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Evidence Act & Bharatiya Sakshya Adhiniyam

123 questions from 16 papers

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AIBE XIII Q.38 Walkthrough

Which Section of the Indian Evidence Act 1872 provides that an accomplice is a competent witness:

a. Section 114 illustration (B)
b. (b) Section 118
c. Section 133
d. Section 134
View Walkthrough →
AIBE XIII Q.53 Walkthrough

Under Section 118 of the Indian Evidence Act, a person is a competent witness if he or she-

a. is a major
b. is not lunatic
c. is not extreme old age
d. is capable of understanding questions put to him and giving rational answers irrespective of age
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AIBE XIII Q.54 Walkthrough

Which of the following Judgement is irrelevant under Section 43 of Indian Evidence Act, 1872-

a. Judgement of an insolvency court
b. Judgement of criminal court
c. Judgement of matrimonial court
d. judgement of probate court
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AIBE XIII Q.55 Walkthrough

Under which Section of the Indian Evidence Act, 1872 a witness has been given right to refresh his memory

a. Section 157
b. Section 158
c. Section 159
d. Section 160
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AIBE XIII Q.77 Walkthrough

A question suggesting the answers which the person putting it wishes or expects to receive is called-

a. Indecent questions
b. Leading questions
c. Improper questions
d. Proper questions
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AIBE XIII Q.96 Walkthrough

A “dumb witness” given his evidence in writing in the open court, such evidence would be treated as:

a. Oral evidence
b. Documentary evidence
c. Secondary evidence
d. Primary evidence
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AIBE XIV Q.15 Walkthrough

The Kashmira Singh v. State of MP is a leading case on:

a. Dying declaration
b. Admission
c. Confession to police officer
d. Confession of a co-accused
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AIBE XIV Q.58 Walkthrough

If it is proved that a man has not been heard of for __ by those who would naturally have heard of him if he were alive, the presumption under section 108 of the Indian Evidence Act is that he is dead:

a. 5 years
b. 7 years
c. 15 years
d. 20 years
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AIBE XIV Q.59 Walkthrough

A dumb witness given his evidence in writing in the open court, such evidence would be treated as-

a. Oral evidence
b. Documentary evidence
c. Secondary evidence
d. Primary evidence
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AIBE XIV Q.60 Walkthrough

Which of the following is not a public document?

a. Bank Pass Books
b. Post-Mortem Report
c. Judgement of the High Court
d. Registered Sale deed
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AIBE XIV Q.69 Walkthrough

Under the Indian Evidence Act, the character of a person is not relevant in which of the following cases:

a. Previous good character of an accused in criminal case
b. Previous bad character in reply to good character in criminal case.
c. Character to prove conduct imputed in civil case.
d. Character affected the amount of damage in civil case
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AIBE XIV Q.70 Walkthrough

Which one of the following is primary evidence?

a. Document produced for the inspection of the Court
b. Copies made from original
c. Certified copies of the document
d. Photostate copies of a document
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AIBE XIV Q.73 Walkthrough

Which of the following fact is not relevant in civil and criminal cases under section 8 of the Indian Evidence Act?

a. Motive
b. Attempt
c. Conduct
d. Preparation
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AIBE XIV Q.79 Walkthrough

Which of the following is not a duty of an Advocate to Court:

a. To not commit breach of section 126 of Evidence Act.
b. To not to appear on behalf of any organisation of whose Executive Committee, he is a member.
c. To not appeal before a Court, Tribunal or Authority in which his near relation is a member.
d. To conduct himself with dignity and self- respect during presentation of a case before a Court and otherwise acting before a Court.
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AIBE XV Q.32 Walkthrough

A intentionally and falsely leads B to believe that certain land belongs to A, and there by induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the salt: on the ground that, at the time of the sale, he had no title. He will not be allowed to prove his want of title. Which Section of the Evidence Act is applicable?

a. Section 92
b. Section 124
c. Section 115
d. Section 110
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AIBE XV Q.34 Walkthrough

A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked, and goals are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, though A may not have been present at all of the them. Under which section of the Indian Evidence Act.

a. Section 12
b. Section 6
c. Section 3
d. Section 5
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AIBE XV Q.35 Walkthrough

Section 110 of the Evidence Act deals with:

a. Documentary Evidence
b. Exclusion of Oral Evidence
c. Burden of proof as to ownership
d. Proof of guilt
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AIBE XV Q.36 Walkthrough

