, I8I2 "fac1»

Indhan
Iimdn
law
of evidence, mean
4.
In the and
Bvt- i n c h u d e s
The term "Cour(", an definedlinthe
Indian
percesved bytthe senses
Anything
dence Act, 1872, does not include (a) capable of being, percelved
things
() Prescding offfcerotaLabourCot b) Stateof
(b) Tahsikdar
Mental
condion
nofa persn of wt
(c) Arbitrator (c)
Court
is ConsCIOUS
(d) CoMmissioner apponted by a Civil
CJS 2014] the above
Ans. (c) |M.P.CJ2013-1, (d) All
4 Which one of the following is not
included within
Ans. (d)
(A.P. &1.4 Z4
Indian Evi- Afact under Section 3of the Indian Evidence ho
the definition of the term Court under
dence Act, 1872? 5. m e a n s a n di n c l u d e s
(a) All Judges of b
Anything capable f being perceived by: the er
(b) All Magistrates (a)
(b) State of things capable of being perCErved t e
() AllConsumer Forums
Senses.
(d) Allpersons legally authorised to take evidence () Relation of things capable ofi being percerved p
Ans. (c) [U.P.CJ 2015]
the senses.
Fact
(d) All these
1, In relation to the expression defined in Section 3
of the Indian Evidence Act, which of the follow Ans. (d) [DJS 2019
ing statements is not correct? 6 IInder the Evidence Act, fact means
(a) Fact includes any mental condition of which any (a) factum probandumn
person is conscious
(b) Courts include arbitrators
(b) factum probans
(c) both (a) and (b)
() An inscription on ametal plate in adocument
(d) A fact is said to be not proved when it is neither (d) none of the above
proved nor disproved Ans. (c) [AJS 201
Ans. (b) [H.P JS 2015, M.P.HJS 2010, 7 Which one of the following is a fact?
cjS 2004]
2. In relation to the expressions defined in Section 3 (a) Hari said (b) Mohan saw
of the Indian Evidence Act, which of the follow (c) Ram told a lie
ing statement is not cotrect:
(d) All of these
(a) Fact includes not only physical facts but also psy
Ans. (d) [M.P. APO 2002, 203)
8 Which of the following is a fact?
chological facts
(b) Courts includes arbitrators (a) That there are certain objects
arranged in a certun
(c) An inscription on a stone is a document order in acertain place
(d) Afact is said to be not proved when (b) That a man heard or
it is neither savw something
proved nor disproved
(c) That a man said
Ans. (b) [M.P.CJ 1996, H.P. JS 2007-II] certain words
3 Facts can be: (d) All of the above
(a) physical facts Ans. (d) [Bihar A.P.O. 2020]
9
(b) psychological facts That there are
() physical as well as psychological tain order in a certain objects arranged in a cer-
facts certain place
(d) only physical facts and not (a) Isa fact
Ans. (c)
psychological facts (c) Is a (b) Is an opinion
(TJS 2017, PJS 2011] document (d) Is a motive
138 Ans. (a)
Samarth Agrawal Books [M.P.CJ 2001, H.P JS 2007-11]|
 Indian Evidence At, 1872
Which of the following pairs is not correctly
15. Which of the following qualities to be treated as
matchedp
heard or said Fact
"Face" within themeaning assigned to it under
That a man the Evidence Act?
(a)
something (a) That aman heard or saw sormething
plan Document (b) That a man holds a certain opinion
(b) Amap or
from or Evidence (c) That a man acts in good faith
c) Copies made
compared with the original (d) All of these
A Facts connected to a
fact in Rule nisi Ans. (d) [DJS 2014|
issue in such a mannet as
16. Which one of the following is a fact'?
(a) Sohan saw a cow
to constitute part of the
same transaction
(b) Mohan said Sohan to go
() Sheetal has a high reputation
Ans. (d) IJCJ2000]
under tthe Evidence Act means: (d) All of these
1. Facts
Ans. (d) [M.P. APO 2008]
(a) anything capable of being perceived by the senses
17. Areputation of a person is:
only
(a) a fact (b) a subject
(b) anything not being capable of being perceived by
the senses only (c) an opinion (d) an evidence
(c any mental condition of which any person is con Ans. (a) (Raj APP 2007]
SCious 18. Awitness described in detail the articles deco
(d) anything capable of being perceived by the sense rated in the room while giving statement before
the court. This is a:
and any mental condition of which any person is
Conscious (a) fact (b) opinion
() document (d) cause
Ans. (d) [DAPP 2008, DJS 2011]
Ans. (a) (Raj APP 2005)
12 Whether a weapon is a deadly weapon is a ques
tion of: 19. Any thing, state of things or relation of things,
capable of being perceived by the senses, is
a) Law
(a) an evidence (b) fact
(b) Fact
(c) facts in issue (d) noneof the above
() Opinion of the expert witness Ans. (b) [U.K. APO 2010]
(d) Opinion of the judge 20. Which of the following is required to be proved
Ans. (b) [DJS 2011}
essentially?
D. Which of the following is not a fact (a) Judicial notice (b) Adnited fact
(a) Mental condition (b) Relation of things (c) Confession (d) Relevant tact
() State of things (d) None of the
above Ans. (d) DJS2014)
Ans. (d) [Raj APP 2007, HJS
2013] 21 The material faCts on which a party relies are
14. The i called
called
fact sought to be provedlis
(a) facta probania
(a) Factum probans
(b) facta probanda
(b) Factum probandum (c) falsa demonstration on nocet
(c) Lex Fori (d) fences terroria
(d) Lex Loi
[UJS 2014] Ans. (b) UJS 2016]
Ans. (b)
 I872
of B for
Indan
Iindne
A,

triedfor
murder
intentionally
4'ishim with a club causing his death, whichbeat
ing
facts are
is isSue
following
Fact in Issue the club
'B'with
bcating
1 Facts in issue meanR (a) A%
(a) facts,, cxistence or n00
-existence
of which is
ad

(b) As
causing B's death by such beating
to cAuse B's death.
mitted by the parties which is dis ( ) A's
intention

-existence of
(b) facts, existence the
above
(d) All
puted by the partics not
non-existcncc
of whichis Ans. (d)
(c) facts, existence Of

disputed by the parties Facts alleged by

one party and denied by the
6.
are
termed as oatet
(d) all the above ina case
[AJS 2015]
Ans. (b) (a) positivefacts (b) negatve facts
existence of non-¬X
2 Fact in issue mean the fact, (c) relevant facts (d) facts in issue
istence of which is:
(a) admitted by the parties Ans. (d) [Bihar APO 2i13
issue is:
(b) disputed by the parties 7. Making the fact in
(C) non-disputed by the parties (a) it is the duty of parties
(d) none of the above
(b) it is the duty of advocates of parties
Ans. (b) [AJS 2011, KCJ 2012, PJS 2017,
BJS 2013, TJS 2013,2015] (c) it is the duty of court
3 Which one of the following statements is not a (d) it is duty of Government Council
fact in issue under the Evidence Act?
Ans. (c) [M.P. APO 209
The existence of any right which is asserted
or denied by the parties. Document
2 The existence of any disability asserted or
denied by the parties.
1. Document' produced for the inspection of the
court includes
3 The existence of a right admitted by the par
ties. 1 A writen document
Select the correct answer using the code given 2. A caricature
below:
3. An electronic record
(a) 1
(b) 2 4. An inscription on
stone
() 3 Select the correct answe using the codes
gven
(d) None of the above below
Ans. (c) (a) 1and4
4 A' is tried for the [DAPP 2008]
murder (b) 1,2and 4
club with the intention of of B' by beating with a
causing his death. (c) 1,2,3 and 4
At'A is trial which one of the
in issue? following is not fact (d) 1,2 and 3
(a) As' beating 'B' with Ans. (c)
the club [U.P APO 2002]
(b) A's' conversation 2.
(c) A's' causing B's'
with C 'Documents'
(d) As'
death with the
intention to cause B's' death
club described uponmeans any matter
any substance by
express
means of:
(a) letters
Ans. (b)
(c) marks (b) figures
140 (U.P. CJ 2013) (d) all the above
Ans. (d)
Samarth Agrawal Bog [Mah. C] 2021|
 Indian Evidence Act, 1872
9
The
document
are:
Which of the following statement with reference
dcacaur to Section 3of Indian Evidence Act, 1872, is not
correct?
printed, lithographed or photographed
and an inscription on
a stone (a) Amap or plan isadocument
(b) An inscription on a metal plate is adecument
map

a above

ofthe
)all [M.P.CJ 2006, 2002, U.P. C] 2016, (c) Acaricature is not adocument
Ans(
. d)

UJS 2002, HJS 2014, DJS 2014, (d) That a man said certain words, is afact
DAPP 2010| Ans. (c) [RJS 2021]
on a mnetal plate or stone-
inscription
Evidence
An (b) Is a document
a ) I s at a c t
1. Evidence means and include:
opinion
(d) Isa motive
an (a) ocular evidence only
) Is [Raj JLO 2019, DJS 2007,
Ans.(b) (b) documentary evidence only
cjS 2003, 2001, PJS 2015] both
() ocular and documentary evidence
were included in Section 3the
c records only
Electronicr

EvidenceAct w.e.f.
(d) ocular evidence based on documents
Ans. (c) [M.P.CJ 2006, BJS 2012,
A.P. JS 2012, CJS 2016, TJS 2015]
A 17October, 2000

b) 10October, 2000 :
2. "Evidence" means and includes
) 2October, 2000
(a) Oral evidence
November, 2000 (b) Documentary evidence
d) 14
[U.P. AP02015]
Ans. (a)
court are: () (a) and (b) above
before the
records produced
AElectronics (d) Pleadings of the parties
la) oral evidence
[Mah. CJ 2021]
Ans. (c)
(b) documentary evidence statements is/are correct?
3 Which of the following
Evidence Act means
and in
) ordinary evidence Evidence under the

(d) technical evidence cludes

2011]
[UJS 2018,H.P. JS 1
oralevidence
Ans. (b) records
following has not been men alldocuments
except electronic
1. Which one of the as the 2. records
Documents"
definition of including electronic
tioned in the expressed or de 3. all documents
any matter is given be
means by which answer using the code
Select the correct
scribed upon any substance; low:
(b) Figures
(a) Letters
(d) Marks (a) 1,2 and3
(9 Symbols [HJS 2013) (b) 1only
Ans. (c) come
within
(c) 2 and 3
only
does not
Which one of the following under the Indian only
(d) 1and 3 (DAPP 2008)
ne meaning of Document"
Ans. (d)
Evidence Act? evidence is
Circumstantial
4. ndirect evidence
(a) awriting (a) Direct evidence
(b)
Material evidence
(b) amap and (b) (d)
(c) Neither of (a)
() atelephonic talk [A.P. JS 2011]
Ans. (b)
(a) aword photographed [U.P. CJ2013) 141
Ans. (c) Samarth Agrawal Books
 1872
Aa,
Iudhan
Evdence
evidence must satisfy the
5 following 9.
Circums
tantial
folloW.
Ais an accused of achild's murder. The ing test:
(a) the circumstances from which aninference of gult
tacts are constructed in the case:
place isto be drawn must be cogentyand firmly estab
I. An hour before the murder,A wenttothe
of murder with the child. lished

II. A alone returned home. circumstances

should be of adefinite
those
(b) dency unerringly pointing towards the qult of
I. Collar of A's shirt found to be blood-stained.
above-
The evidence which takes into accountthe the accused

mentioned facts is called: (c) thecircumstancestakendcollectively should forn 2

(a) Direct evidence chainso complete that there is no escape tromthe
(b) Circumstantial evidence all human
(c) Real evidence
Conclusion that
within

crime was committed by the

accused
probablity the
(d) Secondary evidence above
Ans. (b) [DJS 2010] (d) all of the
6
In reference to circumstantial evidence: Ans. (d) [KCJ 2012)
1. The circumstances from which the conclusion is In which decision the five golden principle
10
drawn, should be fully established (panchasheel) about the circumtantial
2. The circumstances should be conclusive in nature down?
evidence
has been laid
3. All the facts so established should be consistent (a) Sharad Birdhichand Sarda . State of Maharashtra.
only with the hypothesis of guilt and inconsistent AIR 1984 SC 1622
with innocence
4. The circumstances should, to a moral certainity, (b) Rao Shiv Babadur Singh u. State of V.P., AIR 1954
exclude the possibility of guilt of any person other SC322
than the accused.
Select the correct answer using the codes given below : () State of U.P. uM.K Anthony, AIR 1985 SC 48
() 1and 2 only (b) 1,2 and 4 only
(d) Shankari Prasadv. Union of India, AIR 1951SC455
() 1,2 and 3 only (d) 1,2,3 and 4 Ans. (a) (M.P. HJS 2015]
Ans. (c) (Bihar HJS, 2020] 1. An evidence sought through unfair means is:
7. Indian Evidence Act does not expressly mention
about: (a) Not admissible
(a) Oral Evidence (b) Admissible, if relevant
(b) Documentary Evidence () Admissible only at the discretion
of Court
() Secondary Evidence (d) Not valid
(d) Circumstantial Evidence
Ans. (b)
Ans. (d) [CJS 2020, UJS 2015] [Raj APP 2007]
12. Which of the
8. With respect to proof of
circumstantial evidence followingg is relevant and may be
under the Indian Evidence received in evidence?
Act, 1872, which
of the
following proposition/expression is incorrect? (a) Tape recordings
(a) That the
circumstances from which guilt is () Narco analysis
(b) Dog-tracking
established must be fully proved test (d) Allthe above
(b) That all the facts
must be
Ans. (d)
hypothesis of guilt/innocenceconsistent
of the
with the 13. What is
oral evidence?
[U.P. HJS2009)
(c) That the accused
circumstances must be of a conclusive (a)
nature in Statements made before
(A) That the (b) Direct evidence court
circumstances
exchude every hypothesisshould, to amoral certainty.
to be proved except the one proposed (c) Deposition
before court, only after
Ans. (b) corded the statement police had re-
[H.P. .S 2020) (d) None of
the above
142 Ans. (a)
San
 ndan Bidence Ad,
I872
Which of thefoltlowingis NOT cOnsidered an evi-
20. Tape recorded statementa
dence?
are
Affidavit (a) Docuentaryevlence (h) (Oralevdence
Statement of witness (0) Both (a) and oy (d, Nene of the abNe
(b)
Elctronic
record produced betore court Ans. (a) [U.K. APO 2019|
()
Document produccd betore court 21. Which of the following is not considered as
an
evidence under Indian Evidence Act, 187
Ans. (a) [CjS 2016] (a) Oral Evidence
The evidence unearthed by the sniffer dog falls (b) HearvayFvdenrr
15.
under
(c) Primary Evidence (d) Exper Erdence
(a) oral evidence Ans. (b) [U.K. CJ 321|
b) documentary evidence Proved, Disproved &Not Proved
(c) hearsay evidence 1 Proof' is the result of
(d) scientific evidence (b) Evidence
(a) Inquiry
Ans. (d) [U.P. APO 2006, UJS 2012, PJS 2013] () Investigation (d) Statement
Under Indian Evidence Act, the evidence given Ans. (b) [UJS 2014]
16.
by dog squad is : 2 Afact is said to be proved
(a) Not admissible
(a) if its is admitted
A Not admissible because dependent on the canine (b) if it is incorporated in a document
inference
(c) if it is not denied
oath
() Dogs cannot gve evidence on
(d) if its existence is so probable that a prudent man
(d) Admissible
would accept it as existing
Ans. (d) [M.P. CJ 2018 (1I)] [M.P. CJ 2012]
Ans. (d)
is not
17. Under the Indian Evidence Act, 1872, what 3. A fact is said to be "not proved":
evidence in the following?
(a) When it is disproved
judge
(a) Personal knowledge or observation of a (b) When, after considering the matters be
fore it, the
about the case during hearing
court believes that it does not exist
(b) Statement of a dumb witness considers that the fact does
(c) When a prudent man
inspection of the
() Documents produced for the not exISt
disproved
(d) When it is neither proved nor
Court

(d) Electronic C.D.

Ans. (d) [M.P.CJ 2021, U.P. APO2019,
[M.P.APO 2009)
2017,
Ans. (a)
evidence was
U.P.CJ 2006, 2016, UJS 2002, 2014,
In which year the electronic M.P. CJ 2007, 2017, U.K.
APO 2010,
1o. as a part
Incorporated in the
Indian Evidence Act
2014)
of documentary Evidence? H.P JS 2013, HJS 2014,OJS
(b) 2002 Presume, Shall
Presunme &
(a) 2001 May
(d) 1999 Conclusive Proof
(c) 2000 [U.P.AP0 2009)
Evidence Act deals with
Ans. (c) Section 4 of the Indian
included in the 1
was
19. Which of the followingunder the Evidence Act
expression

definition of
'evidence' (a) May presume
(b) Shall presume
Technology Act, 2000?
by the Information () Conclusive proof (d) All the above
(b) E-mail
(a) Social media [WBJS 2015]
(d) Compact Disk Ans. (d)
(c) Electronic record [HJS 2021]
143
Samarth Agrawal Books
Ans. (c)
 1872
lindna
A,
Indhan
Whích of the following sections of
Indian
Evidence
7
Evidence Act,
1872delas with condusivehe lhdia
by the thecourt,
2 one fact is declared and113
(a) 41,112
another,
When proof of
Act to be conclustve
on proof of one fact: the fpur (b) 112
be giveo for
evidenceto
allow
(a) Shall not (c) 113
pose of disproving it purpose or 113
cvidenceto be given for thc (d) 112 and
(b) May allow
Ans. (a)
disproving
(c) Both (a) and (b)
8.
i Shall Presume' in
Whattis regard to afact.
(d) None of the above (H.P JS 2016] (a) Final proof
Ans. (a)
Evidence Act, 1872, a
court has no (b) Court may presume that th fact is prrsei
3 Under Indian
regarding proof a
fact incontext of Court shall presume the fact as
discretion (c) pr(oved
(b) Shall presume'
(a) May presume' disproved
(d) Judicial notcie'
() Conchusive proof" (d) None of the above
[PJS 2017]
Ans. (c)
Indian Evidence
Ans. (c)
4. Whenever it is directed by the
presume a fact, it shall 9. The Indian Evidence Act deal with
Act, that the court shall
regard such fact as:
(2) presumptio juris' only
(a) proved, unless and until it is disproved
(b) presumptio huminis' only
(b) proved, unless and undl it is disproved or may call
for proof of it () both (a) and (b)
(c) proved (d) none of the above
(d) proved and shall not allow evidence to be given Ans. (c)
for the purpose of disproving it
Ans. (a) 10. Presumption of fact" under the Indian Endeng
[U.P. APO 2006]
5
Whenever it is provided in the Indian Evidence Act, 1872
Act that the Court may presume a
fact (a) is based on logic, human experience and
(a) may call for proofof the fact nan.
events and law of nature
(b) the court is bound to
regard that fact as proved (b) is based on provisions of law
() the parties can presume
that fact as proved
(d) that fact is () cannot be ignored by the court
conclusive proof
Ans. (a) (d) is of certain and uniform
pos1tion
conclusive proof of another [BJS 2000)
6 Afact if Ans. (a)
fact is proved than: fact. If that
11. Non explanation of injuries onthe person oftx
(a) the court
can call upon a party to
fact prove another accused by the prosecution witnesses
(b) the court (a) is always fatal to the prosecution
can allow Case
evidence to disproveopposite party to adduce the (b) isnever fatal to the
(c) both (a) another fact prosecution
and (b)
(d) the court (c) may affect the provided
sene

shall prosecution case

Ans. (d) regard another fact injuries :are suffered in same
as proved OCcurrences.

144 (d) None of the

(HPJ 2009 above
Ans. (c)
 Indian Evidence Act,
1872
THE
RELEVANCY OF FACTS
(Sections 5-55)
General 6
Which one of the followingstatements is
not true
such,
facts are made relevant by the Evidence According to Section 5of theEvidence Act, evidence
Onhy
encompassed by:
Act
as are may begiven in any suit or proceeding of the
Secion,5 to Section 55 ofthe Evidence Act (a) cxistence of every fact in
a) issue
Section
5to, Section 32 of the Evidence Act (b) non existence of every fact
b) in issue
Al the.Sections of the Evidence Act (c) those facts declared relevant under
the various ptr
) Onlysuchfacts uwhich can be proved as per Sectúon visions of the Evidence Act
s0and Section 60 of the Evidence Act (d) those facts which the parties think are
relevant
Ans. (a) [Raj APP 2007, DJS 2011] Ans. (d) (DAPP 2008]
Which one
following sections of the Indian
of the 7 Which of the following is required to be proved
,
Evidence Act,, 1872, provides that evidence essentially?
may be
offacts in issue and relevant facts?
given (a) Judicial notice (b) Admitted fact
a) Section3 (b) Section 4 (c) Confession (d) Relevant fact
() Section5 (d) Section 60 Ans. (d) JCJ 2014]
Ans. (c) [U.P. CJ 2015, JJS 2014) Res Gestae
. Under the law of evidence, the relevant fact 1 Facts which, though not in issue, are so connected
la) must be logically relevant with a fact in issue as to form part of the same
b) must be legally relevant transaction, are relevant under which Section of
the Indian Evidence Act?
) must be legally and logically relevant
(a) Section 8 (b) Section 5
(d) must be legally and logically relevant and admissible
() Section 6 (d) Section 7
Ans. (b) [U.P.CJ 2003, BJS 2012, WBJS 2015]
Ans. (c) [Raj. JLO 2019]
4 Under Indian Evidence Act evidence may be given
2 Under which one of the following sections of the
in respect of:
Indian Evidence Act, the doctrine of Res gestae'
(a) Fact in issue only has been dealt with
b) Relevant fact only (a) Section 5 (b) Secion 6
() Fact in issue & relevant fact (c) Section 7 (d) None of the above
(d) None of these Ans. (b) [CjS 2020, U.P.CJ 2003, UJS 2009,
Ans. (c) [M.P. CJ 2019 (I), H.P JS 2011, 2014, Raj APP, 2007, M.P. CJ2016,
Bihar APO 2012, U.P. HJS2016] A.P.&N. JS 2017, U.P. APO 2015)
i Relevancy is 3 The principle of is embodied in Sec
tion 6 of the Evidence Act.
a) Question of law and can be raised at any time
(a) Estoppel
(b) Question of law but can be raised at the first op
(b) Res Gestae
portunity
) Question of law which can be waived () Presumption
(d) Falsus in uno falsus in omnibus
(d) Questuon of procedure which can be waived
Ans. (a) [AJS 2011] Ans. (b) [GJS 20191
Samarth Agrawal Books 145
 1872
Aa,
Bvdena
form part of same
Imdhan
1.
The facts
relevant under

