Under the Indian Evidence Act, “evidence” is defined in which section? a) Section 3 b) Section 5 c) Section 10 d) Section 25 Answer: a) Section 3
Which of the following is NOT considered as evidence under the Act? a) Oral testimony b) Documentary evidence c) Judicial decisions from foreign courts d) Expert opinion when allowed Answer: c) Judicial decisions from foreign courts
The term “fact” as used in the Evidence Act is defined in: a) Section 3 b) Section 5 c) Section 8 d) Section 10 Answer: a) Section 3
Which section of the Evidence Act deals with “Relevancy of Facts”? a) Section 3 b) Section 5 c) Section 9 d) Section 11 Answer: b) Section 5
Which of the following statements is true regarding “facts in issue”? a) They are the facts from which any inferences may be drawn. b) They are the facts that a court is required to prove or disprove. c) They are facts that are irrelevant to the case. d) They consist only of documentary evidence. Answer: b) They are the facts that a court is required to prove or disprove.
Which section of the Act defines “admission”? a) Section 17 b) Section 18 c) Section 19 d) Section 20 Answer: a) Section 17
“Confession” as a term is defined in which section of the Evidence Act? a) Section 24 b) Section 25 c) Section 26 d) Section 27 Answer: a) Section 24
Which of the following is an essential feature of a valid confession? a) It must be made in the presence of a magistrate. b) It must be voluntary. c) It must be written only. d) It can be made under duress if recorded. Answer: b) It must be voluntary.
Which section lays down the rules for “admissions and confessions” in the Evidence Act? a) Sections 17 to 31 b) Sections 32 to 45 c) Sections 46 to 60 d) Sections 61 to 75 Answer: a) Sections 17 to 31
What does “documentary evidence” include according to the Act? a) Only printed documents b) Only handwritten documents c) Both electronic and printed documents, if admissible d) Only oral declarations recorded on audio Answer: c) Both electronic and printed documents, if admissible
11–20: Relevancy and Admissibility
Which of the following is a primary consideration for the admissibility of evidence? a) Its age b) Its relevance c) The gender of the witness d) The language in which it is presented Answer: b) Its relevance
Under the Act, facts that are not in issue are generally: a) Admissible if they are from a reliable source b) Inadmissible c) Admissible if corroborated d) Automatically presumed true Answer: b) Inadmissible
What is the “best evidence rule” primarily concerned with? a) Preference for oral evidence over documents b) The requirement of original documents to prove the content c) Accepting secondary evidence without conditions d) Allowing hearsay evidence Answer: b) The requirement of original documents to prove the content
Secondary evidence is admissible when: a) The original is available b) The original document is lost, destroyed, or not obtainable c) The secondary evidence is in digital form only d) It is signed by a witness Answer: b) The original document is lost, destroyed, or not obtainable
Which of the following statements is true regarding the exclusion of oral evidence? a) Oral evidence is always preferable to documentary evidence b) Oral evidence is excluded when a document exists that proves the same fact c) Oral evidence is never admissible d) Oral evidence is admissible only when a document is ambiguous Answer: b) Oral evidence is excluded when a document exists that proves the same fact
Hearsay evidence is generally: a) Always admissible b) Admissible if it is in the best interest of justice c) Inadmissible d) Admissible only in civil cases Answer: c) Inadmissible
Which section of the Evidence Act deals with the “Exclusion of oral evidence by documentary evidence”? a) Section 62 b) Section 61 c) Section 63 d) Section 64 Answer: a) Section 62
What is required for secondary evidence to be admitted? a) A reliable witness to testify about the original b) The court must be satisfied as to why the original is not available c) A confession of loss d) A notarized statement Answer: b) The court must be satisfied as to why the original is not available
Which of the following best describes “res gestae” under the Indian Evidence Act? a) A statement made during the course of events b) Evidence that is always inadmissible c) Documentary evidence only d) Evidence provided by expert witnesses Answer: a) A statement made during the course of events
The concept of “relevancy” in evidence requires that the evidence must be: a) Both material and important b) Directly connected to a fact in issue c) Related to the credibility of the witness d) Statutorily conclusive Answer: b) Directly connected to a fact in issue
21–30: Admissions, Confessions, and Witnesses
An “admission” under the Evidence Act is defined as: a) A statement made by the accused in court b) Any statement by a party that is adverse to his interest c) A confession made under duress d) An unsworn declaration Answer: b) Any statement by a party that is adverse to his interest
Which of the following is NOT a characteristic of a valid confession? a) It must be made voluntarily. b) It should be corroborated by independent evidence. c) It must be in writing if recorded by a magistrate. d) It may be used even if obtained under threat. Answer: d) It may be used even if obtained under threat.