Section 113 A of the Evidence Act deals with:

a. Presumption as to abetment of murder
b. Presumption as to rape and abetment of suicide by a woman
c. Presumption as to abetment of kidnap of a girl
d. Presumption as to abetment of suicide by a married woman
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AIBE XV Q.70 Walkthrough

Res gestae, Relevancy of facts forming part of same transaction is dealt under:

a. Section 6 of the Evidence Act
b. Section 17 of the Evidence Act
c. Section 18 of the Evidence Act
d. Section 20 of the Evidence Act
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AIBE XV Q.73 Walkthrough

The question is, whether A owes B rupees 10,000. Which of the following statements are relevant under Evidence Act:

a. The facts that A asked C to lend him money
b. D said to C in A’s presence and hearing- “I advise you not to trust A, for he owes B 10,000 rupees,”
c. A went away without making any answer
d. All of the above
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AIBE XV Q.74 Walkthrough

So much of such information, whether it amounts to a confession or not, as relate distinctly to the fact thereby discovered by the police may be proved under:

a. Section 25 of the Evidence Act
b. Section 26 of the Evidence Act
c. Section 27 of the Evidence Act
d. Section 29 of the Evidence Act
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AIBE XV Q.75 Walkthrough

When the Court has to form an opinion upon a point of foreign law or of science, or art, or as to identity of handwriting, or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. This is under ______of the Evidence Act.

a. Section 42
b. Section 45
c. Section 50
d. Section 55
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AIBE XVI Q.6 Walkthrough

How many kinds of presumptions are there as classified by the Supreme Court?

a. Permissive presumptions or presumptions of facts
b. Compelling presumptions or presumptions of law (rebuttable presumptions)
c. Irrebuttable presumptions of law or conclusive presumptions.
d. All of them
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AIBE XVI Q.40 Walkthrough

Under which section of the Evidence Act, admissions are defined?

a. 17
b. 16
c. 15
d. 18
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AIBE XVI Q.60 Walkthrough

The Indian Evidence Act came into force on-

a. 6th October, 1860
b. 1st March, 1974
c. 15th March, 1872
d. 1st September, 1872
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AIBE XVI Q.71 Walkthrough

Admission can be broadly categorised into:

a. Judicial
b. Extra-judicial
c. Either A and B
d. Both A and B
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AIBE XVI Q.79 Walkthrough

When the accused states, “I will produce the share which I gave received in such and such robbery” which of the following are not admissible with regard to Section 25, Indian Evidence Act? I. An admission that there was a robbery II. An admission that the accused took part in it III. An admission that he got part of the property IV . A statement as to where the property is

a. I, II and III
b. III and IV
c. II, III and IV
d. All of them
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AIBE XVII Q.39 Walkthrough

The doctrine of ‘Res Gestae’ has been discussed in which Section of the Evidence Act?

a. Section 5
b. Section 6
c. Section 10
d. Section 11
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AIBE XVII Q.40 Walkthrough

When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. It has been so provided under which Section of the Indian Evidence Act, 1872 ?

a. Section 17
b. Section 18
c. Section 19
d. Section 21
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AIBE XVII Q.41 Walkthrough

Judicial Evidence means

a. Evidence received by Courts in proof or disproof of facts
b. Evidence received by Police Officer
c. Evidence received by Home Department
d. Evidence received by Tribunal.
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AIBE XVII Q.42 Walkthrough

Which of the following is not a ‘document’ according to the Indian Evidence Act, 1872?

a. An inscription on a metal plate or stone
b. A map or plan
c. A caricature
d. None of these
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AIBE XVII Q.43 Walkthrough

“Presumptions as to Dowry Deaths” is given under which Section?

a. 113A
b. 113B
c. 114A
d. 1148
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AIBE XVII Q.44 Walkthrough

Which of the following is not ‘Secondary evidence’ as per Section 63 of Indian Evidence Act, 1872?

a. Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies.
b. Copies made from or compared with the original.
c. Oral accounts of the contents of a document given by some person who has himself seen it.
d. Copies not certified under Section 63.
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AIBE XVII Q.45 Walkthrough

A leading question may be asked in

a. Examination-in-chief
b. Re-examination
c. Cross examination
d. None of these
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AIBE XVII Q.46 Walkthrough

