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Latest Indian Evidence Act, 1872 MCQ Objective Questions

Indian Evidence Act, 1872 Question 1:

As per Indian Evidence Act, who has the burden of proving the existence of facts in a legal proceeding?

1. The defendant
2. The plaintiff
3. The judge
4. The witness

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Indian Evidence Act, 1872 Question 1 Detailed Solution

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The correct answer is Option 2.Key Points

• Section 101 of the Indian Evidence Act, of 1872, provides for the Burden of proof.
• It states that, whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

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Indian Evidence Act, 1872 Question 2:

Section 63 of the Indian evidence Act, 1872, provides for?

1. Proof of contents of documents.
2. Primary evidence
3. Secondary evidence
4. none of the above

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Indian Evidence Act, 1872 Question 2 Detailed Solution

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The correct answer is Secondary evidence.Key Points

• Section 63 of the Indian evidence Act, 1872, provides for the Secondary evidence.
• It states that –– Secondary evidence means and includes ––
  (1) certified copies given under the provisions hereinafter contained;
  (2) copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;
  (3) copies made from or compared with the original;
  (4) counterparts of documents as against the parties who did not execute them;
  (5) oral accounts of the contents of a document given by some person who has himself seen it.

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Indian Evidence Act, 1872 Question 3:

Public documents are provided under which section of the Indian Evidence Act, 1872?

1. Section 72
2. Section 73
3. Section 74
4. Section 75

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Indian Evidence Act, 1872 Question 3 Detailed Solution

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The correct answer is Section 74.Key Points

• Section 74 of the Indian Evidence Act, 1872, provides for the Public documents.
• It states that ––The following documents are public documents: ––
  (1) Documents forming the acts, or records of the acts ––
  (i) of the sovereign authority,
  (ii) of official bodies and tribunals, and
  (iii) of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country;
  (2) Public records kept in any State of private documents.

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Indian Evidence Act, 1872 Question 4:

As per the Indian Evidence Act, 1872, how old should the electronic record be in order to attract Section 90A?

1. Five years
2. twelve years
3. twenty years
4. thirty years

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Indian Evidence Act, 1872 Question 4 Detailed Solution

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The correct answer is five years.Key Points

• Section 90A of the Indian Evidence Act, 1872, provides for the Presumption as to electronic records five years old.
• It states that –– Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the electronic signature which purports to be the electronic signature of any particular person was so affixed by him or any person authorised by him in this behalf.
  Explanation. –– Electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin probable.

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Indian Evidence Act, 1872 Question 5:

Section 101 of the Indian Evidence Act, 1872, provides for?

1. Saving of provisions of Indian Succession Act relating to wills.
2. Who may give evidence of agreement varying terms of document.
3. Burden of proof.
4. On whom burden of proof lies.

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Indian Evidence Act, 1872 Question 5 Detailed Solution

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The correct answer is Burden of proof.Key Points

• Section 101 of the Indian Evidence Act, 1872, provides for the Burden of proof.
• It states that –– Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Additional Information

• Saving of provisions of Indian Succession Act relating to wills- Section 100
• Who may give evidence of agreement varying terms of document- Section 99
• On whom burden of proof lies- Section 102

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Top Indian Evidence Act, 1872 MCQ Objective Questions

Indian Evidence Act, 1872 Question 6:

Leading questions can be asked during

1. Re-examination
2. Examination-in-chief
3. Cross-examination
4. None of these

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Indian Evidence Act, 1872 Question 6 Detailed Solution

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The correct answer is Option 3. Key Points

• As per section 143 of the Indian Evidence Act 1872, Leading questions can be asked during cross-examination.
• as per section 137 of the act, the examination of a witness by the adverse party shall be called his cross-examination.
• Section 141 of the Evidence Act defines the leading question. It says any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.
• A question is leading one when it indicates to the witness the real or supposed fact which the examiner expects and desires to be confirmed by the answer.
• Leading questions cannot be ordinarily asked in examination-in-chief or re-examination.
• The purpose of examination-in-chief is to enable the witness to tell the court in his own words the relevant facts of the case. Therefore, if leading questions were permitted, the lawyer questioning them would be able to construct a story that suits his clients.

