MCQ 18 December 2023

Daily Static MCQs for Judiciary Prelims Exams - (18 December 2023)



Question/ Answer
Question1:- The chapter exclusion of oral by documentary evidence is dealt under
  • (a) Chapter V from Section 90-100
  • (b) Chapter VII from Section 91-100
  • (c) Chapter IV from Section 90-101
  • (d) Chapter VI from Section 91-100
Answer is D is correct. Exclusion of oral by documentary evidence is dealt under chapter VI from Section 91 to 100. Wherein document itself is to be produced to prove the evidence and oral evidence is excluded when the evidence is contained in writing. Therefore option (d) is the correct answer.
Question2:- ‘A’ gives ‘B’ receipt for money paid by ‘B’. Oral evidence is offered of the payment made
  • (a) The evidence is not admissible
  • (b) The evidence is admissible only on the discretion of the court and not otherwise
  • (c) The evidence is admissible only when both the party agree in writing
  • (d) The evidence is admissible
Answer is D is correct. As per Section 91 of the Indian Evidence Act, oral evidence is not admissible when the terms of the contract, grant etc. is in writing but in the given facts, receipt was not a contract but an acknowledgment hence the evidence is admissible. Therefore option (d) is the correct answer.
Question3:- A hires lodging of B for a year, and a regularly stamped agreement, drawn up by an attorney, is made between them. It is silent on the subject of board
  • (a) A may not prove that board was included in the term verbally
  • (b) A may prove that board was included in the term verbally
  • (c) A shall prove that board was included in the term verbally
  • (d) A may prove with the prior consent of the court that board was included in the term verbally
Answer is A is correct. As per Section 91 and 92, no oral evidence to be given in case the contract is in writing. In the given facts, the stamped agreement was made and hence no oral evidence contradicting the same can be brought up. Therefore option (a) is the correct answer.
Question4:- Who may give evidence of agreement varying terms of the document
  • (a) Parties to the contract
  • (b) Persons who are not parties to the document
  • (c) Both (a) and (b)
  • (d) None of the above
Answer is B is correct. As per Section 99 of the Indian Evidence Act, Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. Therefore option (b) is the correct answer.
Question5:- Burden of proof is defined under which provision of Indian Evidence Act
  • (a) Under Section 101 of the Act
  • (b) Not defined
  • (c) Under Section 102 of the Act
  • (d) Both (a) and (c)
Answer is B is correct. Burden of proof is not defined under criminal law. It means an obligation to prove a fact. It is an accepted principle that the burden of proof is always on prosecution. Therefore option (b) is the correct answer.
Question6:- The burden to establish the plea of self-defence is on whom and the burden stands discharged by showing
  • (a) The burden is on prosecution and it is to be proved by showing preponderance of probability in favour of that plea
  • (b) The burden is on accused and it is to be proved by showing preponderance of probability in favour of that plea
  • (c) The burden is on prosecution as well later the burden shifts upon accused and it is to be proved beyond reasonable doubt in favour of that plea
  • (d) The burden is on accused and it is to be proved beyond reasonable doubt in favour of that plea
Answer is B is correct. As per Section 105 of Indian Evidence Act, the burden of proving that the case of accused comes within exception lies upon the accused only and he has to prove by showing preponderance of probability in his favour. Therefore option (b) is the correct answer.
Question7:- What essential change was made in section 154 of the Indian Evidence Act, 1872 vide Criminal Law (Amendment) Act, 2005 ?
  • (a) Two statements sought to be contradicted in addition should be drawn to previous Statement
  • (b) The party is entitled to rely on any part of the evidence of the witness to whom he has called to put any question to him, which might be put in cross-examination by the adverse party
  • (c) Corroborating a witness by questioning him on surrounding circumstances
  • (d) Former statement of witness may be proved to corroborate later testimony as to same fact.
Answer is B is correct. As per section 154 it has been stated that nothing in this section shall disentitle the person so permitted to rely on any part of the evidence of such witness. Therefore option (b) is the correct answer.

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