The Evidence Act, 1872 Model Test 3 (English)

Time Allowed30 Minutes

Total Questions50 MCQs

Total Marks50 Marks

Negative Marking-0.25 Marks

Qualifying Mark50% Pass

📜 Candidate Examination Guidelines (Click to expand)

The real-time countdown timer starts as soon as you begin the test.
Carefully select one correct option for each multiple-choice question.
A negative penalty of 0.25 marks is deducted for each incorrect answer.
Click Submit / Finish upon completion to review your immediate OMR scorecard and statutory explanations.

Time limit: 30 minutes. Complete the test within time.

সময় শেষ ধন্যবাদ।

Evidence Act Model Test 3 (English)

The Evidence Act, 1872

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Section 88A of Evidence Act provides for

A) only (b) but not (a)

B) presumption as to the electronic message forwarded corresponds with the message as fed in the computer

C) both (a) & (b)

D) presumption as to the person by whom the message is sent

2 / 50

A document required by law to be attested can be proved under section 68 of Evidence Act only

A) all of the above are correct

B) by calling at least one of the attesting witnesses

C) by calling none of the attesting witnesses but by calling some other person who has the knowledge of the contents

D) by calling both the attesting witnesses

3 / 50

Due execution and authentication of a power of attorney shall be presumed under section 85 of Evidence Act when executed before & authenticated by

A) a judge

B) all the above

C) a magistrate

D) a notary

4 / 50

Burden of proof under section 101 of Evidence Act

A) both (b) & (c) are correct

B) never shifts

C) may shift

D) goes on shifting as the trial proceeds

5 / 50

Public documents are mentioned in

A) section 74 of Evidence Act

B) section 73 of Evidence Act

C) section 72 of Evidence Act

D) section 75 of Evidence Act

6 / 50

Burden of proof is lightened by

A) all the above

B) presumptions

C) admissions

D) estoppels

7 / 50

A will is required to be proved by calling at least one attesting witness

A) when it is unregistered

B) when it is admitted

C) all of the above

D) when it is registered

8 / 50

Section 92 of Evidence Act is applicable to

A) disputes between the parties to the instrument only

B) disputes between a party to the instrument and a stranger

C) disputes between two strangers where the document is in question

D) all the above

9 / 50

Secondary evidence of a document is admissible as a substitute for

A) both (a) & (b) are correct

B) admissible primary evidence

C) inadmissible primary evidence under all the circumstances

D) inadmissible primary evidence under certain circumstances

10 / 50

Section 91 of Evidence Act applies to

A) both (a) & (b)

B) only (a) & not (b)

C) transactions which under the law must be in writing

D) transactions which are reduced into writing voluntarily

11 / 50

Burden of introducing evidence under section 102 of Evidence Act

A) occasionally shifts

B) only (a) and not (b) or (c)

C) never shifts

D) constantly shifts

12 / 50

Period of thirty years under section 90 of Evidence Act is to be reckoned from

A) the date on which the document is relied upon

B) the date on which the document is tendered in evidence, when its genuineness becomes a subject of proof

C) the date on which the document is filed in the court

D) all the above

13 / 50

In cases of Wills, the period of thirty years shall run

A) either (a) or (b)

B) from the date of registration of the Will, if registered

C) from the date of the will

D) from the date of the death of the testator

14 / 50

Oral account of the contents of a document is admissible

A) when given by a person who has seen but not read the document

B) when given by a person who has seen & read the document

C) when given by any of the above

D) when given by a person to whom the document was read over

15 / 50

Contents of a document under section 59 of Evidence Act

A) cannot be proved by oral evidence

B) can be proved by oral evidence

C) may or may not be proved by oral evidence

D) can only be proved by oral evidence under the order of the court

16 / 50

Extrinsic evidence to show the meaning or supply the defects in an instrument, is prohibited under section 93, in respect of

A) ambiguitas latens

B) both (a) & (b)

C) only (b) & not (a)

D) ambiguitas patens

17 / 50

Section 92 of Evidence Act applies to

A) unilateral documents

B) either (a) or (b)