Extra Judicial Confession means

a. Confessions made either to Police or person other than Judges and Magistrates.
b. Confessions made before Magistrates.
c. Confessions made before Judges.
d. None of these
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AIBE XVII Q.58 Walkthrough

The Section 12 of Hindu Maintenance and Adoption Act, 1956 deals with

a. A Rights of adoptive parents to dispose of their properties
b. Effects of adoption
c. Presumption as to the document relating to adoption
d. Cancellation of adoption
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AIBE XVIII Q.63 Walkthrough

A is accused of murder of B by beating him. Which of the following will not be considered as relevant fact forming part of the same transaction as per the Indian Evidence Act, 1872?

a. Whatever said by A or B at the time of beating
b. Whatever done by A or B at the time of beating
c. Whatever said by by-standers at the time of beating
d. Whatever said by A or B a day before the day of beating
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AIBE XVIII Q.64 Walkthrough

Which provision of the Indian Evidence Act, 1872 says that the confession to police-officer shall not be proved against him?

a. Section 24
b. Section 25
c. Section 26
d. Section 27
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AIBE XVIII Q.65 Walkthrough

Under which provision of the Indian Evidence Act, 1872 dying declaration may be admitted as evidence?

a. Section 25
b. Section 29
c. Section 32
d. Section 37
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AIBE XVIII Q.66 Walkthrough

Which is correct according to the Indian Evidence Act, 1872 pertaining to proof of contents of documents?

a. Contents shall be proved by primary evidence
b. Contents may be proved by secondary evidence
c. Contents shall be proved by both primary and secondary evidence
d. Contents may be proved either by primary or by secondary evidence
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AIBE XVIII Q.67 Walkthrough

Which is a correct statement as per the Indian Evidence Act, 1872?

a. Leading questions may be asked in examination-in-chief
b. Leading questions may be asked in cross-examination
c. Leading questions may be asked in re-examination
d. Leading questions cannot be asked in cross-examination
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AIBE XVIII Q.68 Walkthrough

In which case did the Supreme Court of India clarify the admissibility of electronic record as evidence?

a. Anvar P.V v. P.K. Basheer
b. State of Haryana v. Jai Singh
c. State of Maharashtra v. Natwarlal Damodardas Soni
d. State of Punjab v. Jagir Singh
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AIBE XVIII Q.69 Walkthrough

Which of the following is incorrect statement in the light of Indian Evidence Act, 1872?

a. Confession always go against a person making it
b. Admissions are conclusive as to the matters admitted
c. Admissions may operate as an estoppel
d. Confession is statement written or oral which is direct admission of guilt
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AIBE XVIII Q.70 Walkthrough

Which Section of the Indian Evidence Act, 1872 is an exception to the hearsay rule?

a. Section 32(1)
b. Section 32(2)
c. Section 32(3)
d. Section 32(5)
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AIBE XIX Q.39 Walkthrough

Which word is inserted in Section 22 of the BSA that was not present in Section 24 of the Evidence Act?

a. Inducement
b. Coercion
c. Threat
d. Promise
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AIBE XIX Q.40 Walkthrough

Existence of course of business when relevant is discussed in:

a. Section 12 of the BSA, 2023
b. Section 13 of the BSA, 2023
c. Section 14 of the BSA, 2023
d. Section 15 of the BSA, 2023
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AIBE XIX Q.41 Walkthrough

In a criminal trial, Rajesh is accused of theft. During investigation, the police recover a stolen laptop from a location frequented by Rajesh. His fingerprints are found on the laptop. According to the Bharatiya Sakshya Adhiniyam, 2023, how should the court interpret this evidence?

a. The recovered laptop and fingerprints are automatically considered conclusive proof of Rajesh's guilt.
b. The recovered laptop and fingerprints are circumstantial evidence that can be considered along with other evidence, but do not by themselves prove guilt beyond reasonable doubt.
c. The evidence is inadmissible because the police did not obtain a search warrant.
d. The fingerprints must be verified by at least two independent forensic experts before being presented in court.
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AIBE XIX Q.42 Walkthrough

Where a document is executed in several parts like printing, lithography or photography, video recording, computer resource as electronic or digital records, the BSA 2023 classifies each part as:

a. Primary evidence
b. Secondary evidence
c. Circumstantial evidence
d. Scientific evidence
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AIBE XIX Q.43 Walkthrough