which
transacOon ate
4. Act deala with
Section 6of the Indian Evidence
same
transac Section 5 ofthe Indian Evidence Act
(a)
(a) Relevancyy of fact forming part of 6ofthe
Indian Evidence Act
Section
(ion (b)
Section 7ofthe Indian Evidence Act
(b) Admission (c)
Section 8 of the Indian Evidence Act
(() Opinion of cxpert (d)
(d) Conclusive proof
[UJS 2018)
Ans. (b)
(Bihar APO
UJS2002, Jhar APP
2013,U.P.AP0C) ØrE5,
2012,U.K.
Ans. (a) M.P. HJS 2014, AJS
5. Res Gestae literally means:
(b) Things spoken
12. Under the Indian Evidence Act, 1812, fac 2012,30m
(a) Things done part of the same transaction
(d) Thing then forming are knwn
(c) Same trasaction
as.
[HJS 2013]
Ans. (c) alibi (b) Admission
(a) Plea of
6 Facts forming Dart of the same transaction are (d) Dying declarasn
(c) Res Gestae
known as
(a) Plea of Alibi (b) Dying Declaration Ans. (c) [U.K. C] 321
(c) Admission (d) Res Gestae 13. In order to make
the evidence admissible as
part
Ans. (d) [U.P APO 2019, BJS 2009] of res gestae
(a) The statement must have been made Immed-
7. The criteria for 'res gestae':
ately after the act
(a) proximity of time and place
(b) The statement must have been made
(b) community of purpose
raneously with the act
contempo
() continuity of action
(c) The statement must have been made anr nme
(d) all of the above
after the act
Ans. (d) [H.P JS 2011]
8
(d) Either (a) or (b)
The term res gestae is equivalent to facts men
tioned in Section 6 of Evidence Act. It implies: Ans. (d) [PJS 2019)
(a) Things done in the course of a transction 14. In a case of murder by A of B which facts are
relevant
(b) Fact in issue and surrounding circumstances
(c) Acts talking for themselves (a) that Aleft immediately the place of crime betore
(d) All of the above police reached
Ans. (d) (b) that A told his friends about taking
[H.P JS 2012] revenge or
his father's death
9. The case of Sawal Das v State of Biharis
related
to (c) That Awas seen
fleeing with a knife iimmedaey
(a) Plea of Alibi after murder of B
(b) Rule of Res-gestae
() Rule of Estoppel (d) All of the above
(d) Rule of Res-judicata
Ans. (b) [M.P. CJ 2022, Ans. (d) [DJS20071
10. Under which one of U.P. CJ 2003] 15.
the following provisions Facts, which though t in
with afact in issue not i issue,
connected
of are so
Indian Evidence Act the words
the same transaction" occurs? "forming part of as to form part of thesame
transaction, whether they Occurred at the saametime
(a) Section 5
(b) Secion 6 and place or at different
times and places:
(c) Section 11
(d) Section 12 (a) are irrelevant
(b) are relevant
Ans. (b) [U.P. CJ 2013, UJS ) are pardly relevant
2002, 2010, 2019| (d) None of these
146 Ans. (b) 2015)
[M.P. CJ 2019 (1), RJS
Samarth Agrawal Books
 Indian Evidence Act,
1872
4'is accused of waging war against the Govern-
ment of India by taking part in an armed insur- 21. Under Indian Evidence Act, 1872, the Rule of Res
in which property is
destroyed, troops gestae" is applicable in
and goals are broken open. 'A' is are
rection

attacked

not (a) Civil cases only

at all of them yet the occurrence of
p r e s e n t .

these (b) Criminal cases only

is relevant because-
facts

They constitute a motive for relevant fact (c) Civil as well as Criminal cases
They show preparation for relevant facts (d) Not applicable in any case
Theyare effect of relevant facts Ans. (c) [M.P.CJ 2015, 2018 (II),
(d) They form part of the single transaction A.P. JS 2016, U.P. CJ 2016]
Ans. (d) [M.P. CJ 2001, UPSCCBI PP 20101 22. The English doctrine of Res Gestae?
17. Which one offthe following statements is correct? (a) has no place in India
AstruckB on the neck with a knife and this was (b) has place in India
Cwho
seen by Cu exclaied, A is killing B". C's ex- (c) has place in India and has been incorporated un
clamation is
der Section 6 of the Indian Evidence Act, 1872
A relevant because it was spontaneous
(d) has been incorporated under Section 7of the In
A relevant because it forms part of the transaction dian Evidence Act, 1872
A relevant because it is relatable to the transaction Ans. (c) [U.P. APO 2009]
(a) relevant because it is a fact in issue
23. Res gestae' is an exception to the ..
Ans. (b) (DAPP 2005] (a) Hearsay Rule
18. Afact is relevant
(b) Relevancy Rule
(a) if it ismentioned in the pleadings (c) Circumstantial evidence
(6) if it is mentioned in the document relied by any
(d) None of the above
of the parties
() ifit is connected with a fact in issue so as to form
Ans. (a) [M.P. HJS 2015]
part of the same transaction 24. A is accused of the murder of B by beating him.
What is not admissible as evidence?
(d) all of the above
Ans. (c) [M.P. CJ 2012] (a) Whatever was said by Aor Bor by-standers at the
19. R.M. Malkaniv State of Maharashtrais related to time of beating
which of the following: (b) A has intention for murder of B
(a) Relevancy of facts forming part of same transac () Marks on the ground of struggle between A and B
tion (d) A is aman of bad character
(b) Documentary evidence Ans. (d) [M.P CJ 2007]
(c) Leading Question 25. In which of the following cases hearsay evidence
(d) Accomphce is not admissible?
Ans. (a) [UJS 2012, HADA 2016] (a) Statement of experts expressed in treaties, if the
0. In which case was it held that tape recorded author is dead or cannot be found
conversation is relevant under Section 6, 7 and 8 (b) Where eye-witness told the facts to another per
of Indian Evidence Act? son, statement of that person
(a) Ravindra u. State of Andbra Pradesh 1980 S.C. (c) If the statement is of a deceased person,when it
S.C.
(b) RM. Malkani u. State of Mabarashtra 1973 relates to cause of his death

() G.V. Rao u State of Karnataka 1996 S.C. (d) If the statement is part of the transaction-in-issue
(d) KN. Goswami u State of U.P 1992 S.C. Ans. (b) [UJS 2009]
[U.K. AP0 2021)
Ans. (b)
Samarth Agrawal Books 147
 1872
Ad,
Indhan
Emdence
Preparation & Conduct
Motive,
26. propositions : andI previous or: subsequent
Choose the true statement about preparation

Section ........ of
Propositions: 1
Motive,
conduct is
covered
under
fIndian
an cvi-
(1) Secticon 6 prescribes rule for rclevancy of Evidence Act, 1872.

dence which is 'part of same transaction

(b) 9
r of action (a) 8
(I) Proximity of timc, place and continuity (d) 11
transaction (c) 10
are suggestive of part of same
part of same Ans. (a)
[TJS 2013, AJS 2011, UJS 20121
(II) Psychological acts may also form folllowing is not inclusive in
ttansaction Which one
of the
2 Indian Evidence Act, 18722ffor rel-
Assistations: Section 8 ofthe
(a) Iand IIare correct, III is incorrect evancy?
(b) Motive
(b) IIand III are incorrect, I is correct (a) Intention

(d) Conduct
(c) Iand IIIare correct, II is incorrect () Preparation

CJ 2015, Raj APP 20021

(d) All are correct Ans. (a) [CJS 2020, U.P.
[H.P JS 2019] preparation for
Ans. (d)
3 Any fact constituting a motive or
Occasion, Cause and Effect issue
any fact in
fact
1. Section 7of the Evidence Act does not include (a) is a relevant
which one of the following? fact
(b) not a relevant
(b) Cause
(a) Occasion
(c) is a relevant fact, if it torms partof the same trans
(c) Purpose (d) Effect action

