JUDICIARY ACADMEY , JAIPUR

(judiciary_justlegallaws)

Indian evidence act (1 – 16)

1. Facts ,which ,though not in issue ,are so connected with the fact in issue as to form part of
the same transaction ,whether they occurred at the same time and place or at different
times and places :- (RJS Exam 2015)
(a) Are irrelevant (c) are partly relevant
(b) Are relevant (d) none of the above

2. Which of the following statements ,as per provisions of the Indian Evidence Act ,1872 ,is
not Correct :- (RJS Exam 2015)
(a) Facts which are inconsistent with any fact in issue ,shall not be relevant
(b) Facts not otherwise relevant are relevant if by themselves or in connection with other
facts ,they make the existence or non-existence of any fact in issue or relevant fact
highly probable or improbable
(c) Any fact is relevant ,which shows or constitutes a motive or preparation for any fact in
issue or relevant fact
(d) Admissions are not conclusive proof of the matters admitted ,but they may operate as
estoppels under the provisions of the Indian Evidence Act ,1872

3. In the Indian Evidence Act ,the expression “court” means . (RJS Exam 2013)
(a) All judges (c) All persons except Arbitrators ,legally authorized to take
(b) All magistrates (d) All the above

4. A sues B for negligence in providing him with a carriage for hire not reasonably fit for
use ,whereby A was injured .The fact that B was habitually negligent about carriage which
he let to hire is :- (RJS Exam
2013)
(a) Relevant (c) neither relevant nor irrelevant
(b) Irrelevant (d) relevant as well as irrelevant

5. Facts showing existence of state of mind or body or bodily feelings of a person are
relevant under which of the following Acts ? (APP Exam 2011)
(a) Under section 280 of the CrPC 1973 (c) Under section 14 of the IEA 1872
(b) Under order 18 Rule 12 of the CPC 1908 (d) under all the above sections and acts

6. Under section 13 of the Indian Evidence Act ,1872 “any transaction” or “particular
instances” is relevant for explaining the existence of any right or custom ,but not relevant
for explaining the existence of a crime .This statement of law laid down in :-
(a) Gurdit Singh Vs. Smt. Angrej Koer 1968 S.C.
(b) Suraj Mani Vs Durga Charan ,2001 S.C.
(c) Anandi Bai Vs Raja Ram ,1973 Raj.
(d) Shakuntla Vs Amar Nath ,1982 Punjab and Haryan (APP Exam 2011)
7. Which of the following case was decided on the basis of “tears from eyes” evidence of a
women ,namely ? (APP Exam 2011)
(a) State of Rajasthan Vs Smt. Kanuri Devi ,1998 Rajasthan
(b) Shamim Rehmani Vs State of UP ,1975 S.C.
(c) K.M. Nanawati Vs State of Maharashtra ,1961 S.C.
(d) Palvinder Kaur Vs State of Punjab ,1952 S.C.

8. ‘A’ is tried for a riot and is proved to have marched of head of a mob.
The cries of the mob are relevant as (RJS Exam 2011)
(a) They are related to things said or done by the conspirators in reference to the
common design.
(b) Explanation of the nature of the transaction
(c) Explanatory of motive or preparation
(d) Explanatory of occasion ,cause or effects of facts

9. “A” is accused of receiving stolen goods Knowing them to be stolen .It is proved that he
was in possession of a particular stolen article .As per which Section of the IEA 1872 ,the
fact that at the same time he was in a possession of many other stolen articles is
relevant ,as tending to show that he known each and all article of which he was in
possession to be stolen ?
(APO exam 2015)
(a) Section 13 (c) Section 15
(b) Section 14 (d) Section 16

10. One of the method of establishing the identity of the accused is test “Identification
Parade” .Under which section of the Indian Evidence Act 1872 ,the evidence of the
Identity of the accused is received ? (APO Exam 2015)
(a) Section 7 (c) Section 9
(b) Section 8 (d) section 10

11. That there are certain objects arranged in a certain order in a certain place :-
(a) Is a fact (c) Is a document (MP PCS 2001)
(b) Is a opinion (d) Is a motive

12. Facts under the Evidence Act means :- (DAPP 2008)

(a) Anything capable of being perceived by the senses only
(b) Anything not being capable of being perceived by the sense only
(c) Only any mental condition of which any person is conscious
(d) Anything capable of being perceived by the senses and any mental condition of which
any person is conscious

13. Which one of the following statement is not correct ? (HPJS 2013)
(a) A cheque upon a banker is a document
(b) A power-of attorney is a document
(c) A writing containing directions or instruction is a document
(d) A map or plan ,which is intended not to be used as evidence ,is a document
14. What is “Shall Presume” in regard of a fact ? (MJS 2010)
(a) Final proof (c) Court shall presume the fact as proved unless it is disproved
(b) Court may presume that the fact is proved (d) None of the above

15. A fact is relevant (MPJS 2012)

(a) If it is mentioned in the pleadings
(b) If it is mentioned in the document relied by any of the parties
(c) If it is connected with a fact in issue so as to form part of the same transaction
(d) All of the above

16. Under Indian Evidence Act ,1872 the Rule of “Res gestae” is applicable in (MPJS 2015)
(a) Civil cases only (c) Civil as well as criminal cases
(b) Criminal cases only (d) Not applicable in any case

17. “A” s’ death is caused due to negligent driving of “B” .In the word “Forming part of the
same transaction” occurs ? (UJS 2002)
(a) The fact that “A” was a young man of 30 years
(b) The fact that “A” was a young man with good physique
(c) The fact that “A” had qualified in P.C.S. (J)
(d) The fact that “B” was in the habit of driving negligently

18. To what facts of the following ,the rules of relevancy have been discussed under Section 8
of the IEA ? (UP PCS CJ 2012)
(a) Motive (c) Previous and subsequent conduct
(b) Preparation (d) All of the above

19. ‘A’ is tried for murder of ‘B’ by administering Potassium Cynide .The fact that ‘A’ has
purchased potassium cynide just before the murder of ‘B’ is relevant under :- (CJS2014)
(a) Section 4 (c) Section 9
(b) Section 8 (d) Section 10

20. Question is this ,whether A was raped and murdered ? The fact that she said ,without
making complaint ,that she was raped (BJS 2013)
(a) Will be relevant as conduct
(b) Will be relevant as substantial evidence
(c) Will be relevant as secondary evidence
(d) Can be relevant under Section 32(1) or section 157 of the Evidence Act
 JUDICIARY ACADEMY , JAIPUR
(judiciary_justlegallaws)
ADMISSION AND CONFESSION

1. Under Section 17 of IEA ,which statement relating to admission is wrong :- (UP APO 2007)
(a) Admission acts as disowning of proof
(b) Admission is a statement , which is necessarily against his own interest
(c) Such statement ; in which there can be ascertainment of fact is issue or relevant fact ;
can be admitted.
(d) Generally is immaterial, that admission is given in front of any person

2. A person making admission , when can he prove his statement ; or from his side when
statement can be proved :- (UP APO 2007)
(a) When it is relevant in form of Dying declaration
(b) When it is relevant is from admission
(c) When it is relevant in form of electronic document
(d) When it is oral admission as to contents of electronic records

3. Kasmira Singh v/s State of MP is related to :- (UP UDA 2006)

(a) Dying declaration (c) Confession made to police officer
(b) Communication (d) Confession of co-accused

4. Confession done voluntary is admissible in evidence :-

(a) When it is made to police officer
(b) Magistrate having jurisdiction
(c) Request before sarpanch of village to protect him from police
(d) When a fact ,does not disclose anything and given to police officer

5. Confession :- (Chhattisgarh (j) 2004)

(a) If conclusive proof (c) always irrelevant
(b) May operate an estoppel (d) None of the above

6. Statement (A) : Oral admission as to contents of electronic record is relevant.

Reason (R) : Facts is electronic form is admission (UP APO 2007 (special) )
(a) Both A and R are right : R is correct explanation of A
(b) Both A and R are right : but R is correct explanation of A
(c) A is right but R is wrong
(d) A is wrong but R is right

7. General rule is that admission is proved against the person making admission : under which
section of IEA exception to this rule is laid down :-
(a) Section 17 (c) Section 21
(b) Section 18 (d) Section 32
8. In which case it was decided that : talking with himself can be confession. It is not necessary
in confession to give it to some other person :- (UP APO 2005)
(a) Shankaria v/s State of Rajasthan (c) Sahu v/s State of UP
(b) Butta Singh v/v State of Punjab (d) Nishikant Jha v/s State of Bihar

9. Admission is a statement :- (Bihar APP 2010)

(a) Oral (c) Specified to electronic form
(b) Documentary (d) above all

10. Oral admission as to contents of electronic record is relevant : (APO (RPF) 2010)
(a) When genuineness of electronic record is in question
(b) When the party proving is entitle to give secondary evidence
(c) Both a and b
(d) Neither a nor b
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CONFESSION

1. Under evidence Act , confession of one accused ids admissible in evidence against co-
accused (MP civil Judge 2016)
(a) If they are tried jointly for the same offence
(b) If they are tried jointly for different offence
(c) If they are tried for the same offence but not jointly
(d) If they are tried for different offence and also not jointly

2. The Supreme Court Judgement in palvinder kaur v. State of Punjab relates to

(Haryana ADA 2016)
(a) Confession (c) Entries in the books of account
(b) Dying declaration (d) Relevancy of judgement

3. Section 27 of Evidence Act applies : (Punjab JS 2013)

(a) When the person giving information is an accused but not in police custody.
(b) When the person giving information is an accused and is in police custody.
(c) When the person is in police custody but not an accused
(d) Only (a) and (b) .