Which section of BSA provides that no court shall require any communication between the Ministers and the President of India to be produced before it?

a. 65
b. 165
c. 268
d. 168
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AIBE XIX Q.44 Walkthrough

According to Section 46 of Bharatiya Sakshya Adhiniyam, when character evidence is relevant in civil cases?

a. Always relevant to prove conduct
b. Only when related to other relevant fact
c. Never relevant
d. Only in criminal cases
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AIBE XIX Q.45 Walkthrough

As per Section 78(2) of the BSA 2023, presumption about the officer signing or certifying a document is:

a. The officer's signature is assumed to be forgery
b. The officer did not hold the claimed office at the time of signing
c. The officer held the official character claimed when signing or certifying the document
d. The document's authenticity is independent of the official's official character
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AIBE XIX Q.46 Walkthrough

Under Section 146 of the BSA 2023, when are leading questions permissible in court proceedings?

a. Always allowed in examination-in-chief without restriction
b. Not allowed during cross-examination
c. Can be asked in any stage without objection
d. Permitted during cross-examination and when matters are introductory, undisputed, or proved
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AIBE IV Q.8 Walkthrough

A refused to answer questions put to a witness under section 161 of Cr.P.C is an offence under-

a. Section 1761.P.C
b. Section 179 I.P.C
c. Section 1871.P.C
d. Neither (A) nor (B) nor (C)
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AIBE IV Q.9 Walkthrough

The investigating officer during the investigation records the statements of a witness under-

a. Section 160 of Cr.P.C
b. Section 162 of Cr.P.C
c. Section 161 of Cr.P.C
d. Section 164 of Cr.P.C
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AIBE IV Q.10 Walkthrough

A statement of a witness recorded under section 161 of Cr.P.C in writing during investigation and is signed by the person making the statement is hit by:

a. Section 161(2) of Cr.P.C
b. Section 161(3) of Cr.P.C
c. Section 162(1) of Cr.P.C
d. Section 162(2) of Cr.P.C
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AIBE IV Q.11 Walkthrough

Which of the following is relevant fact under Evidence Act, 1872?

a. facts regarding motive
b. facts regarding statement without related conduct
c. facts regarding statements clubbed with conduct
d. facts which make other relevant fact is highly probable
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AIBE IV Q.12 Walkthrough

Test of competency of witness is:

a. Her being intelligent
b. Must be major
c. Understanding the nature of question
d. Capable of understanding the nature of question and giving rational answer
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AIBE IV Q.13 Walkthrough

Which one is exception as rule of hearsay evidence?

a. dying declaration
b. facts forming part of same transaction
c. facts forming plea of alibi
d. facts regarding character of accuse
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AIBE IV Q.56 Walkthrough

In every plaint, under section 26 of CPC facts should be proved by:

a. Oral evidence
b. Affidavit
c. Document
d. Oral evidence as well as document
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AIBE VI Q.4 Walkthrough

Which are the provisions under Indian Evidence Act, 1872 that deals with relevancy of opinion of experts?

a. Sections 49 & 50
b. Sections 23 & 24
c. Sections 45 & 46
d. Sections 81 & 82
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AIBE VI Q.33 Walkthrough

The contents of documents may be proved either by-

a. Primary evidence or by secondary evidence
b. Direct evidence or circumstantial evidence
c. Primary evidence or documentary evidence
d. Primary evidence or direct evidence
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AIBE VI Q.34 Walkthrough

Oral accounts of the contents of a document given by some person who has himself, if seen, it is-

a. Direct evidence
b. Best evidence
c. Circumstantial evidence
d. Secondary evidence
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AIBE VI Q.35 Walkthrough

“The DNA test cannot rebut the conclusive presumption envisaged under section 12 of the Indian Evidence Act, 1872. The parties can avoid the rigor of such conclusive presumption only by proving non-access which is a negative proof.” It was so held in which case-

a. Shaik Fakruddin u. Shaik Mohammed Hasan, AIR 2006 AP 48
b. Siddaramesh v. State of Karnataka, (2010) 3 SCC 152
c. Kailash v. State of Madhya Pradesh, AIR 2007 SC 107
d. Samwanti u. State of Punjab, AIR 1963 SC 151
View Walkthrough →
AIBE VI Q.36 Walkthrough