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Indian Evidence Act, 1872 Question 7:

According to the Law Commission of India 69 th Report, S.27 of the Indian Evidence Act is based on the

1. Doctrine of introspection
2. Doctrine of testimonial incrimination
3. Doctrine of confirmation
4. None of the above

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Indian Evidence Act, 1872 Question 7 Detailed Solution

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The correct answer is Option 3.Key Points The 69th Report of the Fifth Law Commission of India states that Section 27 of the Indian Evidence Act is based on the theory of confirmation by discovery of subsequent facts.
Section 27 states that:

• A person accused of an offense must provide information
• The person must be in police custody
• The information must be relevant to the issue
• The information must relate distinctly to the fact

Section 27 requires that in all judicial proceedings, evidence must be obtained.

Additional Information

• In Pandu Rang Kallu v. State of Maharastra, AIR 2002, it was held by Supreme Court that Section 27 of Evidence Act was enacted as proviso to. The Provisions of Section 25 and Section 26, which imposed a complete ban on admissibility of any confession made by accused either to police or at any one while in Police custody. Nonetheless the ban would be lifted if the statement is distinctly related to discovery of facts. The object of making provision in Section 27 was to permit a certain portion of statement made by an accused to Police officer admissible in evidence whether or not such statement is confessional or non-confessional.
• In Suresh Chandra Bahri v. State of Bihar, AIR 1994, it the discovery and seizure of articles used in wrapping the dead body and pieces of Sari belonging to the deceased was made at the instance of one accused. Such discovery was made soon after the arrest of the accused. Articles recovered were neither visible nor accessible to the people but were hidden under the ground. No public witness was examined by the prosecution in this behalf. However, the evidence of Investigation officer did not suffer from any doubt or infirmity. Articles discovered were duly identified by the witnesses. It was held that in these circumstances, failure of investigation officer to record the disclosure of statement was not fatal.

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Indian Evidence Act, 1872 Question 8:

Testimony of a witness to the existence or non-existence of the fact or facts in issue is/are

1. Oral evidence
2. Original evidence
3. Direct evidence
4. Both(1) and (2)

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The correct answer is Option 3. Key Points

• Testimony of a witness to the existence or non-existence of the fact or facts in issue is Direct evidence.
• It is considered as evidence about the real point in controversy. It is also called positive evidence.
• Direct evidence is generally of a superior cogency.

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Indian Evidence Act, 1872 Question 9:

S.99 of the Indian Evidence Act says persons who are not parties to a document or their representatives in interest may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. This is based on the principle

1. Pacta tertii nec nocent nec prosunt
2. Pacta sunt servanda
3. Action personalis moriturcum persona
4. None of the above

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Indian Evidence Act, 1872 Question 9 Detailed Solution

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The correct answer is Option 1.Key Points “Pacta tertiis nec nocent nec prosunt” is a Latin phrase that means a treaty only binds the parties that consent to it. It states that a treaty does not create obligations for a third state. Section 99 Evidence Act 1872 :Who may give evidence of agreement varying terms of document -- Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. Illustration

• A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time they make an oral agreement that three months' credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.

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Indian Evidence Act, 1872 Question 10:

Original document is the best evidence - Exception to this rule is contained in

1. Indian Evidence Act
2. Criminal Procedure Code
3. Bankers Book Evidence Act
4. None of these

Answer (Detailed Solution Below)

Indian Evidence Act, 1872 Question 10 Detailed Solution

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The correct Answer is option 1.Key Points

• The "Best Evidence Rule," also known as the "Original Document Rule" or the "Documentary Evidence Rule," is a legal principle that pertains to the presentation of evidence in court.
• The rule is designed to ensure the reliability and accuracy of evidence, particularly when it involves the content of a document.
• Section 91 deals with evidence of terms of contracts, grants and other dispositions of property reduced to form of document.
• But the exception of this rule is contained in section 65 of Indian Evidence Act 1872.
• Section 65 deals with cases in which secondary evidence relating to documents may be given.
• Secondary evidence may be given of the existence, condition, or contents of a document in the following cases:
  • When the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved,
  • When the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;
  • When the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;
  • When the original is of such a nature as not to be easily movable;
  • When the original is a public document within the meaning of section 74;
  • When the original is a document of which a certified copy is permitted by this Act, or by any other law in force in India to be given in evidence;
  • When the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection.