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Question Practice series on Indian Evidence Act | Part 5

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Q1. The principle on which a dying declaration is admissible under the Indian Evidence Act, 1872 is indicated in the legal maxim.

  1. Actori incumbit onus probaandi
  2. Nemo moriturus proesunitur mentiri
  3. Dormiunt leges aliquado, munquam moriuntur
  4. Fateur facinus qui judicium fugit

Explanation: 2

  •  Nemo moriturus praesumitur mentire – No one at the point of death is presumed to lie.” “A man will not meet his Maker with a lie in his mouth” – Is the philosophy in law underlying admittance in evidence of dying declaration. “A dying declaration made by person on the verge of his death has a special sanctity as at that solemn moment, a person is most unlikely to make any untrue statement. The shadow of impending death is by itself the guarantee of the truth of the statement made by the deceased regarding the causes or circumstances leading to his death. A dying declaration, therefore, enjoys almost a sacrosanct status, as a piece of evidence, coming as it does from the mouth of the deceased victim

Q2. A dying declaration under section 32 of the Indian Evidence Act is admissible in evidence :

  1. Only when it is reduced in writing
  2. Even when it is made to a police officer.
  3. Only when it is made to a judicial Magistrate.
  4. Only when it is made to a Executive Magistrate.

Explanation: 2

  •  If there is no time to call the magistrate keeping in the mind the deteriorated condition of the declarant, the statement can be recorded by the doctor or by a police officer. But one condition must be coupled with it that while recording the statement there shall one or two-person present there as a witness otherwise the Court may find the statement to be suspicious.

Q3. For the admissibility of a dying declaration, it is not necessary that:

  1. relates to cause of death
  2. the person making the statement must be under expectation of death
  3. the person making the statement must be competent
  4. the statement must be complete

Explanation: 2

Q4. A woman is raped and makes statement that A raped her. Two days later she commits suicide. Her statement regarding rape is

  1. admissible as dying declaration
  2. not admissible as dying declaration
  3. admissible as dying declaration only if there is some evidence directly connecting her death with the incident of rape
  4. None of the above

Explanation: 3

  • Dying Declaration is a statement made by the person while he was dying and states the reason for his death. The statement given by the dying person can be circumstantial or tells the cause for his death. Hence, the only statement given just before the death of a person is called Dying Declaration. The person who is conscious of Compos Mentis and knows that death is about to happen can make a declaration and state the cause of his death and that statement will be Admissible and treated as Evidence in the Court.

Q5. ‘A’ an injured person went to police station himself and lodged the First Information Report(F.I.R.) at the police station. Thereafter ‘A’ died due to injuries recorded in the first information report. Which is dying declaration under these facts and circumstances?

  1. Depend on the discretion of the court.
  2. First information report is admissible in evidence only when it is being corroborated by other evidence.
  3. First information report is itself a dying declaration.
  4. First information report can never be a dying declaration.

Explanation: 3

  • In the case of Munnu Raja and another v. State of M.P, the Supreme Court Of India observed that statement made by injured person recorded as FIR can be deemed as dying declaration and such declaration is admissible under Section 32 of Indian Evidence Act. It was also observed by the court that dying declaration must not shows the whole incident or narrate the case history.

Q6. About six months before he was murdered the deceased wrote a letter to S.P., Jabalpur asking for protection and stating that he apprehended injury from“ A and was in fear of his life. The letter is admissible under Section-

  1. 5
  2. 6
  3. 8
  4. 32

Explanation: 4

Q7. Which of the following will be an inadmissible dying declaration?

  1. Oral dying declaration
  2. Dying declaration recorded on the basis of nods and gestures
  3. Dying declaration by signs and gestures
  4. None above

Explanation: 4

Q8. ‘X” sues “Y’ for Rs. 1 Lakh and relies on entries in his account books showing “Y’ to be indebted to him in this amount. To prove the debt

  1. the mere entries are sufficient.
  2. the entries are not admissible and independent evidence has to be adduced.
  3. the entries are relevant but are not alone sufficient to establish the liability of ‘Y
  4. the entries cannot be relied upon

Explanation: 3

  • Entries in books of account including those maintained in an electronic form when relevant.—Entries in books of accounts including those maintained in an electronic form, regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability.
  • Illustration A sues B for Rs. 1,000, and shows entries in his account-books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt.