The statements of dead persons are relevant under which provision

a. Section 48, Indian Evidence Act, 1872
b. Section 49, Indian Evidence Act, 1872
c. Section 32(4), Indian Evidence Act, 1872
d. Section 13(a), Indian Evidence Act, 1872
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AIBE VI Q.37 Walkthrough

“Witnesses are the eyes and ears of Justice”. Whose statement is this

a. Lord Atkin
b. Bentham
c. Lord Denning
d. Phipson
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AIBE VI Q.41 Walkthrough

Adulteration of food or drink intended for sale is punishable under

a. Section 227. IPC
b. Section 272, IPC
c. Section 277, IPC
d. Section 273, IPC
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AIBE VI Q.44 Walkthrough

Which provision under Criminal Procedure Code, 1973 deals with the procedure to be adopted by the Magistrate, to record confessions and statements?

a. Section 164
b. Section 162
c. Section 163
d. Section 164A
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AIBE VI Q.62 Walkthrough

A solicitor sold certain property to one of his clients. The client subsequently alleged that the property was considerably overvalued and his consent was caused by .......... Court considered the relationship between the parties to reach the decision.

a. Coercion
b. Misrepresentation
c. Undue influence
d. Estoppel
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AIBE VI Q.66 Walkthrough

Raghav owes Murli Rs.10,000. This debt is time-barred by the Limitation Act. Even then Murli, promises in writing to pay Raghav Rs. 4,500 on account of debt and signs the document. This contract is

a. Enforceable
b. Unenforceable
c. V oid
d. None of the above
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AIBE VI Q.70 Walkthrough

“The fundamental aim of Legal Ethics is to maintain the honour and dignity of the Legal Profession, to secure a spirit of friendly co- operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client, opponent and witnesses; to establish a spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally”. Whose statement is this?

a. Chief Justice Marshall
b. Chief Justice Coke
c. Chief Justice Halsbury
d. Chief Justice Bacon
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AIBE VI Q.73 Walkthrough

Which Section under the Advocates Act, 1961 deals with disqualification as to enrolment?

a. Section 25A
b. Section 26A
c. Section 27 A
d. Section 24A
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AIBE VI Q.86 Walkthrough

An accomplice is unworthy of credit unless he is corroborated in material particulars is a

a. presumption of fact
b. presumption of law
c. conclusive of proof
d. none of the above
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AIBE VI Q.87 Walkthrough

Patent ambiguity in interpreting documents renders it.

a. Curable
b. Incurable
c. Curable and incurable
d. None of the above
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AIBE VI Q.96 Walkthrough

Which provision under the Industrial Disputes Act, 1947 guarantees the right of workmen laid off to claim for compensation

a. Section 25-O
b. Section 26
c. Section 2S-C
d. Section 2S-M
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AIBE VII Q.2 Walkthrough

Frost v. Knight is a leading case on-

a. Section 32, Contract Act, 1872
b. Section 33, Contract Act, 1872
c. Section 34, Contract Act, 1872
d. Section 35, Contract Act, 1872
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AIBE VII Q.38 Walkthrough

Evidences to document unmeaning in reference to existing facts is called as-

a. Patent ambiguity
b. Latent ambiguity
c. Both of them
d. None of the above
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AIBE VII Q.39 Walkthrough

Original document is the best evidence. Exception to this rule is contained in-

a. Indian Evidence Act, 1872
b. Criminal Procedure Code, 1973
c. Bankers Book Evidence Act, 1891
d. None of these
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AIBE VII Q.51 Walkthrough

Rabindra Kumar Pal @ Dam Singh v. Republic of India a famous case coming under Section 30 of Evidence Act, 1872 is also well- known as-

a. Graham Stains Murder case
b. Graham Bells Murder case
c. Graham Street’s Murder case
d. Graham Stoits Murder case
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AIBE VII Q.53 Walkthrough

A Charge-Sheet filed under Section 173 of Cr.P.C. is an example of-

a. Public document
b. Private document
c. Patent document
d. Latent document
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AIBE VII Q.83 Walkthrough

As per the provisions of the Criminal Procedure Code, 1973 the word ‘inspection’ used in Section 93(1) (c) refers to-

a. Things or documents
b. Documents only
c. Locality and place
d. None of the above
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AIBE VII Q.84 Walkthrough

