Q.1 Which statute primarily governs the law of evidence in India?
Indian Penal Code, 1860
Indian Evidence Act, 1872
Code of Civil Procedure, 1908
Code of Criminal Procedure, 1973
Explanation - The Indian Evidence Act, 1872 lays down the rules relating to admissibility and relevance of evidence in Indian courts.
Correct answer is: Indian Evidence Act, 1872
Q.2 What does 'primary evidence' mean under the Indian Evidence Act?
Oral statements
Original document itself
Certified copies
Secondary proof of contents
Explanation - Primary evidence refers to the original document produced before the court.
Correct answer is: Original document itself
Q.3 Which section of the Indian Evidence Act defines 'Fact'?
Section 2
Section 3
Section 5
Section 9
Explanation - Section 3 of the Act provides definitions, including 'fact', 'fact in issue', and 'evidence'.
Correct answer is: Section 3
Q.4 Hearsay evidence is generally:
Admissible
Not admissible
Always conclusive
Always preferred
Explanation - Hearsay evidence is excluded as it is not direct and lacks reliability.
Correct answer is: Not admissible
Q.5 Dying declaration is admissible under which section of the Evidence Act?
Section 6
Section 32
Section 45
Section 65
Explanation - Section 32(1) allows statements by a person as to the cause of their death to be admissible.
Correct answer is: Section 32
Q.6 Who bears the burden of proof in criminal cases?
Accused
Prosecution
Court
Both parties equally
Explanation - In criminal cases, the prosecution must prove guilt beyond reasonable doubt.
Correct answer is: Prosecution
Q.7 Which type of evidence is considered the 'best evidence'?
Secondary evidence
Oral evidence
Primary evidence
Expert opinion
Explanation - Primary evidence, i.e., the original document, is the best evidence of its contents.
Correct answer is: Primary evidence
Q.8 What does 'res gestae' relate to in evidence law?
Facts forming part of the same transaction
Character evidence
Confessions
Documentary evidence
Explanation - Res gestae refers to facts connected with a transaction and are admissible under Section 6.
Correct answer is: Facts forming part of the same transaction
Q.9 Which section deals with the relevancy of facts forming part of the same transaction?
Section 5
Section 6
Section 7
Section 10
Explanation - Section 6 incorporates the doctrine of res gestae.
Correct answer is: Section 6
Q.10 Under the Evidence Act, confessions made to police officers are:
Admissible
Inadmissible
Always conclusive
Admissible only in civil cases
Explanation - Section 25 declares confessions to police officers inadmissible to prevent abuse.
Correct answer is: Inadmissible
Q.11 Judicial notice can be taken of:
Facts in issue
Well-known facts
Hearsay facts
Unproven allegations
Explanation - Courts may take judicial notice of facts that are so well known that they need not be proved.
Correct answer is: Well-known facts
Q.12 Expert opinion is relevant under which section?
Section 37
Section 45
Section 50
Section 60
Explanation - Section 45 provides for admissibility of expert opinions on matters such as handwriting, fingerprints, and science.
Correct answer is: Section 45
Q.13 What is 'secondary evidence'?
Original document
Oral evidence
Copies or substitutes of the original
Confession
Explanation - Secondary evidence refers to certified copies or oral accounts when primary evidence is unavailable.
Correct answer is: Copies or substitutes of the original
Q.14 Admissions are relevant under which section?
Section 15
Section 17
Section 21
Section 25
Explanation - Section 17 defines admission as a statement suggesting an inference to any fact in issue.
Correct answer is: Section 17
Q.15 In criminal law, the standard of proof is:
Balance of probabilities
Preponderance of evidence
Beyond reasonable doubt
Prima facie satisfaction
Explanation - Criminal cases require proof beyond reasonable doubt, unlike civil cases which rely on balance of probabilities.
Correct answer is: Beyond reasonable doubt
Q.16 Which of the following is NOT a kind of evidence?
Oral evidence
Documentary evidence
Circumstantial evidence
Imaginary evidence
Explanation - Imaginary evidence is not recognized in law; only admissible forms are valid.
Correct answer is: Imaginary evidence
Q.17 Who is a competent witness under the Evidence Act?
Only adults
Only persons with legal training
Anyone who can understand and answer questions
Only government officials
Explanation - Section 118 states that all persons capable of understanding questions and giving rational answers are competent witnesses.
Correct answer is: Anyone who can understand and answer questions
Q.18 Which evidence is considered the weakest?
Oral testimony
Hearsay evidence
Circumstantial evidence
Documentary evidence
Explanation - Hearsay lacks direct reliability and is generally excluded.
Correct answer is: Hearsay evidence
Q.19 Under Section 65, secondary evidence is admissible:
Always
Never
Only in exceptional cases
Only in criminal cases
Explanation - Secondary evidence is allowed when original documents are lost or cannot be produced.
Correct answer is: Only in exceptional cases
Q.20 When can estoppel apply?
When facts are proved
When one party is prevented from denying a statement made earlier
When secondary evidence is produced
When confession is retracted
Explanation - Estoppel prevents a person from contradicting a previous representation on which another relied.
Correct answer is: When one party is prevented from denying a statement made earlier
Q.21 Who decides the admissibility of evidence?
Jury
Witness
Court
Police
Explanation - The court has the authority to decide whether evidence is admissible.
Correct answer is: Court
Q.22 Which section deals with oral evidence?
Section 60
Section 61
Section 65
Section 68
Explanation - Section 60 requires that oral evidence must be direct.
Correct answer is: Section 60
Q.23 Circumstantial evidence can:
Never be used
Sometimes form the sole basis of conviction
Only support oral evidence
Only be used in civil cases
Explanation - If strong and consistent, circumstantial evidence alone can establish guilt.
Correct answer is: Sometimes form the sole basis of conviction
Q.24 The best evidence rule emphasizes:
Use of expert evidence
Use of primary evidence first
Reliance on oral testimony only
Preference to circumstantial evidence
Explanation - Courts prefer original evidence unless exceptions allow secondary evidence.
Correct answer is: Use of primary evidence first
Q.25 Leading questions are:
Always allowed in examination-in-chief
Allowed in cross-examination
Not allowed in re-examination
Both B and C
Explanation - Leading questions are generally not allowed in examination-in-chief, but allowed in cross-examination and restricted in re-examination.
Correct answer is: Both B and C