Ans. (c) [U.P:. CJ 2013] (d) none of the above

2 Which one of the following statements is correct? [A.P. &T. cJ 2015]
Ans. (a)
In atrial of 'A' for the murder of B marks on the
ground produced by a struggle at or near the place
4. A' is tried for murder of B' by administering Po
of murder is a fact tassium Cynide. The fact that A has purchased
(a) forming part of the same transaction potassium cynide just before the murder of Bis
relevant under
(b) necessary to explain or introduce relevant fact
(a) Section 4 (b) Section 8
(c) showing existence of state of mind or of body
(d) as to theoccassion, cause or effect of facts in issue (c) Section 9 (d) Section 10
Ans. (d) [DAPP 2005, Chhat ADPO 20081 Ans. (b) [CJS 2014, M.P. CJ2015]
3 Footprints of accused is admissible under.... of 5 Under which Section of the Indian Evidence Act,
the Indian Evidence Act, 1872. the conduct of the accused is
relevant?
(a) Section 7 (b) Section 8 (a) Section 12 (b) Section 8
(c) Section 10 (d) Section 14 (c) Section 10
Ans. (a) (d) Section 11
(H.P JS 2020) Ans. (b)
4 The question is whether "A' murdered 'B [Raj. JLO 2019]
the course of a struggle marks on during 6.
The conduct to be
under Section 8 of the
the ground pro
duced by the struggle at the place of Indian Evidence Act,relevant
relevant fact under which of the occurrence is (a) must be
it:
tions of the Indian Evidence Act?
following sec previous
(b) must be
(a) Secion 6 (b) Secçon 7 subsequent
(() may be either
(c) Section 8 (d) Section 12 previous or subsequent
Ans. (b) (d) none of the
(UJS 2015] above
Ans. (c)
148 (H.P JS 2013)
Samarth Agrawal Books
 Abdullac
case law is related to.
Dueen k
(b) Consequences () The details of the business on which
) Conduct
he left is not
relevant even if it were to show that the business
Moive
(d) Preparation was sudden and urgent.
Ans.(a)
|CJS 20191 (d) None of the above
is truc
is,
q u e s t i o n i
whether-A' was ravished and there- Ans. (d)
The (DJS 2022]
a f i e rm u r d e r e d p
12.
Ais accused of B's murder. Which of the
follow
fact
that, without
making a complaint, she ing will be a 'relevant fact'?
The
she had been ravished-
said
that (a) A'sgoing to ficld with a club
as a conduct
Is
relevant
(b) A's saying shortly before the incident that he will
Is
relevant as a substantive evidence take a revenge of his father's death
a secondary evidence
ls relevant asa () As flecing before the police arrived at village
be relevant under Section 32(1) or 157 of (d) All of the above
) May
Evidence Act Ans. (d) [U.P. HJS 2009]
Ans. (d) [(Raj JLO 2019, M.P. CJ 1998, 13. To what facts of the following the rules of rel
BJS 2012, JCJ 2000] evancy have been discussed under Section 8 of the
Indian Evidence Act?
Which of the following would not be relevant in
evidence under:Section 8 of Indianl Evidence Act? (a) Motive

Evidence ofthe existence ofa motive for the crime (b) Preparation
4) (c) Previous or subsequent conduct
charged
A Evidence of a statement whch accompanies some (d) All of the above
conduct Ans. (d) [M.P. APO 2002,2009, U.P. CJ 2012,
UJS 2012, PJS 2011, U.P.APO 2011,
( Evidence of a statement which influences and af Chhat ADPO 2006, U.K. AP0 2010, OJS 2013]
fects the conduct of a person, whose conduct is
otherwise relevant 14. Under Indian Evidence Act, 1872, "Motive" be
on
robbery comes more relevant in a case based
(d) Evidence of a statement of the act of
(a) Direct evidence
without making any complaint
[U.P. APO 2009] (b) Circumstantial evidence
Ans. (d)
(c) Documentary evidence
murder of Y. During
. Xis prosecuted for the
and Y had ver (d) Without any evidence
trial, evidence is adduced that X
accused Xhad threat [M.P CJ 2015]
bal altercation, in which Ans. (b)
soon after the
ened to kill Y. The fact that, 15. Which of the following
statements is true?
purchased the same
threatcning statement, X had admissible A' is tried for the murder of
B. There is evidence
stab Y, is
knife which was used to prosecuted 'A' for libel and that
of the fact that 'B'
under of Evidence Act, 1872. sentenced. This judgement is
(b) Section 7 'A' was convicted and
(a) Section 6 conclusive proof of the
murder of B' by 'A' as it
(d) Section 10 (a)
(c) Section 8 is judgemnent in remn
[H.P JS 2019] conclusive proof as it
relates to
Ans. (c) (b) relevant but not
accused relevant to the inquiry
matters of a public nature
. Which ofthe following istrue if Shyam is judgement is a
of a crime? (c) relevant as the existence of such
commission of the crime, factin issue
a) The fact that after the motive
from his house is
irrelevant. Section 8 as showing the
Shyam absconded (d) relevant under
B
when he left
home, Shyam for the murder of
b) The fact that, at tthe time place to [DAPP 2008]
business at the Ans. (d)
had sudden and urgent
which he went is irrelevant. 149
rth Agrawal Books
San
 1872

Indan
Eidene
Aa, imputing

for alibelthat the

disgraceful con-
whether docu-
4
4'sues B'
ductto
A.
B'affirms

position
matteralleged to
and relations of be
16. The question before the court is true. The the
following libelous is when the libel was
ment X' is the will of 'A. Which of the
parties at
time
the published
is relevant? m a y b e relevant
mak-
referenceto motive for fact in issuc
(a) 'A had consulted Advocates in constituting a
ing the will. (a) As influenced by fact in issue
conductt
(b) A had caused drafts of wills to be prepared of (b) As issue
to facts in
introductory
which he did not approve. (c) As
estate prcparation for
fact in issue
his
(9 A had made enguiries as to the value of (d) As
which he has bequeathed. Ans. (c)
(M.P. Cj 20N)
(d) Allthe above. Identification
Parade is
5. Test
Ans. (d) [PJS 2013] (a) substantive evidence