Statement recorded during investigation under Section 161 of Cr.P.C. can be used during trial for-

a. Corroborating the witness
b. Contradicting the witness
c. Both (A) and (B)
d. Neither (A) nor (B)
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AIBE VII Q.92 Walkthrough

Section 82 IPC is an illustration for-

a. Presumption of fact
b. Presumption of law
c. Presumption of fact and presumption of law
d. None of the above
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AIBE VIII Q.1 Walkthrough

The presumption of continuance of life is contained in Section of the Evidence Act, 1872

a. 107
b. 108
c. 207
d. 115
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AIBE VIII Q.2 Walkthrough

Testimony of a witness to the existence or non-existence of the fact or facts in issue is/are

a. Oral evidence
b. Original evidence
c. Direct evidence
d. Both (A) and (B)
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AIBE VIII Q.13 Walkthrough

A statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates at the trial is known as __

a. Extra-judicial confession
b. Judicial confession
c. Retracted confession
d. V oluntary confession
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AIBE VIII Q.16 Walkthrough

Section 253 of the Companies Act, 2013 deals with

a. Determination of Sickness
b. Liability of Directors
c. Promoters
d. Memorandum
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AIBE VIII Q.45 Walkthrough

In which case, where the advocate of one of the parties was asking for continuous adjournments to the immense inconvenience of the opposite party, it was held by the Supreme Court that seeking adjournments for postponing the examination of witnesses who were present without making other arrangements for examining such witnesses is a dereliction of the duty that an advocate owed to the Court, amounting to misconduct

a. N.G . Dastane v. Shrikant S. Shin de
b. Shambhu Ram Yadav v. Hanuman Das Khatry
c. Noratanmal Chaurasia v. M.R. Murali
d. None of the above
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AIBE VIII Q.75 Walkthrough

A/An________is one which is drawn by one person and accepted by another, without consideration, merely to enable the drawer to raise money on the bill by discounting it.

a. Bills in sets
b. Documentary bill
c. Bearer instrument
d. Accommodation bill
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AIBE VIII Q.80 Walkthrough

Estoppel is a rule by which a party to litigation is/are_____

a. Stopped from asserting or denying, a fact
b. Prevented from appearing in person
c. Prevented from hiding an evidence
d. Both (A) and (B)
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AIBE VIII Q.81 Walkthrough

Under Section 122 of the Evidence Act, a communication made to the spouse during marriage

a. Remains privileged after the dissolution of marriage by divorce but not so on after death
b. Does not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death
c. Does not remain privileged after dissolution of marriage by divorce or death
d. Remains privileged communication after the dissolution of marriage by divorce or death
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AIBE IX Q.51 Walkthrough

A retracted confession

a. can be solely made the basis of conviction
b. cannot be solely made the basis of conviction
c. cannot be solely made the basis of conviction unless the same is corroborated
d. both (A) and (C) are correct
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AIBE IX Q.52 Walkthrough

A confession to be inadmissible under section 25 of the Evidence Act:

a. must relate to the same crime for which offender is charged
b. may relate to the same crime for which offender is charged
c. must relate to another crime
d. none of the above
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AIBE IX Q.53 Walkthrough

An unjustified and unexplained long delay on the part of the investigating officer in recording the statement of a material witness would render the evidence of such witness:

a. Unreliable
b. Inadmissible
c. Inadmissible and unreliable
d. None of the above
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AIBE IX Q.70 Walkthrough

Indian Evidence Act, 1872 applies to

a. Proceedings before tribunals
b. Proceedings before the arbitrator
c. Judicial proceedings in court
d. All of the above
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AIBE IX Q.93 Walkthrough

Secondary evidence of a document means:

a. Copies of the document
b. oral account of the contents of the documents
c. both (A) and (B)
d. none of the above
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AIBE IX Q.94 Walkthrough

A Will is required to be proved by calling at least one attesting witness:

a. when it is registered
b. when it is unregistered
c. when it is admitted
d. all of the above
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AIBE IX Q.95 Walkthrough

Any person in section 106 of Evidence Act, 1872 refers to-

a. a party to the suit
b. a stranger to the suit
c. a person who is not a party to the suit but interested in the outcome of the suit
d. all of the above
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AIBE X Q.6 Walkthrough

Which section of Indian Evidence Act is based on English Doctrine of Res Gestae

a. 5
b. 6
c. 7
d. 8
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AIBE X Q.10 Walkthrough

