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This set of Indian Evidence Act Multiple Choice Questions & Answers (MCQs) focuses on Indian Evidence Act Set 5

Q1 | In cases of Wills, the period of thirty years shall run
  • from the date of the will
  • from the date of the death of the testator
  • from the date of registration of the will, if registered
  • either (a) or (b).
Q2 | Presumption as to the genuineness of gazettes in electronic form has been dealtwith under
  • section 81 a of evidence act .
  • section 88a of evidence act
  • section 90a of evidence act
  • section 73a of evidence act.
Q3 | Section 91 of Evidence Act applies to
  • transactions which under the law must be in writing
  • transactions which are reduced into writing voluntarily
  • both (a) & (b)
  • only (a) 8: not (b).
Q4 | Section 91 of Evidence Act applies to documents which are
  • unilateral
  • bilateral
  • tripartite
  • all the above.
Q5 | Section 92 of Evidence Act prohibits admission of oral evidence, in respect of awritten document, for the purpose of
  • contradicting its terms
  • varying its terms
  • adding to its terms
  • all the above.
Q6 | Section 92 of Evidence Act is applicable to
  • disputes between the parties to the instrument only
  • disputes between a party to the instrument and a stranger
  • disputes between two strangers where the document is in question
  • all the above.
Q7 | Section 92 of Evidence Act applies to
  • unilateral documents
  • bilateral documents
  • both (a) & (b)
  • either (a) or (b).
Q8 | Oral evidence of a fact invalidating the document is admissible
  • under proviso 1 to section 92 of evidence act
  • under proviso 2 to section 92 of evidence act
  • under proviso 4 to section 92 of evidence act
  • under proviso 6 to section 92 of evidence act.
Q9 | The want or failure of consideration as contemplated under proviso 1 to section 92of Evidence Act invalidating a document
  • is a complete want or failure
  • is a partial want or failure
  • is a substantial want or failure
  • may be complete or may be partial want or failure.
Q10 | Mistake referred to in proviso 1 to section 92 of Evidence Act refers to
  • unilateral mistake
  • mutual mistake
  • both (a) & (b)
  • only (b) not (a).
Q11 | Under section 92 of Evidence Act oral evidence to explain the real nature of thetransaction is admissible
  • where the document does not record all the terms of the contract
  • where the document records all the terms of the contract
  • where the documents is complete in itself
  • all the above.
Q12 | Under proviso 4 to section 92 of Evidence Act, oral evidence is admissible in cases
  • where the contract has been written voluntarily & not required by laws to be so written
  • where the law required the contract to be in writing
  • where the contract has been registered under the law of registration of documents
  • all the above.
Q13 | Extrinsic evidence to show the meaning or supply the defects in an instrument, isprohibited under section 93, in respect of
  • ambiguitas patens
  • ambiguitas lateens
  • both (a) & (b)
  • only (b) & not (a).
Q14 | The test of ascertaining on which side the burden of proof lies is contained in
  • section 100 of evidence act
  • section 101 of evidence act
  • section 102 of evidence act
  • section 103 of evidence act.
Q15 | Burden of proof
  • partially determines the right to begin
  • substantially determines the right to begin
  • wholly determines the right to begin
  • only (c) & not (a) or (b).
Q16 | Burden of proof under section 101 of Evidence Act
  • never shifts
  • goes on shifting as the trial proceeds
  • may shift
  • both (b) & (c) are correct.
Q17 | Burden of proof is lightened by
  • presumptions
  • admissions
  • estoppels
  • all the above.
Q18 | Burden of introducing evidence under section 102 of Evidence Act
  • never shifts
  • occasionally shifts
  • constantly shifts
  • only (a) and not (b) or (c).
Q19 | In criminal proceedings, the burden of proof is
  • on the prosecution to prove the guilt of the accused
  • on the accused to prove his innocence
  • on both the parties
  • either (a) or (b).
Q20 | Section 105 of Evidence Act applies to
  • criminal trials
  • civil trials
  • both (a) & (b)
  • neither (a) nor (b).
Q21 | In criminal trials, the onus is on the accused to prove that his case falls in
  • any of the general exception
  • any of the special exception
  • any of the proviso to any provision
  • all the above.
Q22 | In criminal trials, the accused has to establish his plea mitigation or justification ofan offence
  • beyond reasonable doubt
  • prima fzzcie
  • substantially
  • either (a) or (c).
Q23 | Any person’ in section 106 of Evidence Act refers to
  • a party to the suit
  • a stranger to the state
  • a person who is not a party to the suit but interested in the outcome of the suit
  • a witness
Q24 | The presumption of continuance of life is contained in
  • section 106 of evidence act
  • section 107 of evidence act
  • section 108 of evidence act
  • section 109 of evidence act.
Q25 | Section 108 of Evidence Act relates to
  • presumption of death
  • presumption of life
  • presumption of legitimacy
  • presumption of relationship.