4. Communication made ‘without prejudice’ are protected

(a) Under Section 22 of Evidence Act (c) Under Section 24 of Evidence Act
(b) Under Section 23 of Evidence Act (d) Under Section 21 of Evidence Act

5. During the course of trial of a murder case ,which of the following may be proved:
(RJS Exam 2016)
(a) Statement of confession of accused made in police custody during investigation.
(b) Recovery of weapons of offence on basis of statement made by accused during
investigation of another case.
(c) After recovery of dead body ,the statement of accused as to the place where he threw
the dead body.
(d) None of the above

6. Narcoanalysis ,polygraph test and brain electrical activation profile test conducted against
will of the person subjected to such tests ,violates his right protected under Article 20(3) ,
and right to personal liberty protected under Article 21 of the constitution of India ,was
held by the Supreme Court in which of the following cases :- (RJS Exam 2015)
(a) Wakkar and Another Vs. State of UP (2011) 3 SCC 306
(b) Munna and Another Vs. State of AP (2012) 6 SCC 174
(c) Jagroop Singh Vs. State of Punjab – (2012) 11 SCC 768
(d) Selvi and others Vs. State of Karnataka – (2010) 11 SCC 263
7. An accused in police custody , informs to the Station House Officer that Key by which he
opened the safe and committed theft is kept by him in the ratio of his house .
To what extent this information can be proved ? (RJS Exam 2014)
(a) For committing an offence of theft
(b) By opening lock of safe
(c) For committing theft by opening safe and destroying evidence
(d) For keeping the key in pation of house

8. “Extra Judicial Confession” has been provided under which of the following Act ,Namely ?
(a) Under Section 163 of the CrPC, 1973 (APP Exam 2011)
(b) Under Section 29 of the IEA, 1872
(c) Under Section 281 of the CrPC ,1973
(d) Under Section 30 of the IEA , 1872

9. The expression ‘police custody’ means and includes (RJS Exam 2011)
(a) Control by the police over the accused directly
(b) Control by the police directly as well as through third persons indirectly over the
accused
(c) Control by the police indirectly through third persons
(d) Some kind surveillance and restriction over the accused by police or through third
persons.

10. The evidentiary value of a retracted confession is that it (RJS Exam 2011)
(a) Still remains an evidence
(b) Remains an evidence but a weak evidence
(c) Becomes a corroborative evidence
(d) Becomes ‘other evidence’ from ‘only evidence’ .
 JUDICIAL ACADEMY , JAIPUR

(judiciary_justlegallaws)

SECTION (32 – 33)

1. A dying declaration under Section 32 of the IEA is admissible in evidence :-

(a) Only when it is reduced in writing (MP Civil Judge 2016)
(b) Even when it is make ton a police officer
(c) Only when it is made to a Judicial Magistrate
(d) Only when it is made to a Executive Magistrate

2. Under Section 32 of the IEA , 1872 , statement of a person , who is dead , is relevant :-
(a) If it relates to cause of someone else’s death (RJS Exam 2015)
(b) If it relates to cause of his own death or someone else’s death
(c) If it relates to the cause of his own death
(d) None of the above

3. Which of the following statement is not correct ? (RJS Exam 2016)

(a) The non-examination of the doctor endorsing the dying declaration ,does not always
affect the evidentiary value of the dying declaration.
(b) Non-signing of the dying declaration by a literate declarant unable to sign , does not
render the veracity of dying declaration doubtful.
(c) When the relatives of the declarant are present during dying declaration , the dying
declaration would not be relevant.
(d) The statement recorded in F.I.R. may be treated as dying declaration.

4. Under IEA , 1872 a declaration made in course of business is admissible under

(a) Section 37 (7) (c) Section 32 (4) (Uttarakhand JS 2015)
(b) Section 32 (2) (d) Section 32 (1)

5. Kaushal Roa v. State of Bombay , AIR 1958 SC 22 is related with which topic of the law of
evidence ? (Uttarakhand JS 2015)
(a) Confession (c) Dying Declaration
(b) Admission (d) Estoppel

6. The latest trend of courts regarding the admissibility and relevancy of Dying Declaration in
India is that . (APP Exam 2011)
(a) It must be recorded by the Magistrate under Section 164 of the CrPC 1973.
(b) It must be recorded before the Police under Section 162 of the CrPC 1973.
(c) It should be corroborated from other evidences.
(d) It should be made before the Magistrate under Section 164 of the CrPC 1973 and must
be corroborated from other evidence too.
7. Section 32 (1) of the Indian Evidence Act does not deal with :- (APO Exam 2015)
(a) Statement is made by a person as to the cause of his death
(b) Circumstances of the transaction which resulted in his death.
(c) Cause of that person’s death in question.
(d) Missing person
8. Among the following which is not related to Dying Declaration :- (Uttarakhand (J) 2011)
(a) Ratan Goyal v/s State of Bihar (c) Sitaram v/s State of UP
(b) Panni Ben v/s State of Gujrat (d) Kaushal v/s State of Maharashtra

9. For relevancy of Dying Declaration :- (MP APP 2010)

(a) Must be given before Magistrate
(b) Must be given before a police officer
(c) Must be given before a doctor or private person
(d) Must be given before Magistrate or a police officer or toa private person

10. Under IEA ; dying declaration is not admissible if (Uttarakhand (J) 2008)
(a) If it relates to course of death.
(b) If it relates to transaction which resulted in death
(c) Is opinion of court , person making statement is not competent .
(d) None of the above
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

SECTION (34-44)

1. Judgement of the probate court is :- (MP HJS 2011)

(a) Judgement in rem (c) Conclusive proof
(b) Judgement in personam (d) Foreign judgement

2. A has obtained a decree for the possession of Land against B.C ,B’s son . Murders ‘A’ in
consequence , the existence of judgement . (Bihar APP 2010)
(a) Judgement is relevant ; as showing motive for crime .
(b) Irrelevant under Sec. 43 of IEA
(c) Both (a) & (b)
(d) None of the above

3. ‘A’ sues ‘B’ for Rs. 1000 & shows entries in his account books showing ‘B’ to be indebted to
him to this amount the entries are :- (Bihar (J) 2009)
(a) Not relevant (c) No evidentiary value
(b) Relevant (d) Not admissible

4. Among the following which is to be proved . (MP APP 2008)

(a) Facts of which court takes judicial notice (c) Previous judgement of court
(b) Facts admitted by parties (d) none of the above

5. Among the following which Judgement is in personam (UP APO 2007)

(a) Final judgement in suit of Dissolution of marriage (Divorce)
(b) Final judgement in suit of Restitution of Conjugal rights
(c) Final judgement in suit of insolvency
(d) Final judgement in suit of Admiralty

6. ‘A’ sues ‘B’ for trespass on his land . ‘B’ alleges the existence of a public right of way over the
land , which ‘A’ denies . the existence of decree in favour of the defendant in a suit by
against C for a trespass on the same land , in which C alleged the existence of same right of
way . (UP APP 2006)
(a) Relevant , but does not apply in form of estoppel
(b) Irrelevant
(c) Is a conclusive proof , that right to way exists.
(d) Is relevant ; but is not a conclusive proof that the right of way exists.

