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Latest RPSC JLO Evidence Act Paper 3 Exam Question (Objective Questions), MCQ in English

Subjects : Evidence Act

Question Bank RPSC JLO Evidence Act Exam Paper 3 - English
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Evidence Act

Question 1Single Answer
Where the consent or the quality of consent of the victim woman is on the issue in the cases under Sections 354 and 376, Indian Penal Code, 1860 the evidence of the character or previous sexual experience of the victim woman is Criminal Law
  1. A
    Relevant
  2. B
    Not relevant
  3. C
    Dependent on the discretion of the Court
  4. D
    Dependent on the facts and circumstances of the case
Question 2Single Answer
In the prosecution of a rape case under Section 376 of the Indian Penal Code, 1860, what is the presumption as to absence of consent ?
  1. A
    The victim woman gave consent
  2. B
    The victim woman did not give consent
  3. C
    Dependent on the discretion of the Court
  4. D
    Dependent on the facts and circumstances of the case
Question 3Single Answer
By the Criminal Law (Amendment), Act, 2013, for Section 119 of the Indian Evidence Act, 1872, what new section has been substituted ?
  1. A
    A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs
  2. B
    Such writing must be written and signed by the witness in open Court, and evidence so given shall be deemed to be oral evidence
  3. C
    If the witness is unable to communicate verbally, the Court Shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be videographed
  4. D
    All of the above
Question 4Single Answer
According to the (Amendment) Act, 2013, in the proviso to Section 146 of the Indian Evidence Act, 1872, a new provision has been substituted to the effect that for proving consent of the victim woman or the quality of consent in a prosecution for an offence under Section 376, Section 376 - A, Section 376 - B, Section 376 - C, Section 376 - D or Section 376 - E of the Indian Penal Code, 1860 or for attempt to commit any such offence, where the question of consent is in issue
  1. A
    It shall not be permissible to adduce evidence in the cross-examination of the victim woman as to her general immoral character or previous sexual experience
  2. B
    It shall not be permissible to put questions in the cross - examination of the victim woman as to her general immoral character or previous sexual experience
  3. C
    (1) and (2)
  4. D
    Neither (1) nor (2)
Question 5Single Answer
Law of evidence is
  1. A
    lex loci
  2. B
    lex fori
  3. C
    lex tallienis
  4. D
    lex situs
  5. E
    lex communis
Question 6Single Answer
Relevancy and admissibility are
  1. A
    Synonymous
  2. B
    Co - extensive
  3. C
    Both synonymous and co - extensive
  4. D
    Neither synonymous nor co - extensive
Question 7Single Answer
Under the Indian Evidence Act, 1872, fact means
  1. A
    factum probans
  2. B
    factum probandum
  3. C
    Both factum probans and factum probandum
  4. D
    None of the above
Question 8Single Answer
Confessions which are made by any accused person outside the Court, i.e. to the police regarding discovery of facts, to wife, friend, neighbour or teacher are called
  1. A
    Judicial confessions
  2. B
    Extra - judicial confessions
  3. C
    Retracted confessions
  4. D
    None of the above
Question 9Single Answer
When at the trial, the accused person repudiates his previous confession, which was made by him before beginning of the trial, it is called
  1. A
    Judicial confession
  2. B
    Extra - judicial confession
  3. C
    Retracted confession
  4. D
    Admission
Question 10Single Answer
Under Section 8 of the Evidence Act, is relevant .
  1. A
    Motive
  2. B
    Preparation
  3. C
    Previous or subsequent conduct
  4. D
    All of the above
Question 11Single Answer
Mode of proof of custom has been provided in the Indian Evidence Act, under
  1. A
    Section 13 (a)
  2. B
    Section 32 (4)
  3. C
    Section 32 (7)
  4. D
    Section 48
  5. E
    All of the above
Question 12Single Answer
Relating to a confession, which of the following words have not been given under Section 25, Indian Evidence Act, 1872 ?
