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

The correct answer is Document other than a public document

Key Points

• Private Document is defined implicitly under Section 75 of the Indian Evidence Act, 1872.
• It states:
• All documents other than public documents are private documents.
  • So, if a document is not declared public under Section 74, it is considered private.
  • Examples include: contracts, wills, rent agreements, personal letters, etc.

Additional Information

• Document executed in a family – May or may not be private; not a defining criterion.
• Secret document – Irrelevant term in Evidence Act; secrecy isn’t a basis for classification.
• Document in custody of private person – Custody does not define whether a document is public or private.

The correct answer is Circumstantial Evidence

Key Points

• Circumstantial Evidence refers to evidence that indirectly proves a fact through inference rather than direct observation.
• The Indian Evidence Act, 1872 does not expressly use the term "circumstantial evidence" anywhere.
• However, it recognizes and allows such evidence under provisions related to relevancy of facts (e.g., Sections 6–11, 14, etc.), especially through the doctrine of presumption and res gestae.
• Courts routinely accept circumstantial evidence, but the term itself is not explicitly mentioned in the Act.

Additional Information

• Oral Evidence – Mentioned in Section 60 (must be direct).
• Documentary Evidence – Covered under Sections 61–73.
• Secondary Evidence – Defined in Section 63, admissible under Section 65.

The correct answer is Section - 06

Key Points

• The principle of “Res Gestae” is embodied in Section 6 of the Indian Evidence Act.
• Res Gestae means “things done” and refers to facts which form part of the same transaction.
• Under Section 6:
  • “Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant...”
• This includes spontaneous statements or actions occurring contemporaneously with the main event, which help to explain the incident.

Additional Information

• Section 60 – Deals with oral evidence; it must be direct.
• Section 25 – Confession to a police officer is inadmissible.
• Section 24 – Deals with confession caused by inducement, threat, or promise.

The correct answer is Secondary Evidence - 62 of the Evidence Act

Key Points

• Section 62 of the Indian Evidence Act, 1872:
• Refers to Primary Evidence, not secondary.
• Primary evidence means the original document itself produced in court.
• Secondary Evidence is actually defined under Section 63:
  • It includes certified copies, photostats, oral accounts of contents, etc.
  • Used when original (primary) evidence is lost, destroyed, or otherwise unavailable.
  • So, the match "Secondary Evidence – Section 62" is incorrect as it confuses primary and secondary evidence.

Additional Information

• Opinions of Experts – Section 45 – Deals with the admissibility of expert opinions in matters like science, handwriting, and foreign law.
• Leading Question – Section 141 – Defines what constitutes a leading question during examination of witnesses.
• Number of Witnesses – Section 134 – States that no particular number of witnesses is required to prove any fact.

The correct answer is 05 years old

Key Points

• Under Section 90A of the Indian Evidence Act, 1872 (inserted by the Information Technology Act, 2000):
  • "Where any electronic record purporting or proved to be five years old is produced from proper custody, the Court may presume that the digital signature affixed to such record was affixed by the person by whom it purports to have been affixed."
• This is similar to the presumption under Section 90 for physical documents (30 years).
• For electronic records, the age required is 5 years.
• The presumption is discretionary (i.e., the Court may presume), not mandatory.

Additional Information

• 30 years old – Applies to physical documents, not electronic ones.
• 3 years old – Too recent for presumption under Section 90A.
• 6 years old – No specific provision exists for 6 years; 5 years is the threshold.

The correct option is When matter in question is sufficiently proved.

Key Points

• Section 141 of the Indian Evidence Act of 1872 deals with the concept of leading questions.
• A leading question is one which suggests the answer or puts words in the mouth of a witness. 
• It is a question that prompts or encourages a witness to give a particular answer. 
• Under the Indian Evidence Act, a leading question is defined in Section 142.
  • “Leading questions are those that suggest to the witness the answer that the person posing the question desires. Leading questions are generally prohibited, but they are allowed in the cross-examination of a witness and in the examination of a witness who is declared hostile.” 
• Leading questions are questions that guide or prompt the witness to answer in a specific way, often suggesting the desired answer. 
• While they are generally not allowed during the examination-in-chief (the initial questioning of a witness by the party who called the witness), they are permitted in certain circumstances, such as during cross-examination or when a witness is declared hostile by the party who called them. 
• If the matter in question has been sufficiently proved, the court may grant permission for leading questions during examination-in-chief.
• Under the Indian Evidence Act, Section 143 specifies the essentials for asking leading questions.
  • “Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief or in re-examination, except with the permission of the Court.”

The correct answer is option 3Key Points

•  A dying declaration is a statement made by a person who is in a condition of anticipation of death, and it relates to the cause of their death or the circumstances leading to their death.
• Section 32(1) of the Indian Evidence Act, 1872, addresses the admissibility of dying declarations.
• Section 32 of Indian Evidence Act 1872 deal with cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant.
• It says statements, written or verbal, of relevant facts made by a person
  • Who is dead, or
  • Who cannot be found, or
  • Who has become incapable of giving evidence, or
  • Whose attendance cannot be procured without an amount of delay

The correct option is  Section 154.