7. Among the following judgement which is irrelevant under Sec. 43 of IEA.

(a) Decision of court in insolvency jurisdiction (Uttarakhand (j) 2006)
(b) Decision of court in marriage jurisdiction
(c) Decision of court in probate
(d) Decision of court in criminal jurisdiction
8. Among the following section of IEA , which section is substituted by IT Act 2000 :-
(a) Section 39 (c) Section 47 (UP APO 2002)
(b) Section 22 (d) Section 65

9. Which Section of IEA delas with previous judgement relevant bar a second suit or trial .
(a) Section 39 (c) Section 11 (MP APP 2002)
(b) Section 40 (d) Section 42

10. A is charged with theft and with having been previously convicted for theft . The previous
conviction is
(a) Relevant as fact in issue
(b) Relevant as fact in law
(c) Irrelevant
(d) None of the above
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

SECTION (45-51)

1. Under which section of IEA , opinion of third person is relevant :- (Bihar (J) 2009)
(a) Section 14 (c) Section 34
(b) Section 44 (d) Section 45

2. That person is called expert ; who :- (UP Lower 2008)

(a) Is especially skilled in foreign law , science , or art .
(b) Have particular knowledge about the subject .
(c) Have experience
(d) All of the above

3. When court has to form an opinion about electronic signature of a person , among the
following whose opinion is relevant :
(a) Certifying authority
(b) Appointed controller under information technology act
(c) Internet service provider
(d) Examiner of electronic evidence

4. Under which section of IEA , an expert may give on accounts of experiment performed by
him for the purpose of forming his opinion :- (Chhattisgarh APO 2008)
(a) Section 50 (c) Section 51
(b) Section 49 (d) Section 47

5. Under which section the provision related to the opinion as to electronic signature is :-
(a) Section 48 (c) Section 47 A
(b) Section 45 A (d) Section 48 A

6. Since section 45 of the Indian Evidence Act , 1872 does not define , an “Expert” . Hence ,
even a “Student” may also be treated as an expert . This view was laid down in
(a) Pyare Singh Vs. State of Punjab 1977 S.C. (APP Exam 2011)
(b) Kanpur University Vs. Dr. Samir Gupta and others , 1983 S.C.
(c) Mohd. Zahid Vs. State of UP 1999 S.C.
(d) Vishnu Vs. State 2006 S.C.

7. The relationship in Section 50 of the Indian Evidence Act , means (HPJS Exam 2015)
(a) Relationship by blood only (c) Relationship by blood or marriage or adoption
(b) Relationship by blood or marriage only (d) None of the above

8. Under Sec. 45 , opinion of expert is : (MP Civil Judge 2016)

(a) Conclusive proof (c) Not Amissible
(b) Not Relevant (d) Not a conclusive Proof
9. “Res inter alia acta” is admissible under . (UP APO Special 2007)
(a) Section 48 IEA
(b) Section 47 IEA
(c) Section 46 IEA
(d) Section 45 IEA

10. The following are not experts within the meaning of section 45 of the Indian Evidence
Act ,1872 :- (APO Exam
2015)
(a) Doctor
(b) Tracker dog
(c) Goldsmith
(d) Midwife
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

SECTION (52-55)

1. In criminal cases previous bad character of accused is : (UP HJS 2012)

(a) Relevant
(b) Always irrelevant
(c) Relevant when evidence has been given that he has a good character
(d) Relevant when evidence has been given that he has a good character and when bad
character is itself in issue.

2. Among the following which statement is correct regarding relevancy of character :-

(a) In criminal cases , previous good character is not relevant
(b) In criminal proceedings ; previous bad conduct is relevant
(c) In civil suit to prove imputed conduct character is relevant
(d) In civil cases the fact that character of any person is such as to effect the amount of
damages which he ought to receive is relevant. (Jharkhand (J) 2008)

3. Find out the correct : (UP APO 2006)

Statement (A) : In criminal the fact that accused has a good character is relevant
Reason (R) : In criminal matters bad character of accused is always irrelevant
(a) A & R both are correct & R is the correct explanation of A.
(b) A & R both are correct ; but R is not correct explanation of A.
(c) A is correct ; but R is wrong.
(d) A is wrong ; but R is correct.

4. The question is whether A & B were married the fact that they were usually received and
treated by their friends as husband and wife is :-
(a) Relevant (c) Irrelevant
(b) Oral evidence cannot be given (d) fact must be proved

5. In criminal ; the fact that accused is of bad character :- (MP APP 2008)
(a) Not relevant (c) Above (a) is correct unless evidence of his good character is not given
(b) Relevant (d) Above all are wrong

6. “ It is the duty of the court to decide the case , not the parties because a noble man commit
a worst possible crime and a person of easy virtue may have a good cause of action.” This
statement relates to which provision of Law. (APP Exam 2011)
(a) Section 110 CrPC 1973 (c) Section 494, 497, 498 IPC 1860
(b) Section 52, 53, 54, 55 IEA 1872 (d) Section 292, 293, 294, of IPC 1860
7. Character of a person for purposes of the law of evidence is not relevant in one of the
following situation :- (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

8. By which one of the following amendments Section 53A has been inserted in the Indian
Evidence Act , 1872 ? (UP PCS CJ 2015)
(a) Information Technology (Amendment) Act , 2008
(b) Indian Evidence (Amendment) Act , 2002
(c) Criminal Law (Amendment) Act , 2005
(d) Criminal Law (Amendment) Act , 2013

9. Which of the following statement is not correct ?

(a) In a rape trial , evidence of previous good character of the accused is relevant.
(b) In a rape trial , evidence of character of the victim is not relevant.
(c) In a rape trial , evidence of previous sexual experience of the victim is relevant.
(d) None of these

10. The term “character” as explained in Section 55 of the IEA , 1872 , means (HJS 2011)
(a) Good and bad character
(b) Reputation and disposition of general nature
(c) Reputation formed on the basis of particular disposition
(d) Character in a criminal act
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

IEA (Chapter-3)

1. Which of the following comes under the facts of which court shall take judicial notice ?
(a) All laws in force in the territory of India
(b) Articles of war for the Indian army
(c) The existence of national flag of every state recognized by the Govt. of India.
(d) All of the above (Kerala Legal Officer, 2014)

2. Under Section 57 of the Evidence Act, the court is not bound to take judicial notice of which
of the following facts (Haryana Civil Service 2013)
(a) The existence of every state recognized by Government of India.
(b) The title of every state recognized by the Government of India.
(c) The national flag of every state recognized by the Government of India.
(d) The national anthem of every state recognized by the Government of India.

3. Court shall take Judicial notice of (Jharkhand (J) 2008)

(a) Foreign Judgment (c) Digest of Stephen on Criminal Law
(b) Flag not recognized by Govt. of India (d) Rule of road on Land and Sea

4. Facts which need not be proved by parties include : (M.P. (J) 2006)
(a) Facts which are admitted by parties at or before hearing (c) Any registered document
(b) Statement on Oath (d) Plaint and Reply on affidavit

5. Of which fact court will not take judicial notice (MP (J) 2011)
(a) News published in newspaper. (c) Territories under the dominion of the Govt. of India
(b) Titles recognized by Indian Govt. (d) The rule of the road on land or sea.

6. Which of the case is related to judicial notice (Under Indian Evidence Act) :-
(a) Veer Singh v/s State of UP (c) Harishankar Jain v/s Sonia Gandhi
(b) Ramnarayan v/s State of UP (d) Parshadi v/s State (Chhattisgarh APP 2008)

7. A judicial admission operates as (UJS 2016)

(a) An admission (c) A plea of ignorance
(b) A confession (d) A waiver of proof

8. Court can take judicial notice (DJS 2007)

(a) That Amitabh Bachchan is a famous actor (c) That Bentham was a renowned jurist
(b) That M.F. Hussain is a veteran painter (d) none of the above
9. Consider the following statements (DAPP 2005)
1. The proceedings of Parliament or State Legislatures of India are judicially noticeable
facts
2. Rules of the road on land or at sea are not judiciary noticeable facts
3. Criminal law in force in India is judicially noticeable facts.
Which of the statements given above is/are correct ?
(a) 1 only (c) 1, 2 and 3
(b) 2 and 3 (d) 1 and 3

10. The term “Judicial notice” under the Indian Evidence Act , 1872 means (UJS 2015)
(a) Notice given by the court
(b) Information given to the court
(c) To ask for evidence
(d) To recognized without proof something an existing
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 4

1. “Documents” for Inspection of court include :-

(1) Written Document (3) Electronic Document
(2) A caricature (4) A writing on Stone
Choose Correct Option :- (UP A.P.O. 2002)
(a) 1 & 4 (c) 1, 2, 3 & 4
(b) 1, 2 & 4 (d) 1, 2 & 3

