Indian Evidence Act - Practice Test

[#1496] Out of the following which is not a secondary evidence?

(A) Copies made from the original by mechanical process

(B) Copies made from or compared with the original

(C) Oral accounts of the contents of a document given by a person who has himself seen it

(D) Oral account of a Photograph

Correct Answer

(D) Oral account of a Photograph

[#1497] In which of the following cases has the Supreme Court summarized and reiterated the rule of inadmissibility of confession made to Police Officer in Police custody?

(A) Pawan Kumar v. State of Uttar Pradesh

(B) Ram Krishna Mishra v. State of Uttar Pradesh

(C) Indra Dalal v. State of Haryana

(D) State of Delhi v. V. C. Shukla

Correct Answer

(C) Indra Dalal v. State of Haryana

[#1498] 'B', 'C' and 'D' never saw 'A' writing. But they give their opinion about the handwriting of 'A'. The opinion of which one is relevant?

(A) Of 'B', because 'B' is a merchant in Delhi. 'A' has written many letters addressed to 'B'

(B) Of 'C' because 'C' is a clerk of 'A' 'C's duty was to examineand file A's correspondence

(C) Of 'D' because 'D' is Z's broker to whom Z habitually submitted the letters purporting to Bwritten by 'A' for the purpose of his advice

(D) Of all the above

Correct Answer

(D) Of all the above

Explanation

Solution: Definition of Relevant Opinion under the Indian Evidence Act: Under Section 47 of the Indian Evidence Act, when the court has to form an opinion as to the handwriting of any person, the opinion of someone who is acquainted with the handwriting of that person is relevant. A person is said to be acquainted with the handwriting if: 1. They have seen the person write. 2. They have received documents written by that person in response to communications addressed to them. 3. They have dealt with documents containing that person’s handwriting in the course of their official duties. Explanation of the Correct Answer: The correct answer is Option D: Of all the above. Each of the individuals—B, C, and D—has a legitimate basis for being acquainted with A’s handwriting: 1. 'B' (Option A): 'B' is a merchant in Delhi who has received many letters written by 'A'. Since 'B' has received multiple letters directly from 'A', he is familiar with A’s handwriting, making his opinion relevant under Section 47 of the Indian Evidence Act. 2. 'C' (Option B): 'C' is a clerk of 'A' whose duty was to examine and file A’s correspondence. Since 'C' has regularly handled A’s documents as part of his job, he is well-acquainted with A’s handwriting, making his opinion relevant. 3. 'D' (Option C): 'D' is Z’s broker, and Z habitually submitted letters purportedly written by 'A' to 'D' for advice. Since 'D' has regularly reviewed and advised on A’s letters, he has had repeated exposure to A’s handwriting, making his opinion relevant. Since all three individuals ('B', 'C', and 'D') meet the legal criteria for being acquainted with A’s handwriting, the opinion of all of them is relevant under Section 47 of the Indian Evidence Act. Thus, the correct answer is Option D: Of all the above.

[#1499] The privilege to withhold the documents/information under the administrative law is enacted in which of the following Sections of the Evidence Act?

(A) Section 120

(B) Section 126

(C) Section 123

(D) Section 98

Correct Answer

(C) Section 123

Explanation

Solution: Definition of Privilege to Withhold Documents/Information: Under the Indian Evidence Act , certain documents or information can be withheld from disclosure on the grounds of public interest, privilege, or confidentiality. This is particularly relevant in cases involving state secrets, confidential communications, and official records . Explanation of the Correct Answer: The correct answer is Option C: Section 123. Section 123 of the Indian Evidence Act: This section states that: No one shall be permitted to give any evidence derived from unpublished official records relating to affairs of state, except with the permission of the head of the department concerned, who shall decide whether such disclosure would be in the public interest. This means that if a document is an unpublished official record concerning state affairs, it cannot be disclosed without the government's approval. This privilege is granted to protect sensitive information that may affect national security, public administration, or other governmental functions. Explanation of Other Options: Option A: Section 120 – Incorrect. This section deals with the competency of witnesses, stating that a husband or wife can testify against each other in civil or criminal proceedings. Option B: Section 126 – Incorrect. This section relates to professional communication between an attorney and a client, preventing an advocate from disclosing confidential communications made during their professional engagement. Option D: Section 98 – Incorrect. This section deals with the interpretation of words in documents and does not concern the privilege to withhold information. Thus, the correct answer is Option C: Section 123 , as it explicitly addresses the privilege of withholding official documents/information under administrative law.

[#1500] Section 27 of the Indian Evidence Act, 1872, permits the use of discovery evidence, which lays down strictly as to how much of the information contained in the statement of the accused is made admissible. Which one of the following information is relevant under this Section?

(A) That relates to only the place of occurrence

(B) That relates to nature of the object

(C) That relates to the past user of the object

(D) Information given by the accused, as relates distinctly to the fact thereby discovered

Correct Answer

(D) Information given by the accused, as relates distinctly to the fact thereby discovered

Explanation

Solution: Definition of Section 27 of the Indian Evidence Act, 1872: Section 27 of the Indian Evidence Act deals with the admissibility of information given by an accused in police custody, but only to the extent that it distinctly relates to the discovery of a fact. This section provides an exception to the general rule that confessions made to the police are inadmissible. Explanation of the Correct Answer: The correct answer is Option D: Information given by the accused, as relates distinctly to the fact thereby discovered. Scope of Section 27: This section allows only that portion of the accused’s statement to be admitted as evidence, which directly leads to the discovery of a material fact. The rationale behind this is that if a fact is discovered based on the accused’s statement, it provides corroborative evidence, thereby strengthening the prosecution’s case. Essential Conditions for Section 27 to Apply: The person giving the information must be an accused. The information must be given while the accused is in the custody of the police. The information must lead to the discovery of a fact. Only that part of the statement which directly relates to the discovery of the fact is admissible. Illustration: If an accused in police custody states, "I have hidden the murder weapon under the bridge," and the weapon is found as a result of this statement, only the fact that the weapon was found based on the accused’s statement is admissible, not the entire confession. Explanation of Other Options: Option A: That relates to only the place of occurrence – Incorrect. Section 27 is concerned with facts discovered through the accused’s statement, not merely the place of occurrence unless something material is discovered there. Option B: That relates to nature of the object – Incorrect. The nature of the object alone is insufficient. The section applies only when an object is discovered based on the accused’s statement. Option C: That relates to the past user of the object – Incorrect. The past use of an object does not satisfy the requirements of Section 27 unless it leads to a tangible discovery. Thus, the correct answer is Option D: Information given by the accused, as relates distinctly to the fact thereby discovered.

Indian Evidence Act - Study Mode

[#1496] Out of the following which is not a secondary evidence?

Correct Answer

[#1497] In which of the following cases has the Supreme Court summarized and reiterated the rule of inadmissibility of confession made to Police Officer in Police custody?

Correct Answer

[#1498] 'B', 'C' and 'D' never saw 'A' writing. But they give their opinion about the handwriting of 'A'. The opinion of which one is relevant?

Correct Answer

Explanation

[#1499] The privilege to withhold the documents/information under the administrative law is enacted in which of the following Sections of the Evidence Act?

Correct Answer

Explanation

[#1500] Section 27 of the Indian Evidence Act, 1872, permits the use of discovery evidence, which lays down strictly as to how much of the information contained in the statement of the accused is made admissible. Which one of the following information is relevant under this Section?

Correct Answer

Explanation