Key Points

• Section 154 of the Indian Evidence Act of 1872, allows for the impeachment of a witness by proof of prior inconsistent statements made by that witness.
• In this case, since the victim is denying the prosecution's case, the Public Prosecutor may seek to impeach the victim's testimony by introducing evidence of any prior statements made by the victim that contradict their current testimony.
• This provision enables the Public Prosecutor to ask leading questions to the victim to establish the contradiction between their current testimony and their previous statements.
• Section 154: Question by party to his own witness.
  1. The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.
  2. Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on any part of the evidence of such witness.

The correct answer is Option 1

Key Points

•  Section 110 of the Evidence Act incorporates the principle that Possession is a prima facie proof of ownership.
• It is to be noted that this principle does not apply when possession is obtained by fraud or force
• According to this section when a person is shown to be in possession of any property, the presumption is that he is the owner of that property.
• If anybody denies his ownership, burden lies on him to prove that he is not the owner of the property.
• Example: A is in possession of a cycle. В claims the cycle as his, В has to prove that he purchased it and burden lies on B.

The correct answer is option 2.Key Points

• Section 118 of Indian Evidence Act deals with who may testify.
• All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.
• Explanation. –– A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them. 

The correct answer is Affidavit.

Key Points

• An affidavit is a written statement confirmed by oath or affirmation, for use as evidence in court.
• It must be signed before an authorized person, such as an oath commissioner or a notary public.
• Affidavits are used in various legal proceedings, including civil and criminal cases, to present facts that the affiant swears to be true.
• They are often required for legal processes like property disputes, name changes, or in support of motions and petitions.

Additional Information

• Notary Public
  • A notary public is an official authorized to perform acts in legal affairs, particularly witnessing signatures on documents.
  • They ensure the authenticity of the signing parties and help prevent fraud.
  • Notaries also administer oaths and affirmations, certify copies of documents, and provide acknowledgments.
• Oath Commissioner
  • An oath commissioner is appointed to administer oaths and affirmations and to certify affidavits.
  • They play a crucial role in ensuring that the contents of the affidavits are true to the best knowledge of the affiant.
• Legal Uses of Affidavits
  • Affidavits are used in court cases as evidence to support claims or defenses.
  • They may be required in various legal transactions, such as real estate deals, to verify identity, residency, or ownership.
  • In family law, affidavits can be used in matters like child custody, divorce, and adoption proceedings.
• Types of Affidavits
  • Common types include affidavits of support, affidavits of residence, and financial affidavits.
  • Each type serves a specific purpose and must comply with the relevant legal standards and requirements.

The correct answer is Option 1

Key Points

•  The constitutional validity of S. 27 of the Art. was challenged in State of U.P. v. Deoman Upadhyaya.
•  It was argued that the said section was ultra vires the Constitution, in as much as it was violative of Article 14 of the Constitution, on the ground that it discriminated between persons in police custody and those not in such custody.
• The SC held that section 27 is an exception of Section 25 and 26 and also it doesn’t violate article 14 of the constitution as article 14 validates a reasonable classification and classification under section 25 and 26.

Additional Information

• Section 27 of the act said that if accused confess anything and it comes to the category of confession, and by this confession, any new facts discovered then that fact can be presumed to be true and not to have been extracted. It mainly comes into action when-
• Section 25 -The confession is made in front of the police. 
•  Section 26 -The confession is made in police custody.
• Section 27 is based on the doctrine of confirmation by subsequent events, since every part of the statement, made at the instance of the accused in police custody, must be confirmed by an event of discovery, later on, to be admissible at trial
• In the case of State of Bombay v. Kathi Kalu Oghad, the Supreme Court held that section 27 doesn’t violate Article 20(3)

The correct answer is option 1.Key Points

• Section 73 of Indian Evidence Act 1872 deals with Comparison of signature, writing or seal with others admitted or proved.
• In order to ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing, or seal has not been produced or proved for any other purpose.
• The Court may direct any person present in Court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person.
• This section applies also, with any necessary modifications, to finger-impressions.

The correct answer is option 2.Key Points

• Section 53A of Indian Evidence Act 1872 deals with 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 (45 of 1860) 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.
• Section 53 was inserted by Act 13 of 2013, s. 25 (w.e.f. 3-2-2013).

The correct answer is option 2Key Points

• Section 101 of the Indian Evidence Act, 1872, establishes the principle of burden of proof in legal proceedings.
• It states that whoever asserts a legal right or liability based on certain facts must prove the existence of those facts.
• This means that the burden of proving the existence of a fact lies on the party who asserts it.
• Additionally, the section emphasizes that the burden of proof never shifts from the party who initially bears it, regardless of the stage of the legal proceedings. In essence, it is the responsibility of the party making a claim to provide evidence to support that claim throughout the proceedings.