relevant u/s 14 (b) Would not be relevant for they would not show an intention to cause the death of a particular person (c) Either (a) or (b) (d) None of the above 66. Statements about one’s own bodily feeling are of - (a) Self serving nature (b) Self serving nature under section 21 (c) Self harming nature (d) None of the above 67. As a general rule, in order to prove that the accused is guilty of theft, the evidence of past or subsequent theft committed by him are admissible only to the extent (a) To show the state of mind of accused and not to prove the existence of the fact in issue (b) To overthrow the defence of the Act in question being a mere accident (c) Both (a) and (b) (d) None of the above 68. Which of the following is true about section 15? (a) The section covers only those cases where the question is whether a particular act is accidental or intentional (b) This section is a particular application of the general rule laid down in the previous section (c) Both (a) and (b) (d) None of the above 69. Presumption of Court u/s 16 is - (a) Rebuttable Presumption of law (b) Irrebuttable Presumption of law (c) The presumption is only permissible and not inevitable presumption (d) None of the above 70. Which of the following is incorrect regarding admissions? (a) Admission need not be addressed to any particular person (b) Admission made in a state of soliloquy are also provable (c) Admission can also be made by means of science and gestures (d) None of the above 71. Which of the following are formal Admissions or Judicial Admissions u/s 58? (a) Admissions made in any judicial proceeding (b) Admission made by the parties in writing (c) Admissions deemed by any rule of pleading in force (d) All of the above 72. Admissions can operate as a waiver of proof in the course of judicial proceedings – (a) Only in case of formal Admissions (b) In case of formal and informal Admissions (c) Either (a) or (b) (d) Only in case of formal Admissions but not in case of informal Admissions which are made casually 73. Admission is – (a) A substantive evidence and is relevant (b) A substantive piece of evidence (c) A corroborative evidence (d) None of the above 74. Which of the following may not be presumed by the Court? (a) Presumption as to telegraphic messages (b) Presumption as to electronic messages (c) Presumption as to due execution of documents not produced (d) None of the above 75. Which of the following is true with respect to Admission made by a legal counsel? (a) Admission made by a legal counsel is not binding on the client (b) Admission made by a counsel on a matter of law or on an issue of mixed question of law and fact are not binding on the party he represents (c) Admission made by a counsel is binding on the client provided it is related to the subject matter of the suit and made under a misapprehension (d) Both (b) and (c) 76. Which of the following is related to Ambiguity? (a) Section 95 (b) Section 91 (c) Section 92 (d) All of the above 77. Which of the following things fall out of purview of confession? (a) Exculpatory statements (b) Guilty conduct (c) Acknowledgment of subordinate facts (d) All of the above 78. Confession must be – (a) Taken as a whole or rejected as a whole (b) Partially accepted or partially rejected (c) Completely accepted or partially rejected (d) Partially accepted or completely rejected 79. Confession comprises of – (a) Both inculpatory and exculpatory statements (b) Only inculpatory statements (c) Only exculpatory statements (d) None of the above 80. Which of the following is correct with respect to confession? (a) Confession appears for the first time in section 24 (b) Confession is merely one of the species of Admission (c) Where the admission is not direct and clear, but only an inference of guilt of the accused could be drawn from the admission, such admissions would not amount to confession. (d) All of the above 81. R was charged with a murder of his wife and 3 daughters. He wrote on a piece of paper that they were not in this world. (a) This will be an admission (b) It will be a confession (c) Neither (a) nor (b) (d) None of the above 82. M and K were threatened in a Panchayat of their caste fellows that they would be ex-communicated from caste for life if they did not tell whether they murdered B. Upon this they confessed the guilt. Will the confession be admissible as evidence? (a) The confession will be admissible as evidence (b) The confession will not be admissible (c) The confession will be admissible as evidence u/s. 24 as there was no threat made having reference to any charge against them (d) None of the above 83. Section 24 applies to – (a) To an accused (b) To a person charged with the offence (c) To a person who was not an accused at the time he made the confession but was charged with the offence at a later stage (d) None of the above 84. It is a general principle that confession must be accepted as a whole. The exception to the above principle is – (a) It is permissible to believe one part of confessional statement which is inculpatory if there is other evidence on record to prove it’s correctness. (b) If the exculpatory part of the statement is inherently improbable, it may be rejected and inculpatory part may be admitted (c) Both (a) and (b) (d) None of the above 85. Which is untrue with respect to the evidentiary value of confession? (a) Accused can be convicted solely on the basis of confession made to a magistrate (b) Extra judicial confession need no corroboration (c) Extra judicial confession are a weak piece of evidence and can be relied upon only when it is clear, consistent and convincing (d) None of the above 86. Which of the following cases deal with delay in retraction of confession? (a) Sanjay