A confession given to a police officer is: a) Always admissible b) Generally inadmissible unless corroborated by independent evidence c) More reliable than a confession to a magistrate d) Considered as a primary piece of evidence Answer: b) Generally inadmissible unless corroborated by independent evidence
Which section deals with the admissibility of confessions made to police officers? a) Section 24 b) Section 25 c) Section 26 d) Section 27 Answer: a) Section 24
The reliability of a confession may be undermined if it is shown that it was obtained: a) After a long period of detention b) In the presence of a magistrate c) Through coercion or inducement d) In a language understood by the accused Answer: c) Through coercion or inducement
Who among the following is considered an “expert witness” under the Evidence Act? a) A person giving testimony on the basis of personal knowledge b) A person qualified by training or experience in a relevant field c) Any party to the case d) A character witness Answer: b) A person qualified by training or experience in a relevant field
Which of the following is a privilege available to witnesses under the Evidence Act? a) Right to refuse to answer questions about their own past crimes b) Right to remain silent when testifying in criminal cases c) Right to refuse to answer questions that might incriminate a close relative d) None of the above Answer: c) Right to refuse to answer questions that might incriminate a close relative (Note: Although the Evidence Act itself may not detail every privilege, related statutes and rules protect certain confidences.)
The concept of “tendency” evidence relates to: a) Evidence that proves a fact directly b) Evidence that shows a predisposition to act in a certain manner c) Hearsay evidence d) Evidence offered solely for character assessment Answer: b) Evidence that shows a predisposition to act in a certain manner
A “witness” as defined in the Evidence Act is someone who: a) Has seen the document in question b) Observes or gives an account of a fact, whether firsthand or otherwise c) Provides expert opinion d) Only testifies under oath in court Answer: b) Observes or gives an account of a fact, whether firsthand or otherwise
Which of the following does NOT constitute a witness under the Evidence Act? a) A person who makes an unsworn statement in court b) A person who gives evidence orally c) A person whose written deposition is taken under oath d) A person whose record is submitted as documentary evidence Answer: d) A person whose record is submitted as documentary evidence (Documents are evidence but the document itself is not a “witness”.)
31–40: Documentary Evidence and Presumptions
Documentary evidence under the Act is governed primarily by which sections? a) Sections 61 to 65 b) Sections 62 to 69 c) Sections 70 to 75 d) Sections 80 to 85 Answer: b) Sections 62 to 69
Which of the following is NOT a type of document as per the Evidence Act? a) Public documents b) Private documents c) Electronic records d) Unpublished manuscripts written for personal use Answer: d) Unpublished manuscripts written for personal use (Such manuscripts may or may not fall under admissible categories depending on circumstances.)
