MCQ on the Indian Evidence Act 1872

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31. In criminal cases under Section 54, Indian Evidence Act to prove that the defendant committed the crime charged, evidence may not be given that he:
A. bore a bad reputation in the community
B. has a disposition to commit crime of that kind
C. had no other occasions committed particular acts of the same class evincing such disposition
D. all of them

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32. In which of the following cases did the court held that a party who produces witnesses in court produces them as witnesses of truth; and simply because portions of their statements are not favourable to the party producing them, they cannot be condemned as biased witnesses?
A. Gyasuddin Khan v. State of Bihar, AIR 2004 SC 201, para 12 : 2004 CrLJ 395
B. Lekhraj v. State of Gujarat, AIR 1998 SC 242 : 1998 CrLJ 396.
C. Gulabchand Ganbhiramal v. Kudilal Govindram, AIR 1959 MP 151 : 1961 CrLJ 55
(FB).
D. Siddiqua v. Narcotics Control Bureau, 2007 CrLJ 1471, 1480 (para 17) (Del).
Ans. C
33. In which of the following proceeding of domestic tribunals and
departmental enquiries, the Indian Evidence Act is not applicable?
A. officers conducting departmental inquiries
B. departmental proceedings
C. disciplinary proceedings tribunal
D. all of them

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34. Proviso 1 to Section 33, Indian Evidence Act, not only covers cases of privity in estate and succession of title, but also cases where which of the following condition is met?
A. the interest of the relevant party in the second proceeding is the subject matter of the first proceeding and is consistent with and not antagonistic to the interest therein of the relevant party to the first proceeding
B. the interest of both in the answer to be given to the particular question in issue in the first proceeding is identical
C. either (A) or (B)
D. both (A) and (B)

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35. Relevancy of facts forming part of same transaction is dealt under which of the following section of the Indian Evidence Act?
A. Section 4
B. Section 6
C. Section 10
D. Section 8

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36. Section 132 of the Indian Evidence Act does not apply to a statement
made by a person during an investigation under:
A. Section 159 Cr. P.C
B. Section 161 Cr. P.C
C. Section 163 Cr. P.C
D. Section 166 Cr. P.C

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37. Section 31, Indian Evidence Act declares:
A. that admissions are not conclusive proof of the matters admitted, but they may operate as estoppels
B. Unless admissions are contractual or unless they constitute estoppels they are not conclusive, but are open rebuttal or explanation.
C. either (A) or (B)
D. both (A) and (B)

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38. Section 65, Indian Evidence Act with which of the following situation under which secondary evidence can be given?
A. when the original is shown or appears to be in possession and power of the person against whom the document is sought to be proved
B. when it is in possession or power of any person who is out of reach, or not subject to the process of the Court
C. when it is in the possession of any person legally bound to produce it, but he fails to
produce it after the notice mentioned in Section 66, Indian Evidence Act is given to him
D. all of them

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39. The defence of alibi is best because:
A. if the accused was not there, when the deceased was murdered, he could not have murdered her
B. once the pleas of alibi is raised no other defence is open to the prosecution
C. it leaves room for no other defence for the accused
D. none of them

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40. An estate called “the Rampur Tea Estate” is sold by a deed which contains a map of the property sold. Applying Section 92, Indian Evidence Act: A. the fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed need not be proved
B. the fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed is irrelevant
C. the fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed cannot be proved
D. none of them

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