2. Which one of the following statements is correct ? (DAPP 2005)

A, who has taken vow of silence gives evidence in writing in an open court ,his evidence shall
be deemed to be
(a) Documentary evidence (c) Oral evidence
(b) Circumstantial evidence (d) Secondary evidence

3. Oral evidence is allowed :- (Raj APP 2007)

(a) Only when it is given in court
(b) Even if it is given either in the court or elsewhere
(c) When it is given both in trial and investigation
(d) When it is given before a police officer in investigation

4. Oral evidence , under section 60 of the Evidence Act , 1872 must in all cases be (DAPP 2008)
(a) Indirect (c) Direct
(b) Circumstantial (d) May be presumed by court

5. Oral Evidence under Section 60 of a Evidence Act may be (PJS 2010)

(a) Directly only (c) both (a) & (b)
(b) Hearsay (d) Either (a) or (b)

6. A witness unable to speak , if gives his statement in writing before the court , then such
evidence shall be deemed to be :- (RCJ 2014)
(a) Oral Evidence (c) Hearsay Evidence
(b) Documentary Evidence (d) Primary Evidence

7. Whether the contents of documents or electronic records , can be proved by oral evidence ?
(a) Yes (c) At the discretion of the court (HADA 2016)
(b) No (d) When the witness is an expert witness

8. Which one among the following statements according to the Indian Evidence Act is correct ?
 (a) All facts can be proved by oral evidence
(b) All facts except the contents of documents can be proved by oral evidence
(c) All facts expect the contents of documents or electronic records may be proved by oral
evidence
(d) All content of documents can be proved by oral evidence (DAPP 2010)
9. Which of the following section of Evidence Act recognize the principle that “hearsay
evidence is no evidence” ? (UP APO 2011)
(a) Section 60
(b) Section 64
(c) Section 91
(d) Section 92
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 5

1. Under which section of IEA provision related to handwriting is given (Raj APP 2006)
(a) Section 67A (c) Section 68A
(b) Section 67B (d) Section 68B

2. Any document , who is required by the law to be attested can be proved under Indian
Evidence by : (MP (J) 2006)
(a) Calling only 2 attesting witness (c) Calling any other person
(b) Calling at least 1 attesting witness (d) by calling legal successor of attesting witness

3. If any subscriber is alleged have been affixed to an electronic record the fact that such
electronic signature is the electronic signature of the subscriber must be proved ; Except :-
(a) Secured electronic signature (c) Computerized electronic signature
(b) Attested electronic signature (d) Official electronic signature

4. If a document is not required by law to be attested , then it can be proved as it is :-

(a) Attested (c) Discretion of Court
(b) Unattested (d) None of the above (UP APO 2005)

5. Which section of IEA relates to proof as to verification of Digital Signature :- (UP APO 2005)
(a) Section 73A (c) Section 72
(b) Section 67A (d) None of the above

6. To prove the execution of registered will: (JLO 2013)

(a) Atleast 2 attesting witness must be called
(b) Atleast 1 attesting witness must be called
(c) It is not essential to call ay attesting witness
(d) It is essential to call register.

7. In Section 65(B) Clause 5 (C) Computer Output means :- (M.P. (J) 2006)
(a) Whether it is directly to produced .
(b) Whether it is produced by appropriate equipment.
(c) Whether it was produced by it directly or (with or without human intervention) by
means of appropriate equipment.
(d) Whether it produced directly or by appropriate equipment.
Which of the above is true:
8. Electronic record produced for inspection before court under IEA is :- (Rajasthan APP 2006)
(a) Electronic Evidence (c) Oral Evidence
(b) Documentary Evidence (d) Modern Evidence

9. Contents of Electronic record will be proved according to which provision of IEA :-

(a) Section 65-A (c) Section 66
(b) Section 65-B (d) Section 67 (MP APP 2002)

10. Under which section it is mentioned that a computer output shall be taken to have been
produced by a computer (MP HJS 2011)
(a) Section 65-A
(b) Section 65 B (2)
(c) Section 65-B (5) (c)
(d) Section 67A
 JUDICIARY ACAJUDICIARDEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 5

1. Which of the following is true about First Information Report (FIR) ?

(a) It is not an substantive evidence
(b) It is a primary evidence
(c) It is a documentary evidence
(d) It is an important secondary evidence (Chhattisgarh Civil Judge 2016)

2. Under Indian Evidence Act 1872 , what is not a Primary Evidence ? (MP Civil Judge 2016)
(a) Document made by printing (c) Document made by Photography
(b) Document made by lithography (d) Document copies of common original

3. In which of the following ; Secondary Evidence relating to document may be given :-

(A) When the original has been destroyed or lost.
(B) When the original is a public document under Sec. 74.
(C) When the original is a document of which a certified copy is permitted.
(D) When the original consist of numerous accounts or other documents which cannot be
coincidentally examined in court.
(a) A, B ,D (c) A, B, C, D
(b) A, C ,D (d) B, C, D (MP (J) 2011)

4. In which of the following circumstances, secondary evidence cannot be given regarding

writing in document. (MP (J) 2011)
(a) It is shown that original is in possession of person against whom it is to be proved.
(b) Original is with the person who wants to prove.
(c) Original is lost
(d) Original is of nature ; which cannot be easily moved.

5. Where document has many original copies shall be proved by :- (Rajasthan A.P.P. 2006)
(a) The first original copy (c) All Shall be Secondary Evidence
(b) All original copies (d) None of the above

6. Where in any sale agreement there are 5 sets then it can be proved by how many sets :-
(a) Five (c) One
(b) Three (d) Two (Jharkhand (J) 2008)

7. Copies made from original or Compared from original are :- (A.P.O.(R.P.F.) 2010)
 (a) Secondary Evidence (c) No Evidence
(b) Primary Evidence (d) Electronic Evidence

8. Under Section 61 , the contents of documents can be proved by :- (M.P. A.P.P. 2010)
(a) Primary evidence (c) Primary & Secondary evidence
(b) Secondary evidence (d) None of the above

9. Among the following which is not secondary evidence :- (UP APO (special) 2007)
(a) Certified copies
(b) When document is made by uniform process as in case of printing.
(c) Copies made from original
(d) Copies compared from original.

10. Where a number of documents are all made by uniform process as in case of primary
lithography or photography ; there :- (UP APO 2006)
(a) Each is secondary evidence of contents of rest.
(b) Each is primary evidence of contents of rest.
(c) Each is direct evidence of contents of rest.
(d) Each is documentary evidence of contents of rest.
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegalaws)

CHAPTER – 5

1. Public document is specified under which Sec. of IEA . (HP APP 2010)
(a) Section 72 (c) Section 73
(b) Section 74 (d) Section 75

2. Among the following document which is public document . (MP APP 2010)
(a) Document of sovereign authorities (c) Documents of tribunals
(b) Document of official bodies (d) All of the above

3. Public document under IEA ca be proved by :- (MP APP 2010)

(a) Certified Copy (c) By Evidence of person writing certified copy
(b) By oral Evidence (d) Any one from above

4. Rajasthan State Road Transfer Co-operation v/s Nandkishor is related to which Sec. :-
(a) Section 67-A IEA (c) Section 74 – IEA (UP Lower 2009)
(b) Section 49 IEA (d) Section 30 IEA

5. Among the following which is not the example of public document. (Chhattisgarh APO 2008)
(a) Letter relation between authorities (c) Insurance policy
(b) Voter list (d) Order of suit

6. Which of the following is not a public document ? (UJS 2010)

(a) Affidavit (c) Arrest – Warrant
(b) Judgement of court (d) Will

7. Which of the following is not a public document ? (HPJS 2012)

(a) A post – Morton report (c) A panchnama prepared by a police officer
(b) An Insurance policy (d) A private waqf deed

8. Among the following which is not a public document ? (UJS 2014)

(a) An unregistered family partition deed (c) A decision of High Court
(b) A registered sale deed (d) A decision of Civil Court

9. Mark what is not a ‘public document’ within the meaning of the expensive used in the
Evidence Act ? (DJS 2014)
 (a) The records of Motor Accident Claims Tribunal.
(b) The register of private documents maintained in the office of Sub – Registered under the
Registration Act .
(c) The record of proceeding of the house of the People maintained in the Lok Sabha
Secretariat.
(d) Promote executed by ‘A’ while taking loan from a money lender.

