Indian Evidence Act, 1872 MCQ Quiz - Objective Question with Answer for Indian Evidence Act, 1872 - Download Free PDF

The correct answer is In both (A) and (B).

Key Points

• A dying declaration is a statement made by a person who believes they are about to die, regarding the cause or circumstances of their impending death.
• Section 32(1) of the Indian Evidence Act allows such declarations to be admissible in evidence even though they are hearsay.
• These declarations are considered reliable as they are made in extremis, under a sense of impending death, which is presumed to remove any motive to lie.
• Such declarations can be admitted in both civil and criminal proceedings as per Indian law.

Important Points

• Section 32 of the Indian Evidence Act deals with cases in which statements of relevant facts by persons who are dead or cannot be found, etc., are relevant.
• Section 32(1) specifically pertains to statements made by a person as to the cause of his death, or as to any of the circumstances which resulted in his death.
• The logic behind admitting such statements is that a person on their deathbed is unlikely to lie.
• This provision plays a crucial role in cases where the victim is the only eyewitness to the crime.

Additional Information

•  In civil proceedings: Dying declarations can be relevant in civil cases, such as in matters of wills or property disputes, where the cause or circumstances of the deceased's death might be pertinent.
• In criminal proceedings: They are most commonly used in criminal cases, particularly in cases of homicide or assault leading to death, where the deceased's statement might provide crucial evidence regarding the crime.

The correct answer is An accomplice or partner in crime

Key Points

• An accomplice is someone who actively participates in the commission of a crime.
• They can be someone who aids, abets, or encourages the primary offender.
• In Indian evidence law, an accomplice is considered a competent witness but their testimony must be corroborated by independent evidence.
• An accomplice's testimony is often seen with suspicion unless it is backed by other reliable evidence.

Additional Information

• Crime watcher: A person who observes a crime but does not participate in it.
• Resident at crime scene: A person who happens to live at or near the location of the crime. They are not necessarily involved in the crime.
• Not reporting the crime to the police despite being aware of it: This is generally considered a moral or civic failure but not necessarily a legal offense unless specific laws apply.

The correct answer is At the time of cross-examination.

Key Points

• Indicative questions are typically asked during the cross-examination stage of a judicial process.
• Cross-examination is a stage where the opposing counsel questions a witness to test the credibility and truthfulness of their testimony.
• The purpose of cross-examination is to challenge the evidence presented and to clarify any ambiguities.
• During cross-examination, indicative questions are used to lead the witness towards a particular answer or to highlight inconsistencies.

Important Points

• Re-examination is conducted after cross-examination, where the counsel who called the witness asks further questions to clarify any points raised during cross-examination.
• Inspection refers to the examination of documents or physical evidence in the judicial process, not typically involving indicative questioning.

The correct answer is Option 4: All above (A), (B) and (C).

Key Points

• The word "fact" encompasses different types of information, including spoken words, observations, and reputations.
• Facts are pieces of information that are generally accepted as true and can be verified.
• They include objective realities or truths that can be proven by evidence.
• In this context, all the given options (spoken words, observations, and reputations) can be considered types of facts.

Important Points

• Someone spoke some word (Option 1): A fact can be a statement someone has made if it can be verified as true.
• Someone heard or saw something (Option 2): Facts can be based on direct observations or experiences.
• A person has some reputation (Option 3): A person's reputation, if based on verifiable actions or behaviors, can also be considered a fact.

Additional Information

• Facts vs. Opinions: It's important to differentiate between facts and opinions. Facts are objective and verifiable, while opinions are subjective beliefs or interpretations.
• Verifiability: For something to be considered a fact, it must be verifiable through evidence or reliable sources.
• Types of Facts: There are various types of facts including scientific facts, historical facts, and social facts, all of which can be proven by evidence.
• Role of Facts in Knowledge: Facts play a crucial role in building knowledge and understanding the world, as they provide a reliable foundation for further inquiry and discussion.

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. 

The correct answer is Option 4: All above (A), (B) and (C).

Key Points

• The word "fact" encompasses different types of information, including spoken words, observations, and reputations.
• Facts are pieces of information that are generally accepted as true and can be verified.
• They include objective realities or truths that can be proven by evidence.
• In this context, all the given options (spoken words, observations, and reputations) can be considered types of facts.

Important Points

• Someone spoke some word (Option 1): A fact can be a statement someone has made if it can be verified as true.
• Someone heard or saw something (Option 2): Facts can be based on direct observations or experiences.
• A person has some reputation (Option 3): A person's reputation, if based on verifiable actions or behaviors, can also be considered a fact.