In joint trial, the evidentiary value of confession of a co-accused affecting himself and others, has been discussed by the Supreme Court in:

a. Kashmira Singh v. State of M.P .
b. State of U.P . v. Deorman Upadhyay
c. Ram Bharose v. State of U.P .
d. Rameshwar v. State of Rajasthan
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AIBE X Q.79 Walkthrough

A reference can be made during the pendency:

a. The subordinate court refers the case to the High Court for the latter’s opinion on a question of law.
b. The subordinate court refers the case to the High Court for the latter’s opinion on a question of evidence
c. The subordinate court refers the case to the High Court for the latter’s opinion on a question of fact
d. The subordinate court refers the case to the High Court for the latter’s opinion on a question of court procedure.
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AIBE X Q.84 Walkthrough

What is the maximum number of witness which can be produced in a case?

a. 5
b. 10
c. 15
d. No limit
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AIBE X Q.98 Walkthrough

Pakala Narayan Swami v. Emperor is a leading case on:

a. Dying Declaration
b. Admission
c. Confession
d. None of the above
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AIBE XI Q.60 Walkthrough

The term ‘Evidence’ means and includes:

a. Oral evidence
b. Documentary evidence
c. Electronic records produced for the inspection of the Court
d. All of the above
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AIBE XI Q.92 Walkthrough

Admissibility of contents of electronic records may be proved in accordance with the provisions of:

a. Under Section 61 of Indian Evidence Act
b. Under Section 65 of Indian Evidence Act
c. Under Section 65B of Indian Evidence Act
d. None of the above
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AIBE XII Q.9 Walkthrough

Indian Evidence Act was enacted in:

a. 1972
b. 1872
c. 1955
d. 1986
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AIBE XII Q.24 Walkthrough

Who is prevented from being testified u/ s. 118 of Indian Evidence Act:

a. A lunatic who cannot understand the questions put to him
b. Extreme old age person who cannot give rational answer to the questions
c. A tender age person who cannot give rational answer to the questions
d. All the above
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AIBE XII Q.44 Walkthrough

In civil cases Indian Evidence Act bestows burden of proof on:

a. The Petitioner
b. The Respondents
c. The State Government
d. The Court
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AIBE XII Q.53 Walkthrough

Dying declaration must be made by:

a. The dying person in hospital
b. The doctor who is treating the deceased in hospital
c. The deceased before death
d. Nearest relative of the deceased
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AIBE XII Q.99 Walkthrough

The Kashmira Singh v. State of Punjab is a leading case on:

a. Dying Declaration
b. Admission
c. Confession
d. None of the above
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AIBE XX Q.7 Walkthrough

A juvenile aged 14 years is brought before the court for an offence not punishable with death or imprisonment for life. Under which provision of the Code of Criminal Procedure, 1973, will the case primarily fall? 5

a. Section 27
b. Section 125
c. Section 302
d. Section 482
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AIBE XX Q.11 Walkthrough

Under the Indian Evidence Act, 1872, when can facts that are otherwise irrel- evant be considered relevant?

a. Only when they prove the guilt of the accused directly
b. Only when they form part of a dying declaration
c. When they are inconsistent with a fact in issue or relevant fact
d. When they are part of an admission made in writing 8
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AIBE XX Q.12 Walkthrough

What condition must be satisfied for prior evidence to be relevant under Sec- tion 33 of the Indian Evidence Act, 1872?

a. The evidence must have been recorded in the presence of a jury.
b. The proceeding was between the same parties or their representatives in interest.
c. The evidence must have been published in a government gazette.
d. The evidence must have been corroborated by expert opinion.
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AIBE XX Q.13 Walkthrough

During a court trial, the defence lawyer objects to the admissibility of certain papers produced as evidence. The judge clarifies that only documents categorized as public documents under the Indian Evidence Act, 1872, can be accepted without strict proof. Which category of documents would fall under public documents in this context?

a. Draft agreements between individuals
b. Personal diaries of government officials
c. Internal notes of a private company
d. Judicial and executive acts of public officers
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AIBE XX Q.14 Walkthrough

Which condition must be satisfied for things said or done by one conspirator to be admissible against others under the Bharatiya Sakshya Adhiniyam, 2023?

a. The statement must be made after the conspiracy has ended
b. The statement must involve unrelated matters of personal benefit
c. There must be reasonable ground to believe a conspiracy exists
d. There must be proof that each conspirator personally committed the act
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AIBE XX Q.25 Walkthrough