10. Which is not public document ? (HPJS 2016)

(a) Record of tribunal
(b) Record of Municipal Board
(c) Memorandum of association of a company
(d) None of the above
 JUDICIAL ACADEMY , JAIPUR

(judiciary_justlegallaws)

PRESUMPTION

1. Under which section of IEA ; provision relates to presumption of telegraphic messages :-

(a) Section 83 (c) Section 87 (Chhattisgarh APO 2008)
(b) Section 85 (d) Section 88

2. Among the following ; which is the example of “May Presumption” (Jharkhand (J) 2008)
(a) Presumption related to electronic record
(b) Presumption related to certified of digital Signature
(c) Presumption related to electronic message
(d) Presumption related to Electronic Agreements

3. Under IEA , Electronic record produced before court for inspection. (Raj. APP 2006)
(a) Electronic evidence (c) Oral evidence
(b) Documentary evidence (d) Modern evidence

4. A document 30 year old; is produced from a proper custody ; is (MP (J) 2006)
(a) Presumption of fact (c) Irrebuttable presumption of law
(b) Rebuttable presumption of law (d) Mixed presumption of law & fact

5. Which section of IEA, contains the provision relating to presumption as to electronic

records and (Electronic signature)
(a) Section 85 C (c) Section 88 A
(b) Section 85 B (d) Section 90 A

6. Which section of IEA ,deals with presumption as to Gazettes in electronic forms :

(a) Section 85 B (c) Section 87
(b) Section 85 C (d) Section 81 A (Chhattisgarh APO 2003)

7. Presumption as to genuineness of certified copies of documents is stated in section …………….

Of the Indian Evidence Act , 1872. (PJS 2015)
(a) 77 (c) 79
(b) 78 (d) 80

8. Due execution and authentication of a power of attorney shall be presumed under Section
85 of Evidence Act when executed before and authenticated by :- (PJS 2011)
 (a) A notary (c) A magistrate
(b) A judge (d) All of the above

9. Which of the following is an example of ‘may presume’ ? (JCJ 2000)

(a) Presumption as to electronic records
(b) Presumption as to digital signature certificate
(c) Presumption as to electronic messages
(d) Presumption as to electronic agreements
10. Section 90 of the Indian Evidence Act applies to (UP PCS CJ 2008)
(a) Testamentary documents
(b) Non testamentary documents
(c) Testamentary and non testamentary documents
(d) None of the above
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 6

1. Point out the wrong statement . (UPPCS (J) 2013)

(a) If a contract be contained in several letters in which it is contained must be proved.
(b) If a contract is contained in bill of exchange the bill of exchange must be proved.
(c) If bill of exchange is drawn in a set of three ; only one need be proved.
(d) A gives a receipt for money paid by B , oral evidence is offered of the payment . The
evidence is inadmissible .

2. Statement (A) :- ‘A’ gives ‘B’ a receipt for money paid by ‘B’ oral evidence is offered for the
payment of the evidence is admissible.
Reason (R) :- Receipt is not contract or grant in relation to which oral evidence is prohibited .
(a) A & R both are correct & R is correct explanation of A.
(b) A & R both are correct but R is not correct explanation on of A.
(c) A is correct but R is wrong.
(d) A is wrong but R is correct. (Jharkhand (J) 2008)

3. Statement (A) : Sec. 91 & 92 of IEA must be studied together.

Reason (R) : Both these provision are supplementary to each other.
(a) A & R both are correct : and R is correct explanation of A.
(b) A & R both are correct ; but R is not the correct explanation of A.
(c) A is correct but R is wrong.
(d) A is wrong but R is correct. (Jharkhand (J) 2008)

4. A deed contains blanks, can evidence be given of facts which would show how they meant
to be filled : (Chhattisgarh APO 2008)
(a) Yes (c) Depends on contract
(b) No (d) None of the above

5. Which is called the spinal cord of the civil matters :- (UP APO 2011)
(a) Section 105 IEA (c) Section 92 proviso 1-6
(b) Section 91 IEA (d) Section 104 IEA

6. A policy of insurance is effected on goods , “ in ships from Calcutta to London “ . The goods
are shipped in a particular ship which is lost the fact that particular ship was orally expected
from the policy this : (Chhattisgarh (APO) 2008)
 (a) Can be proved (c) Can be partly be proved
(b) Cannot be proved (d) None of the above

7. ‘A’ sells to ‘B’ by deed “my estate at Rampur containing 200 bighas” .’ A ‘ has an estate at
Rampur containing 200 bighas can evidence of the fact may be given that the estate meant
to be sold was one situated at different place & of a different size .(Chhattisgarh (APO) 2008)
(a) Yes (c) Decision by selling sale deed
(b) No (d) Both (a) & (b)
8. ‘A’ sells ‘B’ a horse and verbally warrants him sound. ‘A’ gives ‘B’ a paper in these words
“Bought of ‘A’ a horse Rs.500 can ‘B’ prove by verbal warranty :- (Chhattisgarh (APO) 2003)
(a) Yes
(b) Prohibited under Sec 92 of IEA
(c) No
(d) Under Sec. 91 of IEA, can only be proved by documentary evidence

9. ‘A’ Sculptor, agrees to sells to ‘B’ all my models” ‘A’ has both models and modelling tools.
Can evidence be given to show what he actually wants to sell :- (Chhattisgarh (APO) 2003)
(a) Yes (c) By seeing contract, intention can be known
(b) No (d) Oral evidence will not be admissible

10. Assertion (A) : Sections 91 and 92, Evidence Act should be read together.
Reason (R) : These two Section supplement each other.
Code : (JCJ 2000)
(a) Both A and R are true and R is the correct explanation of A.
(b) Both A and R are true and R is not the correct explanation of A.
(c) A is true but R is false.
(d) A is false but R is true.
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 7 (Part – A)

1. Which case relate to “Res Ipsa Loquitor” (U.P.A.P.O.(Special) 2007)

(a) Jeet Singh vs State of Punjab (1976) 2 SCC 836
(b) Amrit Vanaspati Co. Ltd. Vs State of Punjab AIR 1972 SC 1075
(c) Havell vs Fourmouth Boat Construction Co. (1954) SC 176
(d) Scott vs London Catherine Docks Co. 150 E.R.6655

2. “In any suit or proceeding burden of proof shall lie on the person who shall fail if no
evidence is produced by either side.” This provision is in which Section of Evidence Act ?
(a) Section 101 IEA (c) Section 102 IEA
(b) Section 111 IEA (d) Section 103 IEA (U.P. P.C.S. (J) 2006)

3. The burden of proving lunacy is on :- (M.P. H.J.S. 2010)

(a) Accused (c) Civil surgeon who the examined the accused.
(b) Prosecution (d) (a) & (b)

4. Sec. 109 of IEA deals with the burden of proof as to relation in the case of :-
(a) Partners (c) Principal and agent
(b) Landlord and tenant (d) All of the above

5. Burden of proof is on :- (Bihar APP 2010)

(a) Who denies facts (c) Both (a) and (b)
(b) Who affirms facts (d) All of the above

6. In criminal matters , burden of proof is on (MP APP 2010)

(a) Prosecution side to prove the guilt of accused (c) On both parties
(b) On accused to prove his innocence (d) None of the above

7. On whom burden of proof does not lie ? (UDA (UP) 2006)

(a) In criminal matters on an accused
(b) On a illiterate women; who has an executed sale
(c) A tenant has kept a sub-tenant
(d) None of the above
8. ‘A’ prosecutes ‘B’ for theft and wishes the court to believe that ‘B’ admitted the theft to ‘C’ .
In such situation who has to prove that ‘B’ admitted before ‘C’ . (Chhattisgarh (J) 2003)
(a) ‘A’ (c) ‘C’
(b) ‘B’ (d) Prosecution

9. ‘A’ is charged with travelling on a railway without a ticket on whom burden of proof lies that
‘A’ has a ticket with him :- (Chhattisgarh (J) 2004)
(a) On ticket checker (c) On ‘A’
(b) On railway (d) On prosecution

10. Principle that “Possession is prima facia proof of ownership” is given in (MP APP 2010)
(a) Section 109 IEA (c) Section 111 IEA
(b) Section 110 IEA (d) Section 112 IEA
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 7 (Part – B)

1. In presumption of legitimacy child must be born (APO (RPF) 2010)

(a) Within 290 days of Dissolution of Marriage
(b) Within 280 days of Dissolution of Marriage
(c) Within 300 days of Dissolution of Marriage
(d) Within 270 days of dissolution of Marriage

2. A child born after “vasectomy operation” during continuance of valid marriage between the
parties does not effect the legitimacy of the child and the doctor who performed such
negligent operation is liable to pay damages to the parties. This view was laid down in :-
(a) P.E.K. Kalyani v/s K. Devi, 1996 S.C.
(b) Pawan Kumar v/s Mukesh Kumari 2001 Raj.
(c) Mohd Faroq v/s Dukhtar Jehan Begun, 1987 S.C.
(d) Santro Devi v/s State of Haryana, 2000 S.C. (APP 2011)