17. The question is, whether Aowes B Rs. 10,000. The (b) corroborative evidence
facts that Aasked C to lend him money, and D said
(c) no evidence
to Cin A's presence and hearing- "I advise you not
to trust A, for he owes B Rs. 10,000, and that A (d) hearsay evidence
wentaway without making any answer is a: Ans. (b) JCJ 2019, M.P. CJ 2021, 2010]
(a) Relevant fact (b) Irrelevant fact Parad
6. Important case related to "Identification
(c) Fact in issue (d) None of the above is
Ans. (a) [DJS 2010] Nadu
(a) Ramnathan . State of Tamil
Facts necessary to explain, (b) Ram Lochan u State of West Bengal
introduce relevant facts
() Queen Empress u Abdullah
1 Identification of the accused person is related to (d) All of these
which of the following Sections of the Indian
Evidence Act? Ans. (a) [UJS 2018]
(a) Section 6 (b) Section 9
7. Which one of the following statements is incor
() Section 11
rect with regard to a Test Identification Parade?
(d) Section 27
Ans. (b) (a) It constitutes substantive evidence.
[Raj JLO 2019, UJS 2018, 2009,
2012, 2014, Raj APP 2007, (b) Accused should not previously be
known to the
M.P. CJ 2014, A.P. JS 2016] witness.
2 Test Identification Parade is admissible () Ithelps the investigating agency to know that
under
the
investigation is proceeding on the right lines.
(a) Section 7 (b) Section 8 (d) It should be conducted as
of the accused.
soon as after the arrest
() Secúon 9 (d) Section 10
Ans. (c) Ans. (a)
[H.P. JS2019) 8 [DJS 2018]
3. Identification of a suspect by photo is- To ensure fairness
(a) Admissible in evidence cation Parade, the and accuracy in a Test Identifi-
(b) Not admissible in evidence
requirement is
(a) parading persons
of same social
(c) Section 9 of the Indian (b) parading persons status
Evidence Act excludes of same or similar
idenification by photo pearance along with the physical ap"
(a) Section 8 of the lndian
Evidence Act excludes (C) parading be done in suspect
idenification by photo presence of all the witnesses
Ans. (a)
simultaneously
(d) None of
[HHJS 2013) these
150 Ans. (b)
Samarth Agrawal Books (DJS 2015]
 Indian Evidence M, 1872
one of the following statements is correct?
Which
2
'A' is tried fora riot and is proved to have marched
The latest approach toward the evidentiary value as the head of a mob. The cries of the mob are
sjdentification parade", as laid down by the relevantas
Supreme Court in Anik Kumarv State of U.P is (a) They arc rclated to things said or done by the con
that it is spirators in reference to the common design
(a) mandatory evidence (b) Explanation of the nature of the transactíon
evidence which may be dispensed with (c) Explanatory of motive or preparation
(d) Explanatory ofoccasion, cause or effects or facts
0 corroborative evidence in criminal proccedings Ans. (b) (RJS 2011]
A evidence to support or to rebut any fact before the 3 Which Section of the Indian Evidence Act
court in criminalproceedings provided provisions relating to conspiracy?
Ans. (d) [DAPP 2005] (a) Section 13 (b) Section 10
10. Match List-I with List-II and choose the correct (c) Section 11 (d) Section 12
ans wer with the help of the codes given below the Ans. (b) (Raj. JLO 2019]
lists : 4 Thingssaid or done by a conspirator in reference
which
List-I List-II to common design is relevant fact under
Section of the Evidence Act?
(Relevancy of (Sections of
(a) Section 11 (b) Section 13
the Facts) Evidence Act) (c) Section 10 (d) Section 12
A. Facts which shows 1. Section 9 [U.K. APO 2010]
Ans. (c)
the preparation of brib
5. Aand B were prosecuted for conspiracy forstation
Fact-in-issue
ing a police officer. A came to the police
B. Facts which are the 2. Section 8 and offered an Inspector packet of currency notes.
result of Fact-in issue He told the inspector that B had sent the money as
a consideration for hushing up the case against
C. Facts which are part 3. Section 7 him. The offer of money and the accompanying
of same transaction statement made by A were relevant against
4 Section 6 (a) A only (b) B only
D. Facts which are
necessary to explain (c) Both and B (d) None of the above
or introduce relevant [DJS 2010]
Ans. (c)
X,Yand Z' entered intoconspiracy on
Decem
facts 6.
bridge. In accordance
ber 26, 2017to explode a
Codes: be exploded
with the conspiracy, the bridge was towas
D However, Mr.Y arrested
A B C on January 26, 2018.
statement to police
3 4 1 on January 24, 2018. He made remaining two
(a) 2 about the conspiracy. However,
conspiracy.
(b) 3 2 1 4 conspirators successfully executed the
were also
3 1 Later on, the remaining two conspirators
various pro
() 4 arrested, and all were charged under
3 2 4 visions of Indian Penal Code, 1860.
(d) 1 [U.P. A.P.0. 2019) reasonably established
During trial, prosecution
Ans. (a)
the fact of conspiracy between
X, Y and Z to ex
conspirators in reference, which of
plode thesaid bridge. In this under Section 10 of
Things said or done by the following fact is
relevant
reference to common design Evidence Act 1872?
anything said, done or Y on December 20,
1 Which section makes conspiracy, relevant as
(a) A letter written by X to meeting
a 2017 inquiring the possibility of a
Witen by an accused to reference to their the police on January
co-conspirators in (b) Confession made of Yto
gainst 24, 2018
common intention?
Indian Evidence Act, 1872 (c) Confession made of Z to the police officer on
(a) Section 10 of the 1872 January 30, 2018
Indian Evidence Act, January 16, 2018 to the
(b) Section 6 of the Act, 1872 (d) Anemail sent by Y,
dated
Indian Evidence supplier of explosives
() Section 15 of the 1872
Evidence Act, (H.P JS 2019]
(d) Section 14 of the Indian (M.P. CJ 2021] Ans. (d)
151
Ans. (a) Samarth Agrawal Books
 heen done in n
I872
,
Iodon
liHdnn

act must
have
referencE tothey
l) The (ommon intenton

or
aid, done (d) It can be uscdin favour of the other party nba
7 Under the Evidence Act, anything c o n s p i r a c y in the purprne of shrrwing thar such a pervn w
whenthe he on
writen by n conepiatot c o c o n n p i r a t o r

cfnspiracy
afoot, in relevant againstthe t a party to
the
basis of the doctrine of. (h) «hared knwlcdgr
Ans. (d)
[U.P. APO
(a) neira evidence
relatingto conspiracy is
12. The
M.P HJS 2012) of the
motive crsp1ratrrs and
comnrnon

Ans. (c) (a) pursuance of

t
declares that anything donein
Evidence Act
The Indian of the conspira (b) cornmon intention of the crmsparats and
done or written by any one
said, if it was in pursuance f t
relevant to prove conspiracy, thing in writing in
torsis
intention of the
(a) pursuance of their common
intention
(c)
comnmon crnspiratrs
their common
intention thing said, done, wriitten by any f them nb
(b) reference to
intention therance of that intention
prosecution of their common
(c)
motive of tthe conspirators and he
(d) redecming their commnon intention (d) common
(DAPP 2010] withness
ment of a
Ans. (b)
Act,
10 of Indian Evidence
9 With respect to Section proposition/
Ans. (c)
1872 which of the following relera
expression is incorrect? When facts not otherwise
ground to believe in the become relevant
(a) There must be reasonable
cxistencc of conspiracy, established by
prima facie
Facts not otherwise relevant become relevann i
parties to 1.
(b) ltmust be proved that the accused were they are inconsistent or makes highly probable o
the conspiracy improbable any fact-in-issue or a relevant fac
(c) The act, declaration etc. of cach conspirator must (a) Cannot be relevant
be only in furtherance to their common intention
(d) The act,declaration etc. must be confined to the (b) Relevant Under Section 11 of Evidence Ac:
period of conspiracy (c) Relevant Under Section 9 of Evidence Ac
Ans. (c) [H.P. JS 2020] (d) Relevant Under Section 7 of Evidence Act
10. Which of the following fact is relevant under Sec
tion 10 of the Evidence Act? Ans. (b) [M.P CJMm
(a) Those facts which are introductory in nature 2. Under which of the following provisions of the
(b) Those facts which help to certain identification and Indian Evidence Act 1872 the words, "When tàcs
article of aperson not otherwise relevant become relevant occus
(c) Those facts which depict relation between (a) Section 14 (b) Secton 1!
parties
(d) Those facts from which inference (c) Section 7 (d) Secion 10
of conspiracy
can be traced
Ans. (b) [U.K.APO M21
Ans. (d)
11 Which of the following
(Raj APP 2005] 3. "Facts not otherwise relevant are relevantifthey
is not correct for are inconsisstent with any fact in issue ot releva
of evidence to prove relevancy
(a) There must be
conspiracy? face",
reasonable ground to believe that
two or more persons Which of the following sections of the
Indian

have entered into a ol

spiracy con Evidence Act contains the aforesaid principle

(b) The act in law?