Q9. Which Section of the Indian Evidence Act deal with the proof of customary practices ?

  1. Sections 34, 46 and 47
  2. Sections 33, 45 and 48
  3. Sections 35. 47 and 49
  4. Sections 35, 48 and 49

Explanation: 4

Q10. The principle of ‘res judicata’ is provided in which of the following section of the Indian Evidence Act?

  1. Section 140
  2. Section 40
  3. Section 160
  4. Section 164

Explanation: 2

  • Previous judgments relevant to bar a second suit or trial.—The existence of any judgment, order or decree which by law prevents any Courts from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether such Court ought to take cognizance of such suit, or to hold such trial.

Q11. ‘A’ prosecutes B’ for stealing a cow from him. “B’ is convicted. ‘A’ afterwards sues “C’ for the cow which B had sold to him before his conviction. The judgment against B is:

  1. Relevant as between A & C
  2. Irrelevant as between A & C
  3. Is without jurisdiction
  4. Is conclusive proof against C

Explanation: 2

  • Judgments, etc., other than those mentioned in sections 40 to 42, when relevant.—Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree, is a fact in issue, or is relevant under some other provisions of this Act.

Q12. Evidence Act- “Judgment of a Civil Court is binding on the Criminal Court under all circumstances”. This statement is

  1. True
  2. False
  3. Partly true
  4. None of the above

Explanation: 2

Q13. Under which section of the Indian Evidence Act, the expert opinion is relevant?

  1. Section 44
  2. Section 45
  3. Section 46
  4. Section 41

Explanation: 2

  • The provisions that deal with expert opinion are Sections 45 to 51 and Section 73 of the Indian Evidence Act, 1872.
  • Section 45 provides that the opinions of third persons are relevant if such third person is an expert who is consulted by the Court on a point of such expertise. Section 45A, which was inserted by the Information Technology (Amendment) Act, 2008, regards an Examiner of Electronic Evidence as an expert and makes his opinion relevant. Section 46 makes such facts relevant which either support or reject the opinion of the expert.
  • Sections 47 and 47A pertain to opinions regarding the handwriting or signature and electronic signature of a person.

Q14. An Expert under Evidence Act is a person

  1. who speaks fluent English
  2. expert in detecting lies
  3. having requisite skills on a matter upon which he is giving opinion
  4. none of the above

Explanation: 3

Q15. Even a”student“ may be treated as an expert un-der Section 45 of the Indian Evidence Act, 1872. It was laid down by the Supreme Court in

  1. Ghoginbhai Hirbhai v. State of Gujarat (1983)
  2. Sankaria v. State of Rajasthan (1978)
  3. Kanpur University v. Samir Gupta Ors (1983)
  4. Punjab Singh v. State of Haryana (1984)

Explanation: 3

Q16. The report of a Medical Officer stating the injuries of the victim is:

  1. Conclusive in nature
  2. Relevant and admissible in evidence
  3. Irrelevant
  4. Substantive piece of evidence

Explanation: 2

Q17. The opinion of expert may be obtained under section 45 of the Evidence Act in relation to :

  1. Science, Art, Law, Finger impression and handwriting/signature
  2. Science including medical matters, Art, Law, Finger impression and handwriting.
  3. Science including medical matters, Art, Law, Finger impression, handwriting and signatures
  4. Science, Art, Foreign Law, Finger impression and handwriting/signature

Explanation: 4

Q18. When the Court has to form an opinion as to the electronic signature of any person, the opinion of the certifying authority which has issued the electronic signature certificate is:

  1. Fact in issue
  2. Relevant fact
  3. Proved fact
  4. None of the above

Explanation: 2

  • 47A Opinion as to electronic signature when relevant .—When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the Electronic Signature Certificate is a relevant fact.

Q19. B’, C’ and ‘D’ never saw ‘A’ writing. But they give their opinion about the handwriting of “A’. The opinion of which one is relevant?