Dutt vs. State of Maharashtra, 2013 STPL (Web) 225 SC (b) Mohd. Amin vs. CBI, (2008) 15 SCC 49 (c) Both (a) and (b) (d) Manjit Singh vs. CBI, (2011) 11 SCC 578 87. Section 25 deals with Confession to police officer. It applies to – (a) Confession made before investigation (b) Confession made after investigation (c) Both Confession made before investigation and a Confession made after investigation (d) None of the above 88. The prohibition of Section 25 applies to – (a) Only confession which are to be proved against the accused in support of prosecution case (b) Only to statement on which the accused himself wishes to rely for his defence (c) Either (a) or (b) (d) None of the above 89. Several persons of one party drove several cattle belonging to the deceased to the cattle pond. Two of them made a statement to the police that the cattle of the deceased damaged their crops. While they were bringing the cattle to the pond, the deceased interfered with the carrying of the cattle and so their was a fight which caused death of the deceased. The statement to the police – (a) Was not admissible in evidence as it was a mere complaint and not an admission of guilt (b) Was admissible in evidence as confession (c) Was only an exculpatory statement of the circumstances under which the cattle had been seized (d) Both (a) and (c) 90. Custody of police u/s. 26 implies – (a) Direct or indirect police surveillance (b) Restriction on the movements of the accused (c) Both (a) and (b) (d) None of the above 91. The admission of accused before custom authorities – (a) Is not covered by section 25 (b) Is covered by section 25 (c) Is not covered by either section 25 or section 26 (d) None of the above 92. If A is charged u/s. 325 IPC for having caused grievous injury to B; but C is charged u/s. 325 for having caused grievous injury to G and then suppose A and C are tried jointly. The confession of A against C – (a) Would be admissible as evidence (b) Would not be admissible as evidence because they are not being tried for the identical offence (c) Would not be admissible u/s. 30 (d) Both (b) and (c) 93. Which of the following is true with respect to relevancy of judgments? (a) As a matter of general principle, the judgment of a previous case is not relevant in another case (b) Exceptions have been provided in Sections 40 to 42 (c) If a judgment is not relevant under sections 40 to 42, then it will not be relevant under any other provision of the Evidence Act. (d) All the above 94. Evidence of Res Judicata is admissible – (a) Under section 11 of the CPC, 1908 (b) Under section 40 of the Evidence Act (c) Under section 43 of the Evidence Act (d) None of the above 95. Under section 41, the judgment in rem are relevant only for showing – (a) That the judgment confers a legal character on a person; (b) That it has declared that a person had such legal character; (c) That it has declared that any legal character of a person which subsisted had ceased to exist. (d) All the above 96. New facts can be introduced at the stage of – (a) Cross- examination (b) Re-examination (c) Examination-in-chief (d) None of the above 97. Which of the following is indicative in nature? (a) Leading questions (b) Questions asked in cross-examination (c) Questions asked in Re-examination (d) None of the above 98. Leading questions may be asked – (a) Where they are not objected to by the opposite part or where objected but overruled by the Court (b) May always be asked in cross-examination matter of undisputed or introductory nature or the matter in question has already been satisfactorily proved (c) Where they deal with matter of undisputed or introductory nature or the matter in question has already been satisfactorily proved (d) All the above 99. Which section of the Indian Evidence Act permits cross-examination by oral statements? (a) Section 145 (b) Section 154 (c) Section 153 (d) Section 143 100. Is section 145 attracted in case of admissions? (a) Section 145 is not attracted in case of admissions (b) It is applicable to admissions (c) Section 145 may not be applicable to admissions (d) None of the above Answer Key 1. d. Preamble 2. d. - 3. b. Section 1 4. b. – 5. d. Section 3, definition of evidence 6. a. Section 1 7. a. Illustration to section 3, definition of document 8. c. Section 3, definitions of document and fact in issue 9. c. - 10. c. Section 4 11. a. Section 3, definition of Fact in Issue 12. b. - 13. d. Section 5 14. c. Section 1 15. d. Section 30 16. a. Section 3, definition of Court 17. d. - 18. d. - 19. c. - 20. d. Section 6 21. a. - 22. b. - 23. a. - 24. d. - 25. c. Section 159 and 160 26. b- 27. a- 28. a. - 29. d. Section 3 30. d. - 31. d. Section 3, definition of document 32. b. Section 73 33. b. - 34. d. - 35. a. - 36. d. - 37. b. - 38. d. Case Law – Barendra Kumar Ghose vs. King Emperor 39. b. - 40. c. - 41. d. - 42. b. - 43. a. - 44. a. Section 7 45. d. Section 8 46. b. Section 8 47. b. Section 8 48. b. Section 8 49. d. Section 9 50. c. Section 9 51. a. - 52. c. - 53. a- 54. d. - 55. d. Section 10 56. a. Section 10 57. c. Section 11, Harichand vs. State AIR 1996 58. c. - 59. d. Section 11 60. d. Section 11 61. a. Section 12 62. c. Section 13 63. a. Section 13 64. a. Section 14 65. b. Illustration p to section 14 66. b. - 67. c. Section 14 68. c. Section 15 69. c. Section 16 70. d. - 71. d. Section 58 72. d. - 73. a. - 74. c. Section 89 75. d. - 76. a. - 77. d. - 78. a. - 79. b. - 80. d. - 81. a. - 82. c. Section 24 83. c. Section 24 84. c. - 85. b. - 86. c. - 87. c. Section 25 88. a. Section 25 89. d. - 90. c. Section 26 91. c. - 92. d. - 93. d. Sections 40-42 94. b. Section 40 95. d. Section 41 96. a. Section 138 97. a. Section 141 98. d. Section 142 and 143 99. c. Section 153 100. a. -