  1. A
    Members of the Railway Protection Force
  2. B
    Custom Officers
  3. C
    Officers under the FERA
  4. D
    All of the above
Question 13Single Answer
In which Section of the Indian Evidence Act, "necessity - rule" as to the admissibility of evidence is contained ?
  1. A
    Section 30
  2. B
    Section 31
  3. C
    Section 32
  4. D
    Section 33
Question 14Single Answer
Under Section 68 of the Evidence Act, if a document is required by law to be attested, it shall not be used as evidence until atleast have / has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence -
  1. A
    All the attesting witnesses
  2. B
    Both the attesting witnesses
  3. C
    One of the attesting witnesses
  4. D
    Some other person
Question 15Single Answer
Documents produced for inspection of the Court, include
  1. A
    Photograph
  2. B
    Inscription on a metal plate or stone
  3. C
    Map
  4. D
    Caricature
  5. E
    All of the above
Question 16Single Answer
'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 jails are broken open. The occurrence of these facts is relevant, though 'A' may not have been present at all, because they
  1. A
    Form part of the general transaction
  2. B
    Form part of relevant facts of motive or preparation
  3. C
    Form part of relevant facts of previous or subsequent conduct
  4. D
    Facts which are cause or effect of facts in issue
Question 17Single Answer
Point for determination is whether at Jaipur, on a certain date, 'A' committed the offence of murder, The fact that 'A' was at Udaipur on that date, is relevant
  1. A
    In the form of preparation of relevant facts
  2. B
    They make the existence or nonexistence of any fact in issue highly probable or improbable
  3. C
    In the form of motive of relevant facts
  4. D
    In the form of subsequent conduct of relevant facts
Question 18Single Answer
What is the fact showing existence of state of mind, body or bodily feeling ?
  1. A
    Intention
  2. B
    Knowledge
  3. C
    Bona fide intent
  4. D
    Rashness or negligence
  5. E
    All of the above
Question 19Single Answer
According to Section 17 of the Indian Evidence Act, an admission is a statement
  1. A
    Oral, documentary or electronic
  2. B
    Oral or documentary
  3. C
    Documentary or electronic
  4. D
    Only documentary
Question 20Single Answer
Amongst the following confessions, which confession is inadmissible in evidence ?
  1. A
    Confession made by the accused whilst in the police custody made in the immediate presence of a Magistrate
  2. B
    Confession made whilst in the police custody made in the immediate prence of a doctor (Medical Officer)
  3. C
    Confession made whilst not in the police custody made before his mother
  4. D
    Confession made whilst not in the police custody made before his spiritual Guru, on the voice of his Soul
Question 21Single Answer
In a jointly tried case, a confession made by accused 'A' affecting himself and his co - accused 'B' may be used against 'B', in the form of a -
  1. A
    Substantial evidence
  2. B
    Hearsay evidence
  3. C
    Corroborative evidence
  4. D
    Documentary evidence
Question 22Single Answer
Leading case of Pakala Narain Swami vs, Emperor, relates to the subjectmatter of
  1. A
    Confession
  2. B
    Dying declaration
  3. C
    Estoppel
  4. D
    Statement of accomplice
  5. E
    Hostile witness
Question 23Single Answer
'A' goes from his house saying his wife that the wife of 'P' had called him to receive the due payment. After two days, his broken dead body was found in a trunk. In the trial of 'P' regarding murder of 'A', statement of 'A' given to his wife is
  1. A
    Admissible, because it relates to the facts and circumstances transaction, which resulted in the death of 'A'
  2. B
    Inadmissible, because it has no direct connection with the death of 'A'
  3. C
    Inadmissible, because 'A' did not tell his wife regarding the apprehended reason of his death
  4. D
    Partly admissible, because its admissibility depends upon the discretion of the Court
Question 24Single Answer
Amongst the following, which one is a primary evidence ?
  1. A
    Documents themselves produced for inspection of the Court
  2. B
    Photostat copies of the documents
  3. C
    Copies prepared from the original
  4. D
    Certified copies of documents
  5. E
    Oral statement of an eye - witness
Question 25Single Answer
In a murder case, the accused pleaded that he lost his self - control due to grave and sudden provocation, While denying this fact, the prosecution rebutted it. On whom burden of proof lies ?