The “best evidence rule” requires that to prove the contents of a document, one should produce: a) A copy of the document b) Oral testimony about the document c) The original document d) A certified translation of the document Answer: c) The original document
Secondary evidence is defined as: a) Evidence that is not as good as the best evidence b) A duplicate copy of the original document c) Evidence obtained from a third party d) Evidence provided after the main evidence Answer: a) Evidence that is not as good as the best evidence
Which condition is necessary for secondary evidence to be admitted? a) The original must be in the possession of the opposing party b) The court must be convinced that the original document is lost or unavailable c) The secondary evidence must be notarized d) There must be corroborative oral evidence Answer: b) The court must be convinced that the original document is lost or unavailable
A public document, for the purposes of the Evidence Act, is defined as one that is: a) Prepared by a private individual for personal use b) An official document made by a public officer c) A document published in a newspaper d) Any document that is accessible on the internet Answer: b) An official document made by a public officer
Under the Act, a document signed by an authorized official is considered: a) Always conclusive evidence b) Evidence that requires no further corroboration c) A public document d) An admission Answer: c) A public document
Which of the following is true about the presumption of genuineness of public documents? a) They are presumed to be genuine unless proven otherwise b) They require external expert evidence to establish authenticity c) They are never presumed genuine d) They are presumed to be genuine only if notarized Answer: a) They are presumed to be genuine unless proven otherwise
Which section of the Act lays down the rule regarding “presumptions as to documents”? a) Section 79 b) Section 80 c) Section 81 d) Section 82 Answer: b) Section 80
A document is said to be “executed” when: a) It is drafted and printed b) It is signed, sealed, and delivered by the party to whom it is binding c) It is merely circulated among parties d) It is notarized by any official Answer: b) It is signed, sealed, and delivered by the party to whom it is binding
41–50: Burden of Proof and Presumptions in Law
The “burden of proof” in a civil case lies primarily on: a) The defendant b) The complainant or plaintiff c) The judge d) The witness Answer: b) The complainant or plaintiff
In criminal cases, the burden of proof is on the prosecution to prove the accused’s: a) Guilt beyond a reasonable doubt b) Involvement in the crime c) Criminal record d) Presence at the crime scene Answer: a) Guilt beyond a reasonable doubt
“Proof” in a trial means: a) Evidence that supports a hypothesis b) Evidence that establishes the truth of a fact in issue c) Any statement given by a witness d) Only documentary evidence Answer: b) Evidence that establishes the truth of a fact in issue
Under the doctrine of “res ipsa loquitur” as applied in evidence law, the burden shifts to: a) The plaintiff b) The defendant c) The judge d) The expert witness Answer: b) The defendant
Which of the following best describes “presumptions” under the Evidence Act? a) Inferences that the court must draw in every case b) Conclusive evidence that cannot be rebutted c) Inferences that may be drawn from facts, subject to rebuttal d) Statements made by the accused Answer: c) Inferences that may be drawn from facts, subject to rebuttal
A “rebuttable presumption” means that: a) The presumption is conclusive and cannot be challenged b) Evidence to the contrary is not admissible c) The presumption may be challenged by evidence to the contrary d) The presumption only applies in civil cases Answer: c) The presumption may be challenged by evidence to the contrary
In cases of possession, the burden of proving ownership is on: a) The possessor b) The challenger c) The court d) Both parties equally Answer: b) The challenger
Which section of the Evidence Act deals with “presumptions regarding documents”? a) Section 79 b) Section 80 c) Section 81 d) Section 82 Answer: b) Section 80
When the facts are equally balanced between the parties, the Evidence Act implies a presumption in favor of: a) The party with better legal counsel b) The state c) The party who first introduced evidence d) The party that has the burden of proof Answer: d) The party that has the burden of proof (In criminal cases, this reinforces the presumption of innocence.)
The principle that “proof must be by evidence” implies that: a) Judicial decisions alone are sufficient to prove a fact b) Evidence must be presented to establish any fact in issue c) Oral evidence is always superior d) Presumptions can replace actual evidence Answer: b) Evidence must be presented to establish any fact in issue
51–60: Witnesses and Cross-Examination
A “competent witness” under the Evidence Act is one who: a) Has direct knowledge of the facts in issue b) Is an expert in a specific field c) Is willing to testify d) Has been sworn in by a magistrate Answer: a) Has direct knowledge of the facts in issue
Which of the following factors does NOT affect the competency of a witness? a) Age b) Mental capacity c) Personal bias d) The color of the witness’s attire Answer: d) The color of the witness’s attire
Under the Act, a witness may be cross-examined to test: a) The veracity of his entire life b) Only the facts he has directly observed c) The reliability and accuracy of his testimony d) His personal opinions on unrelated matters Answer: c) The reliability and accuracy of his testimony