3. As regards the legitimacy of a child ,’Science prevailed over law’ in which case: (APP 2015)
(a) Baldev Raj Miglani v/s Urmila Kumari
(b) Nandlal Vasudev v/s Lata Nandlal
(c) Laxmi Nayak v/s Govt. of India
(d) Syed Mohd. Ghose v/s Noor Urmila Begum

4. Section 112 of Indian Evidence Act , 1872 make conclusive proof about : (APP 2015)
(a) Maternity of child (c) Paternity of child
(b) Maternity and paternity of child both (d) When parentage is unknown

5. In which of the following cases did the Supreme Court issue in the following guidelines
regarding DNA tests for proving paternity of a child ?
(1) That courts in India cannot order blood tests as a matter of ofcourse
(2) No one can be compelled to give sample of blood for analysis.
(a) Palwinder Kaur vs State of Punjab (c) Both (1) & (2)
(b) Goutam vs State of W.B. and another (d) None of the above
6. Presumption of life pertain to :- (Uttarakhand (J) 2008)
(a) Section 106 IEA (c) Section 108 IEA
(b) Section 107 IEA (d) Section 109 IEA

7. The case of Mohd. Sharif v/s Bande Ali is related to which of the following section of Indian
Evidence Act . (UP Lower 1998)
(a) Section 101 and 102 (c) Section 112 and 113
(b) Section 107 and 108 (d) Section 118 and 119

8. Under Section 112 IEA which is conclusive proof .

(a) Legitimacy of child (c) Child in womb
(b) Date of birth of child (d) Both (a) & (b)

9. Which of the following statement is wrong :-

(a) Section 112 is rule of proof of maternity & pregnancy of women.
(b) Presumption of Sec. 112 is conclusive proof.
(c) Presumption of Sec.112 applies whether on the date of birth of child fathernis dead or
alive.
(d) Proof of legitimacy of child cannot be revoked on the base that mother of child is living
immoral life.
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 7 (Part – C)

1. If any married women commit suicide then count under 113 A may presume that suicide in
abetted by husband ,if :- (U.P. A.P.O. 2002)
1. If wife has committed suicide within 7 years of marriage.
2. If cruelty was done on women.
3. If wife is wife is illiterate and poor.
4. If wife was deserted by husband.
Which is the correct match :-
(a) 1, 2, & 3 (c) 2 & 4
(b) 1, 3, & 4 (d) 1 & 2

2. The Amendment under Section 114 A has come by : (Uttarakhand (J) 2012)
(a) Criminal Law (Amendment) Act 1986 (c) Criminal Law (Amendment) Act 1983
(b) Criminal Law (Amendment) Act 1984 (d) None of the above

3. Which of the following is not a Pre-requisite for Section 113 B ? (UPPCS (J) 2012)
(a) There was cruelty b Husband & relatives (c) For dowry/demand there were cruelty
(b) There was illegal relation of women (d) Within 7 years of Marriage

4. In which of the following cases the burden of proof of no communication the particular
offences is on an accused person and not on the prosecution. (APP 2011)
(a) Section 111 and 113 of Indian Evidence Act 1872.
(b) Section 111-A , 113-A ,113-B and 114-A of Indian Evidence Act 1872.
(c) Section 111-A ,112 and 113-B and Indian Evidence Act 1872.
(d) Section 111-A and 113-A of Indian Evidence Act 1872.

5. Presumption related to Dowery – Death under which Section of Indian Evidence Act:-
(a) Section 113-B (c) Section 114-A (APO(RPF) 2010)
(b) Section 113 (d) Section 112

6. An accused who has been alleged of committing an offence under section 302 and 304-B of
IPC; has been acquitted of offence of Section 302. Presumption of Sec. 113-B of IEA.
(a) Itsely revokes (c) Is not relevant (UP APO 2007)
(b) Does not revoke (d) Is inconsistent
7. Presumption under sec. 114-A is :- (MP (J) 2012)
(a) Rebuttal presumption (c) Presumption
(b) Presumption of fact (d) Ir-rebuttal presumption of law

8. A doctor; commits offence of rape with a women of 30 years undergoing treatment; and
women states that she did not give consent. In such matter court :- (UP APP 2007)
(a) Will ask for proof
(b) Will presume that women did not give content
(c) Needs corroboration
(d) May presume her consent or may not presume.

9. Sec. 114 of IEA is related to which provision ? (Uttarakhand (J) 2012)

(a) Court can ask question from parties
(b) Court can stop the proceeding
(c) Court can presume existence of materials
(d) Court can ask for additional proof

10. Stolen goods soon after the theft are found in the possession of a man. This case is related
to which of the section of IEA . (Uttarakhand (J) 2005)
(a) Sec. 114-A
(b) Sec. 114
(c) Sec. 115
(d) Sec. 111-A
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 8 & CHAPTER – 11

1. State the correct statement :- (M.P. A.P.P. 2002)

(a) Estoppel apply only in civil cases (c) Estoppel apply to both civil and criminal cases.
(b) Estoppel apply only in criminal cases (d) None of the statement is true

2. Which case is not related to estoppel :- (Uttarakhand (J) 2012)

(a) Shri Krishna Vs Kurukshetra University (c) Banwari Lal Vs Sukh Darshan
(b) Shiv Shyam Vs State of UP (d) UOI Vs Moshi Builders

3. Moti Lal Padampat Sugar Mills Vs State of UP relate to :- (UP . Lower (Special) 2008)
(a) Statutory Estoppel (c) Estoppel by Pleading
(b) Issues Estoppel (d) Promissory Estoppel

4. Estoppel (UP Lower 2008)

(a) Itself is a ground of suit (c) (a) & (b) Both
(b) Creates ground of Issue (d) None of the above

5. Pickard Vs Sears relate to :- (UP Lower 2008)

(a) Alibi (c) Estoppel
(b) Resgastae (d) Confession

6. In which case S.C. refused to recognize Equitable Estoppel beyond S. 115 ?

(a) Mercantile Bank India Vs Central Bank of India
(b) Madanppa Vs Chandramma
(c) Turer Morisson & Co. Vs Hagerford
(d) Sitaram Vs State of UP (Jharkhand (J) 2008)

7. Promissory Estoppel is found in :- (UP APO 2007)

(a) Contract Law as exception of Consideration (c) Contract Law as Past Consideration
(b) Contract Law as future Consideration (d) None of the Above

8. In which section Tenant cannot deny the title of Land Lord ? (UP APO 2007)
(a) Section 115 (c) Section 117
(b) Section 116 (d) None of the above
9. Which case is related to Estoppel ? (Raj. APP 2009)
(a) Mohribibi Vs Dharmdas Ghosh (c) Pickard Vs Sears
(b) Hadley Vs Baxen Dale (d) Lalman Shukla Vs Gauri Dutt

10. On whom principle of Estoppel not apply :- (Raj. APP – 2003)

(a) Against Government (c) Against Plantiff
(b) Against Enactment (d) Against Defendant

11. Which Section of the Indian Evidence Act makes the provision that there shall be no new
trial on the ground of improper admission or rejection of evidence ? (UP PCS 2003)
(a) Section 166
(b) Section 165
(c) Section 167
(d) Section 161
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 9 (118 – 120 , 132 – 134)

1. In which case , procedure relating to Evidence of child witness was propounded ?

(a) Janki Vasudev Vs Induind Bank Ltd. (c) Anil Sharma Vs State of Jharkhand
(b) Rameshwar Vs State of Rajasthan (d) Tehsildar Singh Vs State of UP (MPHJS 2013)

2. The Evidence given by Dumb witness shall be taken as :- (MP (J) 2012)
(a) Documentary Evidence (c) Neither Oral Nor Documentary
(b) Oral Evidence (d) None of the above

3. Husband & Wife shall competent witness (MP APP 2010)

(a) In civil matters (c) Both Civil and Criminal Matter
(b) In criminal matters (d) Neither Civil nor Criminal Matter

4. Evidence is an important concept of Law , Evidence must be weighted not counted. In which
sec of IEA this concept is show. (UPPCS (J) 2012)
(a) Section 132 (c) Section 133
(b) Section 123 (d) Section 134

5. Prove a fact in a matter. How many no. of witness is expected . (Chhattisgarh (J) 2004)
(a) No particular number of witness is required
(b) One eyewitness is needed.
(c) Two witness is required in case of documents.
(d) One party & witness is required