  1. A
    Prosecution
  2. B
    Accused
  3. C
    Complainant
  4. D
    Both prosecution and accused
  5. E
    Dependent on the discretion of the Court
Question 26Single Answer
Amongst the following statements, which statement is true relating to the cross - examination ?
  1. A
    Leading questions may be asked in the cross - examination
  2. B
    Witnesses deposing regarding character may be cross - examined
  3. C
    In any case, a party is not entitled to cross - examine the witness called by himself
  4. D
    A person, who has been called to produce a document, may be crossexamined as a witness
  5. E
    Both (1) and (2)
Question 27Single Answer
If questions are asked without reasonable grounds by an advocate, to whom the Court may report ?
  1. A
    Superintendent of Police or Advocate General
  2. B
    High Court or State Bar Council
  3. C
    Will hear peacefully and decide amicably
  4. D
    Will proceed to take action considering it to be contempt of Court
Question 28Single Answer
Law of evidence is a branch of law
  1. A
    Adjective branch of procedural law
  2. B
    Branch of constitutional law
  3. C
    Branch of administrative law
  4. D
    Branch of international law
  5. E
    Substantive law
Question 29Single Answer
What acts are regulated by the law of evidence ?
  1. A
    Relevancy of facts and statements
  2. B
    Admissibility of proofs
  3. C
    Examinations of witnesses
  4. D
    Appreciation and reliability of evidence
  5. E
    All of the above
Question 30Single Answer
Whether the provisions of the Indian Evidence Act are applicable to the proceedings before an arbitrator ?
  1. A
    Yes
  2. B
    No
  3. C
    Dependent on the circumstances of the case
  4. D
    None of the above
Question 31Single Answer
Except the State of Jammu and Kashmir, the Indian Evidence Act, 1872 was extended, which came into force on
  1. A
    Ist May, 1872
  2. B
    Ist July, 1872
  3. C
    Ist September, 1872
  4. D
    2nd October, 1872
Question 32Single Answer
The Indian Evidence Act, 1872, does not apply to certain Courts / Cases, namely
  1. A
    Army Courts
  2. B
    Affidavits
  3. C
    Arbitrators
  4. D
    All of the above
Question 33Single Answer
Which statement is included in the definition of "fact" ?
  1. A
    State of things capable of being perceived by the senses
  2. B
    Mental condition of which any person is conscious
  3. C
    Reputation of a person
  4. D
    (1) and (2)
  5. E
    (1), (2) and (3)
Question 34Single Answer
What is meant by fact "not proved" ?
  1. A
    When the fact is not proved
  2. B
    When the fact is not disproved
  3. C
    When the fact is neither proved nor disproved
  4. D
    When the fact is rebutted
Question 35Single Answer
A conversation tapped in a taprecord or cassette may be admitted in evidence, if it is
  1. A
    Relevant
  2. B
    Recorded in a right way or correct method
  3. C
    Knowledge of voice
  4. D
    Not tampered with
  5. E
    All of the above
Question 36Single Answer
'A' is accused of the murder of 'B' by beating him ('B'), Conversation between 'A' or 'B' or by - standers at the time of beating or so shortly before or after it, is a relevant fact, because it
  1. A
    Forms part of the same transaction
  2. B
    Constitutes a motive, preparation or conduct for any fact in issue or relevant fact
  3. C
    Is plea of the accused showing his presence elsewhere
  4. D
    Is opinion of an expert
Question 37Single Answer
The question is whether 'A' robbed 'B', The facts that, shortly before robbery, 'B' went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant, because
  1. A
    It is a part of the same transaction, i.e. res gestae
  2. B
    It is occasion, cause or effect of facts in issue
  3. C
    It is a plea of alibi of the accused
  4. D
    It is opinion of an expert
Question 38Single Answer
Identification of the accused persons relates to Section of the Indian Evidence Act -
  1. A
    Section 6
  2. B
    Section 11
  3. C
    Section 9
  4. D
    Section 27
Question 39Single Answer
