MP Test Series 5 21 12 2023
MP Test Series 5 21 12 2023
MP Test Series 5 21 12 2023
PAPER #5
(Friday, 21/12/2023)
Important Instructions-
EVIDENCE ACT
(a) X (b) XI
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
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Q.6 Evidence may be given of?
Q.10 The question is whether ‘A’ was robbed b ‘B’ marks on the ground, produced by
struggle at the place of murder is relevant under:
Q.12 In order to discover or obtain proper proof of relevant fact the judges are provided the
power under:
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.14 Corroboration or contradiction of the statements of the person who cannot be found?
(b) A DNA report that clearly establishes that the killed child was the son of an
industrialist, who is disinterested in owning the paternity of the child (Sec. 9).
(c) The witnesses depose that after hearing the first shot they climbed the boundary
wall and saw the accused chasing the victim before the final shoot-out (Sec. 7).
(d) After the alleged rape the victim narrated the whole incident to the police over
phone (Sec. 8, Explanation 1).
Q.16 Question which are intended to ‘Insult or Annoy’ are provided under:
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.20 A leading case on the admissibility of tape-recorded conversation is:
Q.21 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:
(a) Inadmissible
(b) Oral account of the contents of a document is admissible only when given by a
person who has seen and read the document.
(c) A witness who has given oral evidence is not entitled to give documentary
evidence.
(d) Copy of a copy if has not been compared with the original is neither a primary
nor a secondary evidence.
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
(b) The date on which the document is filed in the court.
(c) The date on which the document is tendered in evidence, when its genuineness
is in issue.
(b) Matters which a witness is willing to disclose but not permitted to do so.
(d) Party calling the witness may cross- examine him with the permission of Court
(b) Matters which a witness is willing to disclose but not permitted to do so.
Q.29 In Evidence Act the facts of which judicial notice is to be taken are stated in
(a) Section 106 of the Evidence Act (b) Section 107 of the Evidence Act
(c) Section 108 of the Evidence Act (d) Section 109 of the Evidence Act
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.31 Point out the correct statement:
Q.32 Under section 122 of the Evidence Act, 1872 privilege is available to
Q.34 Which one of the following sections of the Indian Evidence Act provides exception to
the rule "hearsay evidence is not admissible":
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.37 Under which one of the following sections of the Evidence Act the previous conviction
of a person is relevant?
Q.43 Mirza Akbar v. Emperor in related to which section of the Evidence Act?
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.45 Which of the following facts need not be proved?
Q.46 Oral Evidence under Section 60 of the Act must in all cases be?
Q.48 Which Section of the Indian Evidence Act deals with “Doctrine of confirmation by
subsequent facts”?
Q.49 Which section of Indian Evidence Act, does provide us with doctrine of ‘res ipsa
loquitur’
Q.50 A confession made to which of the following persons will be hit by Sec. 25:
Q. 51 The Witness Protection Scheme, 2018 approved by the Supreme Court of India in the
case of Mahender Chawla vs Union of India, 2018 SCC Online SC 2679 is a scheme
(a) Providing for assessment of threat perception to the life of a witness or his
family members, during investigation/trial or thereafter.
(c) Providing for protection of a witness in a trial punishable with imprisonment for
a term not less than 10 years, which may extend to imprisonment for life or
death.
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
(d) Does not provide for change of identity as also relocation of witness due to law
and order being a State legislative subject.
Q.52 In which of the following recent judgement Supreme Court held that “witness not
discredited by mere contradiction between testimony and statement given to police”
Q.53 A certificate under Section 65-B of the Evidence Act can be produced at any stage of
the trial” has been recently held by Supreme Court in which of the following cases?
(a) Makes it obligatory on the witness to produce the document summoned by the
court and he has no right to decide whether the document shall be produced.
(b) The party producing the document under court order may raise his objections to
its production or admissibility.
(c) The court may inspect the document to determine on its admissibility, unless it
refers to matters of State.
(a) A witness could look at the dying declaration which was noted by him to refresh
his memory.
(b) A medical man could refresh his memory by referring to a report prepared by
him in his post-mortem examination.
(c) Any writing used for the purpose of refreshing the memory of witness, must be
produced and shown to the adverse party if he requires it.
(d) It is necessary that the document or writing used for refreshing the memory
should be relevant or admissible in evidence.
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.56 A is indicted for the murder of B. C says that B, when dying, declared that A had given
B the wound of which he died. Evidence is offered to show that, on a previous occasion,
C said that the wound was not given by A or in his presence.
Q.57 A witness is asked whether he was not dismissed from a post for dishonesty. He denies
it. Evidence is offered to show that he was dismissed for dishonesty.
Q.58 Under Sec. 148, when in the course of a cross-examination the question asked to the
witness is not relevant to the facts, but is asked only to shake his credit by exposing his
character:
(c) The court has to decide whether or not the witness shall be compelled to answer
it.
(d) The prosecution has to decide whether or not the witness shall be compelled to
answer it.
Q.59 The question is whether A assaulted B, evidence is offered through the mouth of C that
he heard A saying to D that B had written him a letter accusing him of theft and that he
will take his revenge. Though the letter itself is not produced, this statement about the
letter:
(c) May be proved because the statement is relevant as showing A's motive for the
assault.
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.60 Which of the following is not an example of a leading question:
(d) Are you not in the service of such and such a person?
