MCQ 19 December 2023

Daily Static MCQs for Judiciary Prelims Exams - (19 December 2023)



Question/ Answer
Question1:- “Incumbit probation qui dicit, non qui negat” is related to which provision of Indian Evidence Act
  • (a) Section 100
  • (b) Section 101
  • (c) Section 102
  • (d) Section 103
Answer is B is correct. Incumbit probation qui dicit, non qui negat means the burden of proving a fact rests on the party who substantially asserts the affirmative of the issue and not upon the party who denies it. It is related to Section 101 which talks about burden of proof. Therefore option (b) is the correct answer.
Question2:- The principle laid under Section 105 of the Indian Evidence Act applies to
  • (a) Only Civil cases
  • (b) Only criminal cases
  • (c) Both to civil and criminal cases
  • (d) Civil criminal and admiralty cases
Answer is B is correct. principle laid down under Section 105 of the act applies only to criminal trials. There is presumption of innocence in favour of accused as a general rule and the onus of proving the guilt lies on the prosecution is not followed under this provision.
Question3:- Section 106 of Indian Evidence Act is based upon which principle
  • (a) Res ipsa loquitor
  • (b) Res judicata
  • (c) Res sub judice
  • (d) Res Gestae
Answer is A is correct. As per Section 106 when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. It is based on the principle res ipsa loquitor which means things speak for itself. Therefore option (a) is the correct answer.
Question4:- Section 111 of Indian Evidence Act to be read with which provision of Indian Contract Act
  • (a) Section 14 of Indian Contract Act
  • (b) Section 15 of Indian Contract Act
  • (c) Section 16 of Indian Contract Act
  • (d) Section 17 of Indian Contract Act
Answer is C is correct. Section 111 of Indian Evidence Act states where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. This provision is read with Section 16 of Indian Contract Act which talks about undue influence. Therefore option (c) is the correct answer.
Question5:- In which case Supreme Court held that “Section 106 is only an exception to Section 101 which lays down the general rule that the burden is on the prosecution to prove that the accused has committed the offence which he is charged.”
  • (a) State of Rajasthan v. Kashi Ram
  • (b) Shambhu Nath Mehra v. State of Ajmer
  • (c) Dharam Pal v. State of Haryana
  • (d) Prithipal Singh v. State of Punjab
Answer is B is correct. The true scope and effect of Section 106 of the act was stated by Supreme Court in the case of Shambhu Nath Mehra v. State of Ajmer. Therefore option (b) is the correct answer.
Question6:- Presumption of survivorship is dealt under which provision of Indian Evidence Act
  • (a) Section 106
  • (b) Section 107
  • (c) Section 108
  • (d) Both (b) and (c)
Answer is B is correct. Presumption of survivorship is dealt under Section 107 of the Act. This section provides that if it appears that a person, whose present existence is in question, was alive within 30 years; nothing whatever appears to suggest the probability of his being dead, the court is bound to regard the fact of his still being alive as proved. Therefore option (b) is the correct answer.
Question7:- Burden of proof as to ownership under Section 110 of Indian Evidence Act applies to
  • (a) Movable property only
  • (b) Immovable property only
  • (c) Both movable and immovable property
  • (d) Movable, immovable and to intellectual properties
Answer is C is correct. When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner, word ‘anything’ shows that the provision deals with both movable and immovable property. Therefore option (c) is the correct answer.