According to Section 25(a) of the Arbitration and Conciliation Act, 1996, what happens if the claimant fails to submit his statement of claim without sufficient cause?

a. The tribunal adjourns the case indefinitely
b. The tribunal imposes a penalty but continues proceedings
c. The tribunal assumes the claim is admitted
d. The tribunal terminates the proceedings
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AIBE XX Q.34 Walkthrough

Read the following statements and choose the correct option. Statement 1:Under the Bharatiya Sakshya Adhiniyam, 2023, admissions are generally rele- vant and may be proved against the person making them, but cannot ordinarily be proved by or on behalf of that person. Statement 2:An admission can still be proved on behalf of the person making it if it relates to the existence of a state of mind or body, made at or about the time when such condition existed, and is supported by conduct showing its truthfulness. In the context of the above statements under the Bharatiya Sakshya Adhiniyam, 2023, which one of the following is correct?

a. Both Statements 1 and 2 are false
b. Only Statement 1 is true
c. Only Statement 2 is true
d. Both the Statements are true
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AIBE XX Q.49 Walkthrough

Read the given Statements and choose the correct option. A dispute arises between two companies regarding the enforcement of their arbitration clause. Ex- amine the following statements: Statement 1:An arbitration agreement must be in writing, and it can be contained in a contract, an exchange of letters, telex, telegrams, or elec- tronic communications.Statement 2:An arbitration agreement may be implied solely from the conduct of the parties, without any written record.

a. Only Statement 1 is true
b. Only Statement 2 is true
c. Both Statements 1 and 2 are true
d. Neither Statement 1 nor 2 is true
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AIBE XX Q.54 Walkthrough

The Indian Contract Act, 1872, provides for specific situations where an agree- ment without consideration is not void. Which of the following agreements is valid despite the lack of fresh consideration ?

a. An oral promise by ‘A’ to pay ‘B’ 5000 for a service ‘B’ voluntarily rendered to ‘A’ last month.
b. A written and registered promise by a husband, out of natural love and affection, to transfer a property to his wife.
c. A promise to subscribe 1 lakh to a public charitable fund.
d. A promise made by a minor upon attaining majority to pay a debt incurred during his 39 minority.
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AIBE XX Q.64 Walkthrough

When is a confession made by a person in police custody admissible under the Bharatiya Sakshya Adhiniyam, 2023 ?

a. Only if it is made voluntarily in writing
b. Only if it is made in the immediate presence of a Magistrate
c. Only if it is supported by two independent witnesses
d. Only if it is recorded after the charge sheet is filed
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AIBE XX Q.65 Walkthrough

Which Section of The Bharatiya Sakshya Adhiniyam, 2023 pertains to opinions of experts?

a. Section 38
b. Section 39
c. Section 36
d. Section 46
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AIBE XX Q.66 Walkthrough

Which of the following statements is incorrect as per The Bharatiya Sakshya Adhiniyam, 2023 ?

a. A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for, verbally, on an- other occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.
b. A agrees absolutely in writing to pay B one thousand rupees on 1st March, 2023. The fact that, at the same time, an oral agreement was made that the money should not be paid till 31st March, 2023, can be proved.
c. A enters into a written contract with B to work certain mines, the property of B, upon certain terms. A was induced to do so by a misrepresentation of B as to their value. This fact may be proved.
d. A orders goods from B by a letter in which nothing is said as to the time of payment, and accepts the goods on delivery. B sues A for the price. A may show that the goods were supplied on credit for a term still unexpired.
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AIBE XX Q.70 Walkthrough

As per The Information Technology Act, 2000, “intermediary”, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with re- spect to that record and includes : I. telecom service providers. 53 II. search engines. III. cyber cafes. IV. online-auction sites. Select the correct answer.

a. I and IV
b. I and II
c. I, II and IV
d. I, II, III and IV
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AIBE XX Q.86 Walkthrough

The Supreme Court of India in R.K. Anand v. Registrar, Delhi High Court (2009) 8 SCC 106 held an advocate guilty of misconduct for :

a. threatening judges and use of abusive language during proceedings.
b. filing false affidavits and making reckless allegations against judges.
c. interfering in a criminal trial by attempting to influence a witness.
d. circulating scandalous pamphlets against a sitting Chief Justice.
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