6. As per Section 120 of the Evidence Act ,which of the following has been stipulated that :
(a) Wife of a party is not a competent witness in a civil proceeding.
(b) Husband of a party is not a competent witness in a civil proceeding.
(c) Wife of an accused is not a competent witness in a criminal proceeding.
(d) None of the above (PJS 2013)

7. Which of the following statements is/are not true ? (DAPP 2008)

1. An accomplice is a competent witness against an accused person.
2. Conviction on the testimony of an accomplice is legal.
 3. Conviction on the testimony of an accomplice is legal only if it is corroborated.
Select the correct answer using the code given below :
(a) 1, 2, and 3 (c) 3 only
(b) 1 and 2 (d) 1 and 3 only

8. Who may not testify ? (MPJS 2007)

(a) An accomplice
(b) Child
(c) Dumb person
(d) Lunatic – who is unable to understand question and to give a rational answer
9. A witness ,who is unable to speak, gives his evidence in writing or by signs in the open court;
evidence so given shall be deemed to be: (HADA 2016)
(a) Inadmissible (c) Documentary evidence
(b) Hearsay evidence (d) Oral evidence

10. Which of the following statement is incorrect regarding dumb witnesses ? (UPPCS 2003)
(a) A dumb witness may give his evidence by writing in open court.
(b) A dumb witness may give his evidence by signs in open court.
(c) Evidence given by a dumb witness in writing before the court shall be deemed to a
documentary evidence.
(d) A dumb witness may give evidence in any manner which can make it intelligible.
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 9

1. Section 121 deal with which Privilege ? (Uttarakhand (J) 2012)

(a) Husband & wife (c) Affairs of State
(b) Judge & magistrate (d) Official Communication

2. Section 122 Indian Evidence Act includes :- (Raj. APP 2011)

(a) Criminal proceeding between Husband & Wife
(b) Family communication between Husband & Wife
(c) Any communication made during marriage
(d) Any communication which is legally made

3. Under which Section IEA ,1872; Feeling of public interest is supreme ?

(a) Section 119 (c) Section 115
(b) Section 120 (d) Section 123

4. No Revenue officer shall be compelled to say from whose he got any information as to the
commission of any offence against the public revenue. This provision is stated under which
Section :- (Jharkhand (J) 2008)
(a) Section 125 (c) Section 123
(b) Section 124 (d) Section 126

5. Which of the following is not correctly matched :-

(a) Communication during marriage – Section 122
(b) Official Communication – Section 124

6. Assertion (A) : ‘B’ writes to his wife ‘C’ a letter , which contains defamatory matters about
‘B’. ‘C’ cannot be compelled to disclosed this communication.
Reason (R) : Any communication made during subsistence of marriage by a husband to his
wife or vice-versa is protected as privileged communication.
Select the correct answer from the codes given below :- (UP APO 2009)
(a) Both (A) & (R) are true and (R) is the correct explanation of (A).
(b) Both (A) & (R) are true and (R) is not the correct explanation of (A) .
 (c) (A) is true but (R) is false.
(d) (A) is false but (R) is true.

7. What are privileged Document ? (MPJS 2007)

(a) Statement is departmental enquiry
(b) Any communication between Chief Minster and Governor of State
(c) The accident register kept by a medical practitioner
(d) A defamatory imputation about a person in the instruction to an advocate

8. Which section of the Indian Evidence Act is based on the maxim “Salus populist supreme lex”
? (UJS 2002/06/15)
(a) Section 123
(b) Section 118
(c) Section 119
(d) Section 130

9. Documents in respect of which privilege has been provided under Section 123 of the India
Evidence Act (HPJS 2015)
(a) Is a published official record
(b) Is an unpublished official record
(c) Both (a) & (b)
(d) None of the above

10. For protection under Section 124 of the Evidence Act, the communication is to be made:
(a) To a public officer in official confidence
(b) To a public officer as an ordinary cause of his duties
(c) To a public office as a routine matter
(d) Either (a) or (b) or (c) (APJS 2012)
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

IEA

1. ‘A’, a client says to ‘B’ an advocate – “I have committed forgery and I wish you to defend
me.” His communication is : (HHJS 2011)
(a) Protected from disclosure because of Section 122 of Evidence Act
(b) Not protected from disclosure because of Section 122 of Evidence Act
(c) Protected from disclosure because of Section 126 Evidence Act
(d) Not protected from disclosure because of Section 126 Evidence Act

2. Consider the following statements :

1. Presumption as to competent to testify
2. A child is not competent to testify
3. Doctrine of promissory estoppels is applicable against the government
4. Privileged granted to lawyers under section 126 aims at the protections of lawyers
Which of the Statement given above is/are correct?
(a) 1 and 2 (c) 4 only
(b) 2, 3 and 4 (d) 3 only (DAPP 2005)

3. Which one of the following facts is protected from disclosure in a court of law? (DAPP 2005)
(a) A, a client says to B, an attorney “I have committed forgery and I wish you to defend me”
(b) A, a client says to B, an attorney “I wish to obtain possession of property by the use of a
forged deed on which I request you to sue”
(c) A, being charged with embezzlement retains B, an attorney to defend him. In the course
of the proceedings, B observes that an entry has been made in A’s account book
charging A with the sum said to have been embezzled which entry was not in the book
at the commencement of his employment
(d) A, a client to his attorney B,“I want to murder my enemy C. Please advise me how I may
be able to murder C”

4. A wrote a letter to his lawyer X that he is going to commit theft and in case he is
apprehended, he should be protected. Can X be witness against A in case of charge of theft ?
(a) Yes, as it is a communication before the doing of an act
(b) No, lawyer and client are barred under privileged communication
 (c) Yes, it is not privileged communication except an information to a third party
(d) No, lawyer as per professional ethics should not stand against A (DAPP 2010)

5. The provision of Section 126 of the Evidence Act dealing with confidentiality of professional
communication shall apply to : (HJS 2013)
(a) Clerks of barristers (c) Interpreters of barristers
(b) Servants of pleaders (d) All of the above

6. The professional communication between an advocate and his client can be disclosed before
the court : (HPJS 2016)
(a) With the consent of the client
(b) Without the consent of the client if made in furtherance of any illegal purpose
(c) Without the consent of the client if the advocate comes to know that any crime or fraud
has been committed since the commencement of his employment
(d) All of the above

7. Which of the following statement is not true ? (DAPP 2008)

The professional communication between an advocate and his client can be disclosed before
the court.
(a) With the consent of the client
(b) Without the consent of the client
(c) Without the consent of the client if made in furtherance of any illegal purpose
(d) Without the consent of the client if the advocate comes to know that any crime or fraud
has been committed since the commencement of his employment.

8. ‘Professional Communication’ between advocate and his client – (UP HJS 2012)
(a) Is not admissible in evidence
(b) Is a privilege communication only until the contract continues
(c) Is admissible in evidence with consent of the client
(d) Is not admissible until it is legal

9. A, a client, says to B, an advocate: “I wish to obtain possession of property by use of a forged

deed on which I request you to sue.” (DHJS 2014)
(a) This communication is protected from disclosure (c) Depends
(b) This communication is not protected from disclosure (d) None of these

10. Section 129 of Evidence Act, 1872 states that no one shall be compelled to disclose to the
court any confidential communication which has taken place between……….. (AJS 2012)
(a) Teacher and Student
(b) Company and its Client
(c) Legal professional advisor and his Client
(d) Landlord and Tenant
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 10 (Section 135 – 143)

1. Which is the correct order of Examination of witnesses ? (Haryana ADA 2016)

(a) Cross-examination, examination – in – chief, re-examination
(b) Examination-in-chief, re-examination, cross-examination
(c) Examination-in-chief, cross-examination, re-examination
(d) None of these

2. Under Indian Evidence Act, 1872 leading questions may generally be asked (UPJS 2016)
(a) In cross-examination (c) In re-examination
(b) In examination-in-chief (d) None of the above

3. Under which of the following conditions, a leading question may be asked during
examination-in-chief with the permission of the court ? (RJS 2016)
(a) In matters which are disputed or not introductory.
(b) When matter in question is sufficiently proved.
(c) Under both of the above conditions.
(d) Under none of the above conditions.