question must have been done
time when the
intention to conspire was after the (a) Section 9 (b) Section 10
tertained by any of them first en
(c) Section 11 (d) Section 12 2014
152 Ans. (c) GS
([DAPP 2005, UJS2010,
Samarth Agrawal
 Indian Eidence Ad, 1872
Whichone of the following sections of the Indian 9. The question is, whether'A'comnmitted acrime at
Evidence Act provides the provision regarding
plea of Alibj
Calcutta on acertain day. The fact that, n that
day, 'A' was at Lahore is relevant
(a) Scction 7 (b) Section 6
(a) As a motive for factin 1ssue
() Section 4 (d) Section 1|
(b) As introductory to fact in ssoe
Ans.(d)
[Mah. C] 2021, U.K. C] 2021, DJS 2019,
UP. CJ2003, RCJ2017, HJS 2011, JJS 2016, () Aspreparation of relevant fact
BIS 2009, 2012, TJS 2013, Jhar APP 2012, Rai (d) As it makes the existence of fact in issue hghly
APP 2007, AJS 2012, M.P. CJ 2018 (1), Sikkim improbabl
JS2014] Ans. (d) [M.P.CJ 2001,PJS 2017,
Section of the. Evidence Act is called a re- M.P. AP0 2009, 2002,2003,
Which
siduary":Section dealing with relevancy of facts: CDS 2004]
(a) Section 11 (b) Section 12 10. The plea of 'Alibi' is established by:
) Section 13 (d) Section 14 (a) prosecution
[H.P JS 2012) (b) accused
Ans. (a)
Cocts which are inconsisternt with any fact in issue (c) either by prosecution or by accused
are relevant' on the basis of: (d) none of the above
'alibi' [H.P. JS 2009]
(a) plea of Ans. (b)
re
(b) principle of res-gestac' 11. The case Dudhnath Pandey v State of U.P. is
lated to
() nihil ad rem'
(a) Res Gestae (b) Plea of alibi
(d) 'res integra
[H.P JS 2013] (c) Admission (d) Accomplice
Ans. (a)
whether on 11-01-2019 'A' [UJS 2018, U.P. CJ 2013]
7. The question is Ans. (b)
committed a crime of murder at Jaipur.
Whereas,
The plea can succeed only ifit
is shown that the
12.
that at the time and relevant time that
factually it has been proved accused was so far away at the
Shimla. It is a relevant place where the
day of occurrence'A'was at he could not be present at the Court of
Supreme
fact, because crime was committed'. The
referring to the plea
(a) plea of alibi of the accused. India, in this observation, was
transaction explanation of the of:
(b) by the nature of (b) abetment
relevant fact is revealed. (a) innocence
(d) self-defence
conduct of the accused.
(9 itreveals subsequent (c) alibi
intentional and not an (DAPP 2010)
was
(d) the act of the accused Ans. (c)
accidental act. murder ofX was com
The question is whether the admis
13.
[Raj. JLO 2019] that Yproduces an
Ans. (a) mitted by Y. The fact dislocation of his
alleged to indicating
'A' isaccused of murder of B by pistol
8 of hospital
sion slip alleged murder.
September at Dehradun. A during the period of
De purchased on 15th hip bone
following is the correct
pro
September he was Which one among the
makes a statement that on 15th Act under which is
Dehradun A's Statement is a The Indian Evidence
at Lucknow, not at vision of
relevant fact under: relevant?

(b) Section 11 (a) Section 6 (b) Section 9

(a) Section8
(d) Section 14 (d) Section 11
(c) Secçon 9 (c) Section 10
HHJS 2011, [DAPP 2010]
Ans. (b) [UJS 2006, 2010, Ans. (d)
(1), 2019]
M.P. CJ 2012, 2018 153
Samarth Agrawal Books
 I872

Iudan
Aa,
i v d a n e

Facts
relevant
for
damages,
right or custom
provl-
per
14. as
Which of the following statements,
1872, is
not cor- WhichSection ofthe Indian Evidence Act enables
sions of the Indian Evidence Act, the courtto determine the amount of darmagest
rect? issu,

with any
facti n (b) Scction 11
(a) Facts which areincoonsistent (a) Section9
(d) Section 10
shall not berelevant them () Scction 12
rclevantifby
(b) Facts not otherwise relevant are facts,1they make
other Ans. (c)
selves orin conncction with issuc Which Section ofthe EEvidene Act lays down nules
ofany factin
the cxistence of non-cxistence

orimprobable
2 relevant
facts when the right or
or rclevant factl highly probable regarding
CUAUITn
relevant, which shows
or constitutes 2 isin question?

(9 Any fact is issue or

rel-
fact in
any (a) Section 12 (b) Secticon 13
motive or preparation for:
evant fact Section14 (d) Section 15
ofthe mnat- (c)
(d) Admissions are not conclusive proof estoppels Ans. (b)
[Raj JLO 2019, H.P. JS 2012
as
ters admitted, but they may operate Act, Evidence of custom cannot be given to eestablish-
Indian Evidence
under the provisions of the 3.
1872 ight
(b) an easementary righ
[RJS 2015] (a) a civil
Ans. (a) acustomaryright (d) a criminal right
(c)
15. Section 11 of the Indian Evidence Act enables a [U.P. APO 2006,
what is com Ans. (d)
person charged with a crime to take A marriage was solemnizedlin a general custom-
monly called the plea of 4
ary form. What is the rule for proving that it is
(a) res gestae (b) lispendens
legal wedlock?
(c) alibi (d) res-judicata
UJS 2016] (a) The custom shall be proved by evidence
Ans. (c)
(b) The court takes judicial notice of the custom
16. The question is, whether A' committed a crime at
Kolkata on certain day. In answer to this question, ( The court shall evaluate the effect of custom n
which of the following fact is relevant? general public
(a) That A was out that day at Mumbai (d) All the above
(b) That 'A habitually goes to Kolkata Ans. (d) [U.P. APO 2006|
() That A' habitually commits crime 5. Section 13 of the Evidence Act applies to:
(d) None of the above (a) public as well as private rights
Ans. (a) [U.P. APO 2006]) (b) right of full ownership or falling shott ot
17 Under the Evidence Act facts not otherwise rel
evant arerelevant . . . ownership
L if they are significant () corporeal or incorporeal right
I if they are inconsistent with (d) All of the above
any fact in issue
or relevant fact Ans. (d) [Chhat ADPO 202!
II. if they make the
existence or non-existence
Facts showing existence of state of mind,
of any fact in issue or
relevant fact highly prob or of body or bodily feeling
able or improbable 1
Choose the correct answer Facts showing existence of any state of mind, or
below: using the code given showing the existence of any state of body or
(a) I, II and III bodily feeling are relevant under which Section
(b) Il only of Indian
Evidence Act?
(c) IandII only
(d) Il and IIl (a) Section 16
Ans. (d) only (b) Section 12
[M.P. HJS 2012 (c) Section 14
154 (d) Section 15
Ans. (c) (Raj.JLO2019
Samarth Agrawal Books
 Indian Eidence Ad,
1872
Section 14 ofthe Evidence Act, the facts
Under existence ofstate of mind must be: (b) explanation I to Section 14
the
shoning
state of mind () explanation IIlto Section 14
mind (d) explanation IV to Section 14
I state of
Ans. (b)
General

b)
and
(b) [U.P.CJ 2093, UJS 2012,
Both
(a) H.P JS 2012, TjS 2013|
A above 8
None
ofthe A, is accused of receivingstolen goods knowing
(HJS 2021] them to be stolen. T'he above is the illustration of
Ans.(a)
showing
the existence of any state of (a) Section 8of the Evidence Act
facts
The
under,Section 14 of the Indian Evidence Act (b) Section 12 of the Evidence Act
mind
relatet o : (c) Section 14 ofthe Evidence Act
(b) Knowledge
la) I n t e n t i o n

(d) Section 13of the Evidence Act

Good faith (d) All of these
Ans. (c) [UJS 2010|
(d)
[M.P. APO 2003, 2008, U.P. AP02011] Under Section 14of the Indian Evidence Act, 1872,
Ans.
existence of a state offmind or body or bodily which of the following facts becomes relevant,
When
inissue, which of the following facts are namely?
feelingis
r e l e v a n t ?
(a) tacts showing state of mind
Intention and knowledge (b) facts showing state of body
rashness () facts showing state of bodily feelings
b) Negligence and
Ilwill or good will (d) Allthe above
above Ans. (d) [U.P CJ 2012, KCJ 2012, PJS 2013)
(d) All of the
intentionally
Ans. (d) [DJS2022] 10. A is tried for the murder of B by
shooting him dead. The fact that A, on
other occa
mention as
Which of the following does not find a sions shot at B is relevant as it shows
Section 14 of the
showing state of mind under Motive to shoot B
Evidence Act, 1872? (a) Intention to shoot B (b)
None of the above
(a) Ill will (b) Motive (c) Preparation to shoot B (d)
[HJS 2014]
( Good faith (d) Negtigence Ans. (a)
'B' by intentionally
2006, Jhar APP 2012, 11. 'A' is tried for the murder of
[U.P. CJ irrelevant fact is
Ans.(b)
2013] shooting him dead. In trial, the
UJS 2002, HJS
shooting at people with
publishing an (a) 'A'was in the habit of
by
6 'A'is accused of defaming B reputation of intent to murder
them.

