Evidence Act MCQ Quiz in తెలుగు - Objective Question with Answer for Evidence Act - ముఫ్త్ [PDF] డౌన్‌లోడ్ కరెన్

The correct answer is option 4.Key Points

• In the context of the Indian Evidence Act, 1872, a "leading question" is a question that suggests the answer to the witness or puts words into the witness's mouth.
• Example: 
  • Non-Leading: "What did you see when you arrived at the scene?"
  • Leading: "You saw the red car, didn't you?"
• Section 142 of Indian Evidence Act 1872 says when leading question must not be asked.
• Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.
• The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
• Section 143 of Evidence Act 1872 says leading questions may be asked in cross-examination. 

The correct option is Both (1) and (2). (Some states treat it as only documentary evidence.) 

Key Points

• A fact may be proved either by oral evidence or documentary evidence.
• There are two methods, one by producing the witness of fact and getting his deposition which is called oral evidence, and second by producing a document which records a fact, which is called documentary evidence.
• Section 3:-It defines what evidence is oral and documentary.
• Both oral evidence and documentary evidence carry equal weightage in their acceptance as evidence.
• Rules governing two kinds of evidence:-
• Sections 59 and 60 deal with rules of oral evidence whereas sections 61 to 90 deal with rules of documentary evidence.
• Oral Evidence:-
  • Section 3 defines oral evidence as “All the statements which the court permits or requires to be made before it by witnesses to the matter under inquiry such statements are called as Oral Evidence".
  • Section 59:- It says all facts except the contents of a document or electronic records may be proved by oral evidence.
  • Section 59 makes it clear that all the facts except those which are contained in documents be proved by oral evidence, which includes electronic documents, which are considered as documents after the IT Act 2000 has been passed.
• Modes of proof of the contents of the document:-
  • Section 61-: Proof of contents of documents- The contents of documents may be proved either by Primary or Secondary evidence.
  • Section 62:- Primary evidence:- Primary evidence means the documents itself produced for the inspection of the Court.
  • Secondary Evidence:- Section 63 of the Indian Evidence Act defines the term "Secondary Evidence".
• ​Case:- Shri Rama Reddy V. Giri
  • The Court held that the proposition like any document such as the tape record itself was "primary and direct evidence" admissible of what had been said and picked up by the receiver".

The correct option is not an evidence.

Key Points

• Affidavit:-
  • It is a statement or a declaration in writing.
  • Made under oath or on affirmation.
  • Before a Court, a Magistrate or Officer has the authority to administer an oath or affirmation.
• Affidavit and the Indian Evidence Act:-
  • The Indian Evidence Act does not apply to affidavits presented to any Court or Officer.
  • An Affidavit is not evidence under the India Evidence Act.
  • If a Fact is allowed to be proved by an affidavit by C.P.C, Cr.PC or any other law, it can be proved by affidavit notwithstanding the provision of the Indian Evidence Act.
• Section 3 of the Indian Evidence Act defines "document".
• Section 3:- It says"any matter expressed or described upon any substance using letters, figures, or marks, or by more than one of those means, intended to be used or which may be used to record that matter."

The correct option is Conclusive proof.

Key Points

• Conclusive proofs are final and cannot be rebutted by any other evidence suggesting the contrary.
• Section 4 of the Indian Evidence Act speaks about "CONCLUSIVE PROOF”.
• There are certain legal aspects which prove the existence of certain facts and are follows as:- 
  1. Proved
  2. Disproved. 
  3. Not proved.
  4. Conclusive proof.
• Section 4 of the Indian Evidence Act says:-
  • May presume
  • Shall presume
  • Conclusive proof
• Conclusive proof is "Conclusive of the one fact, compared to other as proved, and shall not allow evidence to be given for the purpose to disprove it”.
• In other words, we say that "if one fact is proved, there is no requirement to prove the existence of other coexisting facts".
• Example:-
  • A child born to a woman before 137 days of divorce is considered a legitimate child of her former husband. Here, no need to prove that such a child born after divorce is legitimate.
  • 'A' flies from Mumbai to Delhi in an aircraft. In this example, it is necessary to prove that A has got inside the aircraft after stepping on the ladder. Stepping on the ladder and being present inside the plane at Mumbai airport need not be proved. This fact is associated with journeys by aircraft. The defendant is estopped from denying this truth.
  • Lightning itself proved when we heard thunder from inside our home.
• So, we say that conclusive proof is concrete and proved by itself with facts associated with it.
• The Court shall presume or Court may presume on the existence of a certain fact.
• But inconclusive proof, the court or any prudent man shall believe the existence of certain facts as true. and no need to lead further evidence.
• Conclusive proof is based on the principle "IF ONE FACT IS PROVED, THE OTHER FACT ASSOCIATED WITH IT NEED NOT BE PROVED”

The correct answer is option 2

 Key PointsSection 93 of the Evidence Act provides that when the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts that would show its meaning or supply its defects. 