4. During re-examination of witness under Indian Evidence Act, 1872 (UPJS 2016)
(a) A new matter can be raised as a matter of right generally
(b) No new matter can be raised
(c) A new matter can be raised only with the permission of the court
(d) None of the above

5. Right of cross-examination lies with : (MP (J) 2012)

(a) The party who calls him (c) Court
(b) Adverse party (d) None of the above

6. Without courts permission leading Questions can be asked in : (MP (J) 2012)
(a) Examination-in-chief (c) In cross-examination
(b) At any stage (d) None

7. Under which section of IEA; Judge decide as to admissibility of evidence:

 (a) Section 132 (c) Section 138
(b) Section 136 (d) Section 140 (Uttarakhand (J) 2011)

8. A person is summoned to produced a document, when he produces the document; then

(a) He becomes a witness
(b) He does not become a witness, and cannot be cross-examined until & unless he is called
as a witness.
(c) Can be cross examined by both the parties
(d) Can be cross examined by court permission (UP Lower 2009)

9. Evidence as to matters in writing whilst under examination will be given acc to which sec. of
IEA :
(a) Section 65 Clause (1)
(b) Section 114 illustration (g) & (h)
(c) Section 66
(d) Section 144

10. Among the following which one is correct statement regarding cross-examination :-
(a) Leading questions cannot be asked in cross-examination.
(b) Person who is called to produce a document can be cross examined.
(c) A witness can not be cross-examined as to previous statement made by him in writing.
(d) A witness may be cross-examined as to previous statement made by him in writing.
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 10

1. Which of the following provision of IEA, was omitted by the amendment Act of 2003 ?
(a) Section 155 (2) (c) Section 155 (4)
(b) Section 155 (3) (d) Section 155 (5) (Bihar (JS) 2016)

2. Under proviso of sub clause (3) of Sec. 146; in prosecution of rape; Question can be put
before victim in cross-examination. (UP Lower 2009)
(a) Question which relates to immoral character.
(b) With permission of court; question can be asked relating to immoral character.
(c) Question relating to immoral character cannot be asked.
(d) No Question related to offence (Rape) can be asked.

3. Which section of IEA relates to impeaching credit of witness

(a) Section 155 (c) Section 141
(b) Section 159 (d) Section 140

4. What shall be the procedure of court in case of Question being asked without reasonable
grounds by an advocate. (Chhattisgarh (J) 2003)
(a) Court will not write it (c) will report in State Bar Council
(b) Will hear it (d) Will permit to ask

5. In examination-in-chief; in prosecution of rape question relating to general immoral

character by a prosecutrix : (MP APP 2008)
(a) Can be asked (c) Can be asked with special permission of Court
(b) Cannot be asked (d) Can be asked from prosecutrix

6. A barrister in instructed by a attorney or vakil that an important witness is a dakait. This is a

reasonable ground for asking the witness whether he is a dakait. Under which Section of IEA;
this illustration is shown. (UPPCS (J) 2006)
(a) Section 149 (c) Section 147
(b) Section 153 (d) Section 145
7. Under which Sec. of IEA it is stated that court shall forbid any question which appears it to
be intended to insult or annoy :-
(a) Section 148 (c) Section 152
(b) Section 153 (d) Section 147

8. ‘A’ sues ‘B’ for the price of goods sold and delivered to ‘B’. ‘C’ says that he delivered the
goods to ‘B’. Evidence is offered to show that on a pervious occasion, he said that he has not
delivered the goods to ‘B’. This Evidence.
(a) Is not admissible (c) Needs Corroboration
(b) Is admissible (d) None of the Above

9. Under proviso of Section 146 (3) of the Evidence Act, in a prosecution for rape in her cross-
examination, the prosecutrix - (UP PCS 2003)
(a) Can put question as to her general immoral character
(b) With the permission to the court can be put question as to her general immoral
character
(c) Cannot be put questions as to her general immoral character
(d) Cannot be put question as to her rape

10. Which of the following provisions of the Indian Evidence Act, 1872 has been amended by the
Criminal Law (Amendment) Act, 2013 ? (UJS 2016)
(a) Section 145
(b) Section 146
(c) Section 147
(d) Section 148
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 10 (147 – 148, 154, 156 – 161)

1. Which section of Evidence Act related to Hostile Witness ? (APO 2015)

(a) Section 152 (c) Section 151
(b) Section 154 (d) Section 165

2. Statement given to a police officer by a person who is under expectation of death: but
remains alive is :- (MP HJS 2011)
(a) Admissible under Sec. 32 (c) Not admissible
(b) Admissible under Sec. 157 (d) Admissible under Sec. 144

3. Which of the following is the celebrated decision of the Supreme Court in which it was held
that the evidence of a hostile witness can be acted upon ?
(a) Satpal v Delhi Administration (c) Nalini v State
(b) Kehar Singh v Delhi Administration (d) State of Karnataka v Yarappa Reddi

4. The maxim “Falsus in uno falsus in omnibus” , means :

(a) If a thing is false in respect of one, it must not be taken to be false in respect of all.
(b) If a thing is false in respect of one, it must be taken to be false in respect of all.
(c) If a thing is false in respect of one, it must be taken to be true in respect of all.
(d) Neither (a) nor (b)

5. What is the crucial factor in order to use a statement under section 157 of the IEA ?
(a) Must be made at or about the same time as the fact which it refers to
(b) Must be in writing
(c) It must be signed
(d) All of the above

6. Which of the following statement can be used to corroborate the maker as provided under
section 157 of the IEA ?
(a) FIR (c) Statement recorded under section 164 of CrPC
(b) Dying declaration, if the declarant survives (d) all of the above
7. What option is available to a commissioner when a party seeks permission to cross-examine
his own witness – (HJS 2008)
(a) He can permit the party to do so
(b) He cannot permit the party to do so
(c) He may ask the party to first to obtain permission from Court under Section 154 of the
Evidence Act
(d) He can permit the party to do so with the consent of the opposite part.

8. Who can get a witness declared as “Hostile” ? (APO 2015)

(a) The party calling him for evidence
(b) The advocate of the opposite party
(c) Any other person desirous of bringing truth from him
(d) The presiding officer of the court

9. Under which section, the facts proved under Section 32 and 33 can be Contradicted as per
Evidence Act. (RAJ APP 2005)
(a) Section 156
(b) Section 157
(c) Section 158
(d) Section 159
 JUDICIARY ACADEMY , JAIPUR

(judiciary_justlegallaws)

CHAPTER – 10

1. A witness cannot refresh his memory by; (HPJS 2016)

(a) Refreshing to any writing made by the witness
(b) Refreshing to any copy of the document by the witness with the court’s permission
(c) Refreshing to any writing made by any other person and read by the witness
(d) Refreshing to another witness for taking his assistance

2. Which one of the following statement is not correct ? (DAPP 2008)

Refreshing memory by a witness under Section 159 of the Evidence Act means
(a) Refreshing to any writing made by the witness
(b) Refreshing to any writing made by any other person and read by the witness
(c) Refreshing to any copy of the document by the witness with the court’s permission
(d) Refreshing to another witness for taking his assistance

3. Section 159 of Evidence Act provides for (MPJS 2015)

(a) The credit of a witness may be impeached
(b) Court’s power to disallow indecent or scandalous question
(c) Witness can refresh his memory
(d) To put any question which might be put in cross-examination b party to his own witness

4. Judge has power to put question or order production of document. What is not true ?
(a) Partis shall not be entitled to make objection to any such question or order
(b) Parties shall not be entitled to cross-examination the witness upon answer given in reply
of such question as a right
(c) Without the leave of Court Party shall not be entitled to cross-examine
(d) Judge shall not be entitles to compel any witness to answer or produce document which
is refusable under Section 121 to 131 Evidence Act (MPJS 2007)

5. Court question under Section 165 of Evidence Act can be put to (HJS 2010)
(a) Any witness (c) Both (a) & (b)
 (b) Any party (d) Neither (a) nor (b)

6. Under which section of Indian Evidence Act, a judge is empowered to ask any question
relevant or irrelevant to a witness or a party to suit ? (UJS 2010)
(a) Section 164 (c) Section 166
(b) Section 165 (d) None of the above

7. To an answer to a court question, the adverse party (MP HJS 2011)

(a) Has a right to cross-examination as a matter of right
(b) Has a right to cross-examination only with the permission of the court
(c) Has no right to cross-examination the witness
(d) Can cross – examine the witness with the consent of other party

8. Documents which are meant for cross-examination of a witness of the other party or meant
for refreshing the memory of the witness may be produced : (MPCJ 2006,10)
(a) At or before the settlement of issues
(b) After the settlement of issues
(c) At any time when they are required
(d) Along with pleadings

9. The Judge’s power to put questions or order production of documents does not include
authorization to (DJS 2014)
(a) Compel a witness to answer any question which such witness is entitled to refuse to
answer of the question were asked by the adverse party.
(b) To ask a question which would be proper for any other person to ask.
(c) To elicit clarity on a point
(d) None of these