Question Practice series on Indian Evidence Act | Part 2

Q1. Evidence means and include:

1. ocular evidence only
2. documentary evidence only
3. ocular and documentary evidence both
4. ocular evidence based on documents only

Explanation:- 3

• Document’ is defined in Section 3 of the Indian Evidence Act. Documentary evidence refers to any matter described or expressed upon any substance by means of letters, figures or marks or by more than one means which can be used for recording the matter.
• Such evidence is produced in the form of a document in order to prove a disputed fact.

Q2. Circumstantial evidence is-

1. Direct evidence
2. Indirect evidence
3. Neither of (a) and (b)
4. Material evidence

Explanation:- 2

• Fact in issue can be proved through direct evidence or circumstantial evidence. B is murdered and his body had 2 bullets. His body had no injury marks. So here circumstantial evidence can be that B was directly shot and no fight took place. B’s house had all things in it’s place. So here circumstantial evidence can be this was murder done without any robbery or extortion.
• Circumstantial or indirect evidence refers to evidence which proves the facts in issue by providing other facts, that is, indirect facts and then proving their relevance. A satisfactory conclusion can be drawn from such evidence by relating a series of other facts to the facts in issue.

Q3. Circumstantial evidence must satisfy the following test:

1. the circumstances from which an inference of guilt is to be drawn must be cogently and firmly established
2. those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused
3. the circumstances taken collectively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused
4. all of the above

Explanation:- 4

Q4. In which decision the five golden principle (panchasheel) about the circumstantial evidence has been laid down?

1. Sharad Birdhichand Sarda v. State of Maharashtra, AIR 1984 SC 1622
2. Rao Shiv Bahadur Singh v. State of V.P., AIR 1954SC 322
3. State of U.P. v. M.K, Anthony, AIR 1985 SC 48
4. Shankari Prasad v. Union of India, AIR 1951 SC 455

Explanation:- 1
Q5. An evidence sought through unfair means is:-

1. Not admissible
2. Admissible, if relevant
3. Admissible only at the discretion of Court
4. Not valid

Explanation:- 2
Q6. What is oral evidence?

1. Statements made before court
2. Direct evidence
3. Deposition before court, only after police had re-corded the statement
4. None of the above

Explanation:- 1

• Any fact can be proved through oral or documentary evidence. Section 59 and 60 deals with oral evidence and defined in Section 3. Statements made by witnesses in court are oral evidence. Signs are also included in oral evidence.

Q7. Under Indian Evidence Act, the evidence given by dog squad is:

1. Not admissible
2. Not admissible because dependent on the can inference
3. Dogs cannot give evidence on oath
4. Admissible

Explanation:- 4
Q8. Proof is the result of

1. Inquiry
2. Evidence
3. Investigation
4. Statement

Explanation:- 2
Q9. A fact is said to be proved

1. if its is admitted
2. if it is incorporated in a document
3. if it is not denied
4. if its existence is so probable that a prudent man would accept it as existing

Explanation:- 4

• Court considers a fact proved when court will believe that this fact exists and court believes that the fact exists which a prudent person or a sensible person also believes that it’s true.

Q10. Section 4 of the Indian Evidence Act deals with expression-

1. May presume
2. Shall presume
3. Conclusive proof
4. All the above

Explanation:- 4
Q11. Whenever it is directed by the Indian Evidence Act, that the court shall presume a fact, it shall regard such fact as:-

1. proved, unless and until it is disproved
2. proved, unless and until it is disproved or may call for proof of it
3. proved
4. proved and shall not allow evidence to be given for the purpose of disproving it

Explanation:- 1
Q12. What is ‘Shall Presume’ in regard to a fact?

1. Final proof
2. Court may presume that the fact is proved
3. Court shall presume the fact as proved unless it is disproved
4. None of the above

Explanation:- 3
Q14. “Presumption of fact” under the Indian Evidence Act, 1872

1. is based on logic, human experience and natural events and law of nature
2. is based on provisions of law
3. cannot be ignored by the court
4. is of certain and uniform position

Explanation:- 1
Q15. Which one of the following sections of the Indian Evidence Act, 1872, provides that evidence may be given of facts in issue and relevant facts?

1. Section 3
2. Section 4
3. Section 5
4. Section 60

Explanation:- 3
Q16. Under the law of evidence, the relevant fact

1. must be logically relevant
2. must be legally relevant
3. must be legally and logically relevant
4. must be legally and logically relevant and admissible

Explanation:- 2
Q17. Under Indian Evidence Act evidence may be given in respect of :

1. Fact in issue only
2. Relevant fact only
3. Fact in issue & relevant fact
4. None of these

Explanation:- 3
Q18. Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant under which Section of the Indian Evidence Act?

1. Section 8
2. Section 5
3. Section 6
4. Section 7

Explanation:- 3
Q19. Under which one of the following sections of the Indian Evidence Act, the doctrine of ‘Res gestae‘ has been dealt with

1. Section 5
2. Section 7
3. Section 6
4. None of the above

Explanation:- 3
Q20. “Res Gestae’ literally means:

1. Things done
2. Things spoken
3. Same transaction
4. Thing then

Explanation:- 3
Q21. The term res gestae is equivalent to facts mentioned in Section 6 of Evidence Act. It implies:

1. Things done in the course of a transaction
2. Fact in issue and surrounding circumstances
3. Acts talking for themselves
4. All of the above

Explanation:- 4
Q22. The case of Sawal Das v. State of Bihar is related to-

1. Plea of Alibi
2. Rule of Res-gestae
3. Rule of Estoppel
4. Rule of Res-judicata

Explanation:- 2

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