The purpose of cross-examination is primarily to: a) Discredit the witness personally b) Elicit admissions by the witness c) Test the consistency and credibility of the testimony d) Change the subject of the examination Answer: c) Test the consistency and credibility of the testimony
Which of the following is NOT a permitted method of cross-examination? a) Leading questions b) Questions relating to the witness’s character in irrelevant aspects c) Questions testing the logical consistency of the testimony d) Questions regarding the conditions under which the witness observed the event Answer: b) Questions relating to the witness’s character in irrelevant aspects
The Evidence Act allows the court to draw inferences from: a) Inconsistent testimony b) Silent omissions where evidence is expected c) Only documentary evidence d) The absence of any witness Answer: b) Silent omissions where evidence is expected
When a witness refuses to answer a question during cross-examination, the court may: a) Hold the witness in contempt automatically b) Draw an adverse inference, subject to fairness c) Replace the witness d) End the cross-examination immediately Answer: b) Draw an adverse inference, subject to fairness
The court may exclude a witness’s testimony if it is: a) Irrelevant to the facts in issue b) Directly observed by the witness c) Consistent with documentary evidence d) Unanimously supported by both parties Answer: a) Irrelevant to the facts in issue
A witness’s credibility may be impeached by showing that: a) The witness was not cross-examined properly b) The witness has made prior inconsistent statements c) The witness was too detailed in his account d) The witness is sympathetic to one of the parties Answer: b) The witness has made prior inconsistent statements
The concept of “judicial notice” in relation to witness evidence means that: a) The judge can assume certain facts without formal proof b) The judge takes personal testimony as conclusive c) The judge disregards all oral evidence d) The witness is automatically deemed credible Answer: a) The judge can assume certain facts without formal proof
61–70: Expert Evidence and Specific Provisions
An expert’s opinion is admissible when the subject matter is: a) Beyond common knowledge b) Of general interest c) Known to every layperson d) Unrelated to technical fields Answer: a) Beyond common knowledge
Which of the following is necessary for a witness to be considered an expert? a) Formal education only b) Practical experience or specialized knowledge in the field c) Being appointed by the court d) Having worked for the government Answer: b) Practical experience or specialized knowledge in the field
Expert evidence may be rejected if it is found to be: a) Consistent with common knowledge b) Based on a scientifically unreliable method c) In support of one party only d) Delivered in simple language Answer: b) Based on a scientifically unreliable method
Under the Evidence Act, the court has the discretion to: a) Accept or reject any evidence irrespective of relevance b) Exclude evidence which may cause unfair prejudice c) Force a witness to testify against his will d) Disregard all expert opinions Answer: b) Exclude evidence which may cause unfair prejudice
Which of the following is NOT typically a ground for rejecting expert evidence? a) Lack of scientific basis b) Expert bias c) Expert’s failure to submit a resume d) Inadequate explanation of the methodology Answer: c) Expert’s failure to submit a resume
The admissibility of expert evidence is primarily governed by: a) The Indian Evidence Act only b) Both the Evidence Act and the court’s inherent powers c) The criminal procedure code d) The rules of civil procedure exclusively Answer: b) Both the Evidence Act and the court’s inherent powers
Expert evidence is usually given in the form of a: a) Written report and/or oral testimony b) Documentary submission only c) Hearsay statement d) Casual conversation recorded in court Answer: a) Written report and/or oral testimony
Which of the following best describes “exclusionary rules” in evidence? a) Rules that determine which evidence must be excluded b) Rules that require the inclusion of all evidence c) Rules that allow hearsay evidence in every instance d) Rules that are only applicable to expert evidence Answer: a) Rules that determine which evidence must be excluded
Under the doctrine of “inquisitorial system” as applied in evidence, the judge: a) Acts as a passive arbiter b) Actively investigates the facts of the case c) Only listens to oral evidence d) Does not have any power to exclude evidence Answer: b) Actively investigates the facts of the case (Note: While India follows an adversarial system, some aspects of inquisitorial practices are present in evidentiary discretion.)
A “disclosure” in the context of evidence refers to: a) The act of hiding evidence from the court b) The process of revealing evidence to the opposing party c) Evidence that is only orally given d) Evidence that is presumed without proof Answer: b) The process of revealing evidence to the opposing party
71–80: Special Provisions, Exclusions, and Judicial Discretion
Which section of the Evidence Act deals with the exclusion of evidence obtained through illegal means? a) Section 24 b) Section 25 c) Section 27 d) Although not explicitly mentioned, such evidence may be excluded under judicial discretion Answer: d) Although not explicitly mentioned, such evidence may be excluded under judicial discretion (The Act does not provide an explicit section; exclusion is often governed by principles of fairness and constitutional rights.)