(b) After re-examination of a witness, the adverse party has a right to further cross-
examine the witness only when a new matter is introduced in re-examination.
(c) During re-examination of a witness, a new matter can be introduced only with
the court's permission.
(c) R. v Baskerville.
Q.63 What number of witnesses will be required for the proof of any fact?
(c) After the counsel has been given an opportunity to address the court on the
point.
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.65 It is proposed to prove a fact (A) which is said to have been the cause or effect of a fact
in issue. There are several intermediate facts (B, C and D) which must be shown to exist
before the fact (A) can be regarded as the cause or effect of the fact in issue.
(b) The court may require proof of B, C and D before permitting proof of A.
Q.66 Under Sec. 132, where a question put to a witness is relevant to the matter in issue in
any suit or in any civil or criminal proceeding but the answer would tend to criminate
him to civil or criminal liability or to a penalty or forfeiture, then:
(c) The answers, which the witness is compelled to give, should constitute an
evidence against him.
(b) Any document by which he became the pledgee or mortgagee of any property.
Q.68 Which section of the Evidence Act protects unpublished State records from being
disclosed?
Q.69 Which section of the Evidence Act lays down that no public officer shall be compelled
to disclose communications, made to him in official confidence?
Q.70 Under Sec. 125, can a police officer be compelled to disclose the source of information
as to the commission of an offence?
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.71 If a correspondence (e.g. letter) containing communication from a husband to wife (or
vice versa) falls into the hands of a third person:
Q.72 Which of the following is not a case coming under Sec. 122 (Privileged
communications between husband and wife):
Q.73 A judge or magistrate is a competent witness. In which of the following cases, he can
be a witness only upon the special order of a higher court:
(a) A on his trial before the Court of Session, says that a deposition was improperly
taken by B, a Magistrate. B can be compelled to answer as to this.
(b) A is accused before the Court of Session of attempting to murder a police officer
whilst on his trial before B, a Session Judge. B may be examined as to what
occurred.
(a) Estoppel operates in case of a tenant during the continuance of tenancy or when
the tenant remains in possession after the termination of tenancy by notice to
quit.
(b) The tenant is estopped from denying the title of landlord to the property at the
commencement of the tenancy.
(c) The tenant is estopped from denying the title of actual owner to the property at
the commencement of the tenancy.
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.75 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.
(d) There can be estoppel when the truth of the matter is known to both parties.
Q.79 Sec. 113-A inserted by 1983 Criminal Law Second Amendment Act:
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.81 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:
Q.82 According to Sec. 105, In criminal trials, the onus is on the accused to prove that his
case falls in:
(c) Any of the proviso to the provision under which the accused is charged.
Q.83 A prosecutes B for theft, and wishes the court to believe that B admitted the theft to C.
The burden of proving the admission is on:
(a) A (b) B.
(c) C. (d) A or B or C.
Q.84 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 on:
(a) Y. (b) X.
Q.85 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:
(a) Inadmissible under Sec. 91. (b) Inadmissible under Sec. 92.
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.87 Extrinsic or oral evidence can be given in cases of ambiguous documents. But such
evidence is allowed only when the defect in the document Is:
(a) A enters into a written contract with B to work certain mines of B, upon certain
terms. A was induced to do so by a misrepresentation of B's as to their value.
(b) A sells B a horse and verbally warrants him sound. A gives Ba paper in these
words: "Bought of A a horse for Rs. 500".
(c) A and B make a contract in writing to take effect upon the happening of a certain
contingency. The writing is left with B, who sues A upon it.
(a) A contract for sale of goods mentions that the goods supplied on earlier
occasions have been paid for. Oral evidence offered to show that no such
payment was ever made.
(b) A gives B a receipt for money paid by B. Oral evidence is offered of the
payment.
Q.90 The provisions as to exclusion of oral by documentary evidence under Secs. 91 and 92
are based on the rule of:
(c) Both (a) and (b) are correct. (d) Both (a) and (b) are incorrect.
(b) Was under the care of a person with whom it would naturally be.
Q.92 Under Sec. 90A, the presumption as to Electronic Records is for the records:
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.93 Sec. 88 provides for:
(b) Presumption that the message was meant for the person whom it is purported to
be delivered.
(a) Sec. 57 authorizes the Courts to take judicial notice of the existence of all laws
and statutes in the territory of India and U.K.
(c) Sec. 78 lays down the method of proving the Statutes/Acts passed by the
legislature.
(d) According to Sec. 84, the Court presumes the genuineness of every book,
printed or published under the authority of the Government of any country,
which contains laws of that country.
(a) According to Sec. 83, maps or plans purporting to be made with the authority
of the Central/State Government are presumed to be accurate.
(b) According to Sec. 83, maps or plans made by private persons are presumed to
be accurate.
(c) Presumption as to books, maps and charts under Sec. 87 could be raised in
respect of a private publisher.
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in
Q.97 Which of the following is a public document:
Q.99 According to Sec. 60, the oral evidence must be direct except in the case of:
Q.100 The question is, whether a given road is a public way. A statement by A, a deceased
headman of the village, that the road was public, is a relevant fact under:
Head Office: 50 Mall Road, Kingsway Camp Near GTB Metro, Gate No. 3, Delhi – 110009
Mobile No.: 8373964964 Website: www.yourlordships.in