C) bilateral documents

D) both (a) & (b)

18 / 50

Under proviso 4 to section 92 of Evidence Act, oral evidence is admissible in cases

A) all the above

B) where the contract has been registered under the law of registration of documents

C) where the contract has been written voluntarily & not required by laws to be so written

D) where the law required the contract to be in writing

19 / 50

Principle of omnia praesumuntur rite esse acta is contained in

A) section 78 of Evidence Act

B) section 79 of Evidence Act

C) section 81 of Evidence Act

D) section 80 of Evidence Act

20 / 50

Section 79 of Evidence Act applies to

A) certified copies issued by a Government officer

B) certificates issued by a Government officer

C) other documents duly certified to be genuine by a Government officer

D) all the above

21 / 50

Under section 83 of Evidence Act, presumption as to accuracy of maps & plans can be raised in respect of

A) maps & plans made by the authority of Government

B) both (a) & (b) above

C) only (a) & not (b)

D) maps & plans made by private persons

22 / 50

Mistake referred to in proviso 1 to section 92 of Evidence Act refers to

A) mutual mistake

B) unilateral mistake

C) both (a) & (b)

D) only (b) not (a)

23 / 50

The presumption under section 90 of Evidence Act can be drawn in respect of

A) original documents

B) uncertified copies

C) all the above

D) certified copies

24 / 50

Under section 92 of Evidence Act oral evidence to explain the real nature of the transaction is admissible

A) where the documents is complete in itself

B) where the document does not record all the terms of the contract

C) where the document records all the terms of the contract

D) all the above

25 / 50

The test of ascertaining on which side the burden of proof lies is contained in

A) section 103 of Evidence Act

B) section 101 of Evidence Act

C) section 102 of Evidence Act

D) section 100 of Evidence Act

26 / 50

Under proviso 2 to section 92 of Evidence Act oral evidence is admissible

A) where the instrument is silent on the matter sought to be proved and the agreement to be proved is inconsistent with the terms of the document

B) all the above

C) where the instrument provides for the matter sought to be proved and the agreement sought to be proved is consistent with the terms of the document

D) where the instrument is silent on the matter sought to be proved and the agreement to be proved is consistent with the terms of the document

27 / 50

Presumption as to the accuracy of maps & plans made by the authority of Government is contained in

A) section 81 of Evidence Act

B) section 83 of Evidence Act

C) section 82 of Evidence Act

D) section 84 of Evidence Act

28 / 50

Admissibility of electronic record has been prescribed under

A) section 65 of Evidence Act

B) section 65A of Evidence Act

C) section 66 of Evidence Act

D) section 65B of Evidence Act

29 / 50

Secondary evidence is admissible

A) where the non-production of primary evidence has not been accounted for

B) both (a) & (c) are correct

C) where the non-production of primary evidence has been accounted for

D) irrespective of whether the non-production of primary evidence has been accounted for or not

30 / 50

Burden of proof means

A) the burden of proof as to introduction of evidence

B) the burden of proof as a matter of law & pleadings is burden of establishing a case

C) both (a) & (b)

D) only (b) & not (a)

31 / 50

Section 92 of Evidence Act prohibits admission of oral evidence, in respect of a written document, for the purpose of

A) all the above

B) contradicting its terms

C) varying its terms

D) adding to its terms

32 / 50

Sections 79 to 85 of Evidence Act contain

A) irrebuttable presumptions of facts

B) irrebuttable presumption of law

C) rebuttable presumptions of law

D) presumption of facts

33 / 50

The calling of at least one attesting witness to prove a document under section 68 is not necessary

A) when the document irrespective of whether it is a Will, is registered under the Bangladeshi Registration Act, 1908

B) when the document other than a will is registered under the Bangladeshi Registration Act, 1908

C) when the document including Will is registered under the Bangladeshi Registration Act, 1908

D) both (b) & (c) are correct

34 / 50

Due execution of a document more than thirty years old coming from proper custody, is a