The doctrine of “fruit of the poisonous tree” implies that evidence obtained indirectly from illegally obtained evidence is: a) Admissible if corroborated b) Excluded c) Admissible in civil cases only d) Subject to expert validation Answer: b) Excluded
Which of the following types of evidence may be excluded due to its prejudicial effect outweighing its probative value? a) Irrelevant documents b) Evidence that incites public hatred c) Oral evidence from a competent witness d) Expert reports Answer: b) Evidence that incites public hatred
Judicial discretion in admitting evidence means that the judge can: a) Rely solely on statutory rules without any interpretation b) Accept evidence based on the overall interests of justice c) Only admit documentary evidence d) Never deviate from the strict letter of the law Answer: b) Accept evidence based on the overall interests of justice
In a criminal trial, evidence that may arouse undue bias against the accused is: a) Automatically admissible b) Subject to exclusion if its prejudicial effect outweighs its probative value c) Always excluded d) Considered only in civil cases Answer: b) Subject to exclusion if its prejudicial effect outweighs its probative value
Which of the following is true regarding the exclusion of evidence? a) Evidence must always be admitted if it is relevant b) Evidence may be excluded if its probative value is substantially outweighed by the risk of unfair prejudice c) Only documentary evidence can be excluded d) Exclusion of evidence is at the discretion of the prosecuting attorney Answer: b) Evidence may be excluded if its probative value is substantially outweighed by the risk of unfair prejudice
The term “inadmissible evidence” means evidence that: a) Cannot be shown to the jury b) Is not allowed to be used in court due to legal rules or fairness c) Is only used in summary trials d) Comes exclusively from hearsay sources Answer: b) Is not allowed to be used in court due to legal rules or fairness
Which of the following is a common ground for the exclusion of evidence under the doctrine of fairness? a) Evidence that is repeated b) Evidence obtained in violation of constitutional rights c) Evidence from an expert witness d) Evidence provided in written form Answer: b) Evidence obtained in violation of constitutional rights
When determining the admissibility of evidence, the court will consider: a) Only the relevance of the evidence b) Both the relevance and the potential for unfair prejudice c) Only the source of the evidence d) The popularity of the evidence Answer: b) Both the relevance and the potential for unfair prejudice
In cases involving digital or electronic evidence, the court requires that the evidence be: a) Printed before being admitted b) Accompanied by a certification of authenticity c) Converted to oral evidence d) Translated into multiple languages Answer: b) Accompanied by a certification of authenticity
81–90: Advanced Aspects and Practical Applications
Which of the following is considered “primary evidence”? a) A photocopy of a contract when the original is available b) The original contract document c) Oral testimony regarding the contents of a contract d) A notarized copy of a contract Answer: b) The original contract document
The “chain of custody” in documentary evidence is important because it: a) Establishes the reliability and integrity of the document b) Confirms the document’s language c) Determines the document’s age d) Identifies the document’s author Answer: a) Establishes the reliability and integrity of the document
Which principle ensures that every fact must be proven by evidence rather than assumed? a) Res ipsa loquitur b) Nulla poena sine lege c) Nemo tenetur seipsum accusare d) Audi alteram partem Answer: a) Res ipsa loquitur (Note: While “res ipsa loquitur” literally means “the thing speaks for itself,” in evidentiary contexts it underscores the requirement for actual evidence; however, the concept of “proof” by evidence is a broader legal principle.) (Alternate acceptable answer: The principle “proof is by evidence” is inherent in the rules of evidence.)