  1. of B’, because B’ is a merchant in Delhi. ‘A’ has written many letters addressed to B‘
  2. of ‘C’ because is a clerk of ‘A’ ‘C’s duty was to examine and file A’s correspondence
  3. of D’ because ‘D’ is B’s broker to whom B habitually submitted the letters purporting to B written by ‘A’ for the purpose of his advice
  4. of all the above

Explanation: 4

Q20. The ‘relationship’ in Section 50 of the Evidence Act means:

  1. relationship by blood only
  2. relationship by blood or marriage
  3. relationship by blood or marriage or adoption
  4. none of the above

Explanation: 3

  • Section 50 of the Indian Evidence Act provides when the opinions as to relationship are considered as valid. When there is a doubt regarding the existence of a relationship between the two persons, the Court can ask opinions from family members or any persons who have special knowledge about the fact. The question is, whether A and B were married. The fact that they were usually received and treated by their friends as husband and wife, is relevant.

Q21. In criminal cases, under which Section of the Indian Evidence Act, the previous good character of the accused is relevant?

  1. Section 54
  2. Section 52
  3. Section 51
  4. Section 53

Explanation: 4

  • Unlike civil cases where the character is irrelevant, in criminal cases it is relevant. Section 53 of The Indian Evidence Act provides that in criminal cases, the good character of the accused person is relevant. The reason behind this is the basic human psychology that a person of good character will not generally resort to a criminal act. If goodness is proved it helps in a presumption of non-commission of the offence by that individual.

Q22. Which one of the following section of the Evidence Act provides that previous bad character of the accused is not relevant in criminal proceedings?

  1. Section 54
  2. Section 53
  3. Section 52
  4. Section 59

Explanation: 1

  • According to Section 54 of the Indian Evidence Act, evidence pertaining to the fact that the accused has a bad character is not relevant in criminal cases. In other words, the prosecution cannot present evidence of the accused’s bad character as a part of the main case. In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant.

Q23. Which provision of Indian Evidence Act stipulates that the fact of a woman being habituated to sexual intercourse will not be relevant on the issue of consent in a prosecution for rape or outraging the modesty of the said woman?

  1. Section 50
  2. Section 53-A
  3. Section 54
  4. Section 51

Explanation: 2

  • Evidence of character or previous sexual experience not relevant in certain cases. — In a prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E of the Indian Penal Code or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person’s previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.

Q24. Relevancy and admissibility under the Indian Evidence Act, 1872 are

  1. Synonymous
  2. co-extensive
  3. neither synonymous nor co-extensive
  4. synonymous and co-extensive both

Explanation: 3

Q24. The question between ‘A’ and B’ is, whether a certain deed is or is not forged. ‘A’ affirms that it is genuine,”B’ that it is forged

  1. ‘A’ may prove a statement by B’ that the deed is genuine, and B’ may prove a statement by ‘A’ that the deed is forged
  2. ‘A’ may prove a statement by ‘B’ that the deed is B’forged, and B’ may prove a statement by ‘A’ that the deed is genuine
  3. “A‘ may prove a statement by himself that the deed is genuine
  4. B’ may prove a statement by himself that the deed is forged

Explanation: 1

  • Section 21 – The question between A and B is, whether a certain deed is or is not forged, A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged.

Q25. In the trial of murder of ‘B’ by ‘A’, which fact is not relevant in the following?

  1. ‘A’° was absconding immediately after the murder of B‘
  2. ‘A’ and B’ were seen together before murder
  3. ‘A’ borrowed rupees ten thousand from B‘
  4. On that day ‘A’ was in Bangalore while the murder happened in Indore

Explanation: 3

Q26. A is tried for the murder of B by poison. The fact that before the death of B, A procured poison similar to that which was administered to B is:

  1. Not-relevant
  2. Relevant
  3. Partly relevant
  4. Neither relevant nor irrelevant

Explanation: 2

Q27. Tape-recorded conversation is admissible in evidence if

  1. conversation is very important
  2. conversation can save the culprit
  3. conversation is relevant to the matters in issue but the voice is unidentified
  4. conversation is relevant to the matters in issue and the voice is identified

Explanation: 4

 

 

 

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