Additional Information

• Facts vs. Opinions: It's important to differentiate between facts and opinions. Facts are objective and verifiable, while opinions are subjective beliefs or interpretations.
• Verifiability: For something to be considered a fact, it must be verifiable through evidence or reliable sources.
• Types of Facts: There are various types of facts including scientific facts, historical facts, and social facts, all of which can be proven by evidence.
• Role of Facts in Knowledge: Facts play a crucial role in building knowledge and understanding the world, as they provide a reliable foundation for further inquiry and discussion.

The correct answer is In both (A) and (B).

Key Points

• A dying declaration is a statement made by a person who believes they are about to die, regarding the cause or circumstances of their impending death.
• Section 32(1) of the Indian Evidence Act allows such declarations to be admissible in evidence even though they are hearsay.
• These declarations are considered reliable as they are made in extremis, under a sense of impending death, which is presumed to remove any motive to lie.
• Such declarations can be admitted in both civil and criminal proceedings as per Indian law.

Important Points

• Section 32 of the Indian Evidence Act deals with cases in which statements of relevant facts by persons who are dead or cannot be found, etc., are relevant.
• Section 32(1) specifically pertains to statements made by a person as to the cause of his death, or as to any of the circumstances which resulted in his death.
• The logic behind admitting such statements is that a person on their deathbed is unlikely to lie.
• This provision plays a crucial role in cases where the victim is the only eyewitness to the crime.

Additional Information

•  In civil proceedings: Dying declarations can be relevant in civil cases, such as in matters of wills or property disputes, where the cause or circumstances of the deceased's death might be pertinent.
• In criminal proceedings: They are most commonly used in criminal cases, particularly in cases of homicide or assault leading to death, where the deceased's statement might provide crucial evidence regarding the crime.

The correct answer is An accomplice or partner in crime

Key Points

• An accomplice is someone who actively participates in the commission of a crime.
• They can be someone who aids, abets, or encourages the primary offender.
• In Indian evidence law, an accomplice is considered a competent witness but their testimony must be corroborated by independent evidence.
• An accomplice's testimony is often seen with suspicion unless it is backed by other reliable evidence.

Additional Information

• Crime watcher: A person who observes a crime but does not participate in it.
• Resident at crime scene: A person who happens to live at or near the location of the crime. They are not necessarily involved in the crime.
• Not reporting the crime to the police despite being aware of it: This is generally considered a moral or civic failure but not necessarily a legal offense unless specific laws apply.

The correct answer is OPTION 1.

Key Points

• Section 126 of the Indian Evidence Act, 1872, provides for the Professional communications.
• It states that –– No barrister, attorney, pleader or vakil, shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment:
  Provided that nothing in this section shall protect from disclosure ––
  (1) any such communication made in furtherance of any illegal purpose,
  (2) any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment. It is immaterial whether the attention of such barrister, pleader, attorney or vakil was or was not directed to such fact by or on behalf of his client.
  Explanation. –– The obligation stated in this section continues after the employment has ceased. 
• Section 124 of the Indian Evidence Act, 1872, provides for the Official communications.
• It states that ––No public officer shall be compelled to disclose communications made to him in official confidence, when he considers that the public interests would suffer by the disclosure.  

The correct answer is OPTION 2.

Key Points

• Salus Populi Suprema Lex: This maxim means that the welfare of the people is the supreme law.
• Section 123 of the Indian Evidence Act, 1872, provides for the Evidence as to affairs of State.
• It states that ––No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit.

The correct answer is At the time of cross-examination.

Key Points

• Indicative questions are typically asked during the cross-examination stage of a judicial process.
• Cross-examination is a stage where the opposing counsel questions a witness to test the credibility and truthfulness of their testimony.
• The purpose of cross-examination is to challenge the evidence presented and to clarify any ambiguities.
• During cross-examination, indicative questions are used to lead the witness towards a particular answer or to highlight inconsistencies.

Important Points

• Re-examination is conducted after cross-examination, where the counsel who called the witness asks further questions to clarify any points raised during cross-examination.
• Inspection refers to the examination of documents or physical evidence in the judicial process, not typically involving indicative questioning.

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. 

The correct answer is OPTION 3.

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. 

The correct answer is OPTION 3.

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. 

The correct answer is OPTION 1.

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.