Illustrations
(a) A agrees, in writing, to sell a horse to B for “Rs. 1,000 or Rs. 1,500”. Evidence cannot be given to show which price was to be given.
(b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled.

The correct answer is option 3.

Key Points

 Section 105 of the Indian Evidence Act, 1872. Burden of proving that case of accused comes within exceptions - When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code, or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. 

The correct answer is Option 3.

Key Points

•  As per section 143 of the Indian Evidence Act 1872, Leading questions can be asked during cross-examination. 
• as per section 137 of the act, the examination of a witness by the adverse party shall be called his cross-examination.
• Section 141 of the Evidence Act defines the leading question. It says any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question. 
• A question is leading one when it indicates to the witness the real or supposed fact which the examiner expects and desires to be confirmed by the answer. 
• Leading questions cannot be ordinarily asked in examination-in-chief or re-examination. 
• The purpose of examination-in-chief is to enable the witness to tell the court in his own words the relevant facts of the case. Therefore, if leading questions were permitted, the lawyer questioning them would be able to construct a story that suits his clients. 

The correct answer is Option 3. 

Key Points The 69th Report of the Fifth Law Commission of India states that Section 27 of the Indian Evidence Act is based on the theory of confirmation by discovery of subsequent facts. 
Section 27 states that: 

• A person accused of an offense must provide information
• The person must be in police custody
• The information must be relevant to the issue
• The information must relate distinctly to the fact

Section 27 requires that in all judicial proceedings, evidence must be obtained. 

Additional Information

•  In Pandu Rang Kallu v. State of Maharastra, AIR 2002, it was held by Supreme Court that Section 27 of Evidence Act was enacted as proviso to. The Provisions of Section 25 and Section 26, which imposed a complete ban on admissibility of any confession made by accused either to police or at any one while in Police custody. Nonetheless the ban would be lifted if the statement is distinctly related to discovery of facts. The object of making provision in Section 27 was to permit a certain portion of statement made by an accused to Police officer admissible in evidence whether or not such statement is confessional or non-confessional. 
• In Suresh Chandra Bahri v. State of Bihar, AIR 1994, it the discovery and seizure of articles used in wrapping the dead body and pieces of Sari belonging to the deceased was made at the instance of one accused. Such discovery was made soon after the arrest of the accused. Articles recovered were neither visible nor accessible to the people but were hidden under the ground. No public witness was examined by the prosecution in this behalf. However, the evidence of Investigation officer did not suffer from any doubt or infirmity. Articles discovered were duly identified by the witnesses. It was held that in these circumstances, failure of investigation officer to record the disclosure of statement was not fatal. 

The correct option is Section 6.

Key Points

• Res-Gestae 
  • This form has a Latin origin which means a thing-done.
  • This was originally used by the Romans.
  • English writers described it as the facts forming part of the same transaction.
• Definition of Res Gestae:-
  • It may be broadly defined as matter incidental to the main fact and explanatory of it, including acts and words which are so closely connected as to amount to a part of the same transaction.
• Section 6 of the Indian Evidence Act, of 1872 based on "Doctrine of res gestae".
• According to Section 6 of the Evidence Act, the following are the conditions for the principle of 'Res Gestae' to apply:-
  • Any fact which is not itself a fact in dispute is connected with a fact in dispute.
  • Any fact is connected in such a way that it is part of the same transaction.
  • Such facts do not need to be present at the place of the incident and at the time of the incident.
• Essential Elements of Res Gestae
  • There must as a fact.
  • The fact must be connected with as fact in the issue.
  • They occurred at the same time and place at different times and places.
• Illustrations of Res Gestae
  • An injured person's cry.
  • A shot sound of a bullet.
  • The person being attacked is crying for help.
  • Gestures made by a person dying.