'A' is accused of a certain offence. After commission of the alleged offence, he attempted to conceal the property acquired from the offence and absconded, These facts are relevant, because
  1. A
    By the nature of the transaction, explanation of the relevant facts is revealed
  2. B
    It reveals the subsequent conduct of the accused
  3. C
    The act of the accused was intentional, and not an accidental act
  4. D
    Plea of alibi of the accused
Question 40Single Answer
'A' is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant, because
  1. A
    The cries are explanatory of the nature of the transaction
  2. B
    They relate to subsequent conduct of the accused
  3. C
    The act of the accused was intentional, and not an accidental act
  4. D
    Plea of alibi of the accused
Question 41Single Answer
'A' is accused of fraudulently delivering to 'B' a counterfeit rupee. Soon before the delivery to 'B', 'A' delivered counterfeit rupees to 'C', 'D' and 'E' are relevant, because
  1. A
    By the nature of the transaction, explanation of the relevant fact is revealed
  2. B
    It reveals subsequent conduct of the accused
  3. C
    The act of the accused was intentional, and not an accidental act
  4. D
    Plea of alibi of the accused
Question 42Single Answer
The question is whether on 01.01.2009 'A' committed a crime of murder at Jodhpur. Whereas, factually it has been proved that at the time and day of the occurrence, 'A' was at Bangalore, It is a relevant fact, because
  1. A
    By the nature of the transaction, explanation of the relevant fact is revealed
  2. B
    It reveals subsequent conduct of the accused
  3. C
    The act of the accused was intentional, and not an accidental act
  4. D
    Plea of alibi of the accused
Question 43Single Answer
'A' is tried for the murder of 'B' by poisoning, The fact that before the death of 'B', 'A' procured poison similar to that which was administered to 'B' is relevant, because it constitutes ________ of the relevant fact or fact in issue of the, alleged offence .
  1. A
    Motive
  2. B
    Preparation
  3. C
    Attempt
  4. D
    Occasion
Question 44Single Answer
Under Section 7 of the Indian come / s within the Evidence Act, ambit of relevant facts .
  1. A
    Occasion
  2. B
    Cause
  3. C
    Effect
  4. D
    All of the above
Question 45Single Answer
Under Section Evidence Act, purview of relevant facts, 8 of the Indian come / s within the
  1. A
    Motive
  2. B
    Preparation
  3. C
    Previous and subsequent conduct
  4. D
    All of the above
Question 46Single Answer
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, whether they occurred at the same time and place or at different times and places, are called
  1. A
    Res gestae
  2. B
    Relevant fact
  3. C
    Actus reus
  4. D
    Fact in issue
  5. E
    Ejusdem generis
Question 47Single Answer
'A', while inflicting knife - injuries to 'B', intentionally caused his death, In the trial of 'A', which fact is fact in issue ?
  1. A
    Inflicting knife - injuries to 'B' by 'A'
  2. B
    Intention of 'A' to cause death 'B'
  3. C
    While inflicting knife - injuries by 'A' to'B', causing death of 'B', A's act was ufficient in the ordinary course of nature to cause his death
  4. D
    All of the above
Question 48Single Answer
'A' is accused of defaming 'B' by publishing an imputation intended to harm the reputation of 'B', 'A' also published such imputations previously against 'B', This fact is relevant, because of
  1. A
    Ill - will - mental state of 'A'
  2. B
    Plea of alibi of the accused
  3. C
    res gastae
  4. D
    None of the above
Question 49Single Answer
A confession cannot be proved against the accused, if such confession has been caused by
  1. A
    Inducement
  2. B
    Threat
  3. C
    Promise
  4. D
    All of the above
Question 50Single Answer
It is general rule of law that in all circumstances, there should be direct evidence, What are the exceptions to this rule ?
  1. A
    Admissions
  2. B
    Confessions
  3. C
    Dying declarations
  4. D
    Public documents
  5. E
    All of the above
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