A) presumption of fact

B) presumption of fact & law both

C) irrebuttable presumption of law

D) rebuttable presumption of law

35 / 50

Burden of proof

A) partially determines the right to begin

B) substantially determines the right to begin

C) only (c) & not (a) or (b)

D) wholly determines the right to begin

36 / 50

Secondary evidence of a document means

A) oral account of the contents of the documents

B) copies of that document

C) only (a) & not (b)

D) both (a) & (b)

37 / 50

Section 91 of Evidence Act

A) permits admission of oral evidence to prove the contents of a document where the writing is a fact in issue

B) prohibits admission of oral evidence to prove the contents of a document, where the writing is a fact in issue

C) both (b) & (c)

D) prohibits admission of oral evidence to prove the contents of a document where the writing is not a fact in issue and is merely a collateral memorandum

38 / 50

The circumstances under which the secondary evidence is admissible have been enumerated in

A) section 65 of Evidence Act

B) section 63 of Evidence Act

C) section 66 of Evidence Act

D) section 64 of Evidence Act

39 / 50

Section 90 of Evidence Act applies to

A) testamentary documents

B) both testamentary and non-testamentary documents

C) none of the above

D) non-testamentary documents

40 / 50

Documents which are not covered under section 74 of Evidence Act are called

A) semi-public documents

B) quasi-public documents

C) all the above

D) private documents

41 / 50

Section 91 of Evidence Act

A) permits admission of oral evidence as to the existence or non-existence of a factum but prohibits admission of oral evidence of the terms of that factum, if in existence

B) prohibits admission of oral evidence as to the existence or non-existence of a factum

C) both (a) & (c)

D) prohibits admission of oral evidence as to the existence or non-existence of a factum and also the terms of the factum if in existence

42 / 50

Oral evidence of a fact invalidating the document is admissible

A) under proviso 2 to section 92 of Evidence Act

B) under proviso 6 to section 92 of Evidence Act

C) under proviso 1 to section 92 of Evidence Act

D) under proviso 4 to section 92 of Evidence Act

43 / 50

Which of the following is true as to the standard of proof in criminal & civil proceedings

A) In criminal proceedings the standard is beyond reasonable doubt and also in civil proceedings

B) In criminal proceedings it is "upon the balance of probabilities" while in civil "beyond reasonable doubt"

C) In criminal & civil proceedings both it is "upon the balance of probabilities"

D) In criminal proceedings the standard is beyond reasonable doubt while in civil proceedings it is "upon the balance of probabilities"

44 / 50

Contents of a document may be proved under section 61 of Evidence Act

A) by primary evidence

B) either by primary or by secondary evidence

C) only by primary evidence & not by secondary evidence

D) by secondary evidence

45 / 50

Maxim omnia praesumuntur rite esse acta means

A) all acts are presumed to be not wrongly done

B) all acts are presumed to be wrongly done

C) all acts are presumed to be rightly done

D) all acts are presumed to be not rightly done

46 / 50

The want or failure of consideration as contemplated under proviso 1 to section 92 of Evidence Act invalidating a document

A) is a substantial want or failure

B) may be complete or may be partial want or failure

C) is a partial want or failure

D) is a complete want or failure

47 / 50

Section 91 of Evidence Act applies to documents which are

A) unilateral

B) tripartite

C) all the above

D) bilateral

48 / 50

Electronic record in proper custody gives rise to a presumption as to the digital signature, to be affixed by that particular person under section 90A of Evidence Act if the electronic record produced is

A) 20 years old

B) 15 years old

C) 5 years old

D) 10 years old

49 / 50

Section 79 of Evidence Act contains

A) no presumption either of fact or law

B) a rebuttable presumption of law

C) a presumption of fact

D) an irrefutable presumption of law

50 / 50

Presumption as to the genuineness of gazettes in electronic form has been dealt with under

A) section 90A of Evidence Act

B) section 73A of Evidence Act

C) section 88A of Evidence Act

D) section 81A of Evidence Act

The average score is 0%

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