imputation intended to harm the shot at 'B'.

publication by 'A' respect (b) 'A' onother occasions
B. The fact of previous
irrelevant.
'B, showing ill-will on the part of A' towards (c) Both (a) & (b) are
ing not irrelevant.
B' is relevant (d) Both (a) & (b) are
(RJS 2021]
preparation for harming 'As Ans. (a)
4) Because it proves the murder of Y by inten
reputation 12. Xis tried for committing reference to his in
issue shooting at him. With
As it is necessary toexplainfact in tionally
adducted the fact that
X had
tention', prosecution
harm B's' reputation earlier occasion. The
9 As proving intention to attempted to shoot Y at an ofEvidence Act,
(d) As it is the effect of relevant fact fact is relevant
under

M.P. Cj 2001]
Ans. (c) [Raj JLO 2019, 1872.
(b) Section 11
the
1. Under which one ofthe following sections of (a) Section 6
conviction of a
person
(c) Section 14 (d) Section 15
Evidence Acttthe previous
[H.P JS 2019)
is relevant Ans. (c)
155
2) explanation I to Secion 14 Samarth Agrawal Books
 1872
Aa, facts
Edena
the following is not
Indhan
Which
one of
Evidence
Act? relevant
17. Indian
under the
intentionally

13. A is tried for the murder of 'B' by was charged for the
shooting him dead. The fact that A was in
the habit
Where
accusecd
murder
X of
murder them
is (a) the fact that accuscd was in the habjt. of shooting
of shooting :at people with intent to
at people
(a) relevant fact
was chargcd for receiving,
(b) irelevant fact Wherc
accuscd
stolen
(b) property, the fact that he was in possession
(c) neither relevant nor irrelevant articles
stolen
many other
(d) fact in issue
[U.P CJ 2016] person is
sued for damage done by
Ans. (b) (c) dogtothe plaintiff which the person knew tobes,
Where a
the
14. Which of the following is incorrect under ferocious, the fact that the dog had Ipreviously bit.
Evidence Act?
made complaints
(a) In acase where Ais charged with receiving a
par ten others and they had
to be (d) Where a person was accused for: murder cin Delhi,
ticular stolen wristwatch knowing the same
stolen - The fact that at the same time he was in the fact that he was in New York on the day of
relevant.
possession of other such stolen articles is alleged murder

(b) In a case where A' is tried for the murder of Bby [UPSC CBIPP 20101
intentionally shooting him to death - The fact Ans. (a)
that A was in the habit of shooting at people question is, whether aparticular
letterrreached
with intent to murder them is relevant.
18. The
A. The fact that it was posted in due Course and
offee
() In a case wher A is sued for damages for bite was not returned through the dead letter
injury by his dog to B', A having known the dog (b) Are irrelevant
to be ferocious -The fact that the dog had previ (a) Are not relevant
ously bitten X', Yand Z' is relevant. (c) Are relevant (d) None of these
(d) In a case where A is accused of defaming B' by Ans. (c) [M.P. AP0 2002)
publishing an imputation intended to harm the
reputationof B - The fact of previous publica- 19. "The Brides in the Bath case is based on whiok
tions by 'A' respecting B, showing ill-willon the Section of Indian Evidence Act?
part of A towards B' isrelevant. (a) Section 16 (b) Section 15
Ans. (b) [DJS2014) (c) Section 14 (d) Secion 11
15. The question before the court is whether docu
ment X' is the will of A'. Which of the following Ans. (b) [Chhat ADPO 2008]
is relevant:
Admissions
(a) A had consulted advocates in reference to making
1 Which of the following Sections of the Indian
the will
(b) A had caused drafts of wills to be prepared of Evidence Act deals with the relevancy of admis
which he did not approve sion and confessions?
(c) A had made enquiries as to the value of his (a) Section 6-16
estate (b) Section 17-31
which he has bequeathed (c) Section 32-33
(d) All the above (d) Section 34 39
Ans. (d)
Ans. (b) [OJS 2017]
16. S' sues Y for damage PJS 2013] 2 Which one of the following ssections of the Indian
done by a dog of Y, which Evidence
y knew to be ferocious. Act defines
The fact that the dog had admission?
previously bitten 'A', B' and C are (a) Section 16
(a) relevant (b) Section 17
(b) irrelevant (c) Secion 15
() inadmissible (d) Section 18
(d) unreliable Ans. (b)
Ans. (a) (0.P.CJ 2003, 2015, ojs 2011, 2013,
[U.P. CJ 2013] UJS 2010, 2016, Raj APP 2007,
156
A.P JS 2016]
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 Indian Eidence At, 1872

8.
dnussions: Which one of the following statement is true?
writing Admissions are
be in
m u s t

) oral
(a) conclusiveproof of the matter admited
bc
must

6) eitherr oral or writing (b) not conclusive proof of the matter but may oper
canbe ate as estoppels under certain provisions of the
be
oral andin writing both Evidence Act
must
)
[Raj JLO 2019, M.P. CJ 2001, 2006, (c) conclusive proof of the matter admitted and al
Ans.(c)
Chhat ADPO 2006,UjS 2009, ways operate as estoppels
UPSC CBI PP 2010, TJS 2013, KCJ 2018]
(d) not conclusive proof of the matter
the following statements is correct? (DAPP 2008, M.P.CJ 2012, 2019 (11),
Which
one of Ans. (b)
is acknowledging any right of liabil- cjS 2004, 2016, WBJS 2011]
A d m i s s i o n

civi law,
made 9. Statements made by an agent to any party to the
in under proceedings are admissions
judicial authoriny
A orally before a (a) in all circumstances
betore a notary
in writung circumstances of
b) (b) if the court regards, under the
and document, as well as orally, but authorized by
conduct
( by electronic form case, that an agent is expressly
the
not in the principal to make them
conduct, orally, or in writing or contained in (c) if thecourt regards, under the
circumstances of
(d) by impliedly
electronic fom the case, that the agent is expressly or
authorized to make them
[DAPP 2005, M.P. APO 2008,
Ans. (d)
Bihar APO2012, U.P.APO 2002, 2008] (d) None of the above
[Bihar A.P.O. 2020)
amended by Ans. (c)
Which of the following Sections was Indian Evidence Act
Technology Act, 2000? 10. Admission' according to the
the Information
includes statement made by:
Indian Evidence Act
(a) Section 6 of the 1. expresly referred person.
Indian Evidence Act make
(b) Section 17 of the proceeding authorized to
Evidence Act
2. agent of a party to
Indian
(c) Section 32 of the the statement.

Indian Evidence Act

person whose liability must
be proved.
(d) Section 41of the 3.
[UJS 2009] party derived his interest
Ans. (b) 4 person from whomn the

Admission means
in the subject matter.
given
answer using the code
Select the corect
(a) statenment made before Court
below:
(b) statement made in a document (b) 1,2 and 3only
(a) 1,2,3 and 4
suggesting inference as to any tact in (d) 1and 4 only
(9 statenment (c) 2,3 and 4 only (DAPP 2010)
1SSue
Ans. (a)
Indian
under the
d) none of the above an admission
Who can make
(M.P. CJ2012] 11.
Evidence Act?
Ans. (c)
proof ofthe
mat- interest derived
1. conclusive (a) Person from whom
Admissions are not
as:
ters admitted but they may operate (b) An independent person
(b) estoppels
a) res judicata (c) Witness to a proceding
these
C) res gestae (d) all of (d) The Court
[U.P APO 2015]
HJS 2011,
(TJS2014, H.P JS 2011, Ans. (a)
Ans. (b) WBJS 2015] 157
MHJS 2012,
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