When a document is produced by the opposing party, it is generally considered: a) Self-authenticating b) Admitted as evidence without challenge c) Subject to cross-examination on its authenticity d) Inadmissible unless notarized Answer: c) Subject to cross-examination on its authenticity
Which of the following best describes “hearsay” evidence? a) Evidence based on the personal knowledge of the witness b) A statement made out of court offered to prove the truth of the matter asserted c) Documentary evidence presented orally d) Expert testimony based on statistical data Answer: b) A statement made out of court offered to prove the truth of the matter asserted
The concept of “res gestae” is used to admit statements made in: a) A relaxed and informal setting b) The immediate circumstances of an event c) a completely unrelated conversation d) Historical records only Answer: b) The immediate circumstances of an event
Which of the following is a ground for the exclusion of expert evidence? a) It is supported by peer-reviewed literature b) It is based on speculation rather than factual data c) It is delivered in a clear manner d) It aligns with the testimony of the witness Answer: b) It is based on speculation rather than factual data
The admissibility of evidence that is relevant but obtained illegally is generally decided by: a) The prosecution b) Judicial discretion c) The testimony of an expert witness d) A legislative provision Answer: b) Judicial discretion
Which of the following statements is TRUE about the exclusionary rule in Indian law? a) It is an absolute rule that automatically excludes any illegally obtained evidence b) It is applied flexibly based on the nature of the violation and the interests of justice c) It only applies to documentary evidence d) It requires that all evidence obtained by the police be excluded Answer: b) It is applied flexibly based on the nature of the violation and the interests of justice
Which of the following does the term “material” in relation to evidence refer to? a) Evidence that has no bearing on the facts in issue b) Evidence that directly relates to or has a bearing on a fact in issue c) Evidence that is only circumstantial d) Evidence that is always documentary Answer: b) Evidence that directly relates to or has a bearing on a fact in issue
91–100: Mixed Applications and Recent Trends
Under the Indian Evidence Act, a statement is considered an “admission” when: a) It is made by any person b) It is made by a party to the proceedings and is against their interest c) It is made in casual conversation d) It is made after the conclusion of the trial Answer: b) It is made by a party to the proceedings and is against their interest
Which of the following scenarios is an example of “spontaneous statement” admissibility? a) A witness is asked to recall an event after several days b) A witness immediately exclaims a description during the event c) A statement made after careful reflection d) A written statement prepared in advance Answer: b) A witness immediately exclaims a description during the event
When electronic evidence is submitted, the court may require: a) Only a printed copy b) Verification of the data’s integrity through metadata or digital signatures c) Oral explanation by the technician only d) No additional verification if the document is in PDF format Answer: b) Verification of the data’s integrity through metadata or digital signatures
Which of the following is true regarding the admissibility of character evidence in criminal cases? a) It is always admissible to show a pattern of behavior b) It is admissible only if relevant to the issue of credibility or motive c) It is never admissible d) It is admissible without any judicial discretion Answer: b) It is admissible only if relevant to the issue of credibility or motive
Under the doctrine of “estoppel” in evidence law, a party is prevented from: a) Presenting any evidence b) Denying a fact that has already been admitted or established c) Cross-examining a witness d) Introducing new evidence Answer: b) Denying a fact that has already been admitted or established
Which of the following is a reason why documentary evidence might be challenged? a) The document is too old b) The document appears to have been tampered with or altered c) The document is handwritten d) The document was prepared by a public official Answer: b) The document appears to have been tampered with or altered
In cases where evidence is circumstantial, the court: a) Must disregard it completely b) Accepts it if it forms a complete chain leading to the fact in issue c) Considers it less important than direct evidence d) Requires direct evidence in every instance Answer: b) Accepts it if it forms a complete chain leading to the fact in issue
Which of the following best describes “parol evidence”? a) Oral evidence used to interpret or explain a written document b) Documentary evidence that has been officially notarized c) Evidence related to the handwriting of a document d) Evidence that is introduced by a party without cross-examination Answer: a) Oral evidence used to interpret or explain a written document
In the context of the Evidence Act, the term “judicial notice” allows the court to: a) Accept certain facts as true without requiring evidence b) Require evidence for every fact, no matter how well known c) Rely solely on expert testimony d) Accept hearsay evidence as primary proof Answer: a) Accept certain facts as true without requiring evidence
AIBE candidates preparing for the exam are advised to focus on: a) Only memorizing section numbers b) Understanding the principles and applying them to fact situations c) Only reading previous year’s questions without understanding the context d) Focusing exclusively on documentary evidence Answer: b) Understanding the principles and applying them to fact situations
