The Evidence Act, 1872 Model Test 4 (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.

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Evidence Act Model Test 4 (English)

The Evidence Act, 1872

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

Admissibility of the evidence under section 122 of Evidence Act has to be adjudged

A) in the light of the status, on the date when the evidence is to be given in the court

B) in the light of the status on the date when the communication was made

C) either (a) or (b) or (c)

D) in the light of the status, on the date when the communication is sought to be tendered in court

2 / 50

For presumption of death under section 108 of Evidence Act, the person is shown to be not heard for a period of

A) 12 years

B) 7 years

C) 3 years

D) 30 years

3 / 50

In criminal trials, it is bound to presume

A) the absence of the case of the accused falling in any general or special exceptions or the proviso to the provision under which the accused is charged

B) both (a) & (b) and not (c)

C) that the case of the accused falls in proviso to the provision under which he is charged

D) that the case of the accused falls in any of the general or special exceptions

4 / 50

Section 112 of Evidence Act applies when there is a dispute regarding

A) either (a) or (b)

B) maternity of a child

C) paternity of a child

D) both (a) & (b)

5 / 50

Estoppel can be

A) all the above

B) by deed resulting from entering into a solemn engagement as to certain facts

C) by pais arising from agreement or contract and from act or conduct of misrepresentation resulting in a change of position

D) by matter of record resulting from the judgment of a competent court

6 / 50

The doctrine of estoppel is a

A) law of pleadings

B) substantive law

C) rule of evidence

D) rule of equity

7 / 50

Under section 116 of Evidence Act, the tenant is estopped

A) from denying the title to the property, of the landlord

B) from denying the title to the property, of the actual owner

C) both (a) & (b)

D) only (b) & not (a)

8 / 50

Estoppel

A) need not be specifically pleaded

B) may be specifically pleaded or may not be specifically pleaded

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

D) should be specifically pleaded

9 / 50

Rule of estoppel of tenants and of licence of person in possession is contained in

A) section 118 of Evidence Act

B) section 119 of Evidence Act

C) section 116 of Evidence Act

D) section 117 of Evidence Act

10 / 50

In cases a child is born within 280 days of dissolution of marriage, the mother remaining unmarried, the presumption of legitimacy of child under section 112 of Evidence Act arises

A) if the father is not alive on the day the child is born

B) either in (a) or (b)

C) irrespective of whether the father is alive or dead on the day the child is born

D) if the father is alive on the day the child is born

11 / 50

In which of the following there is no estoppel

A) attestation of a deed

B) against a statute

C) all the above

D) on a point of law

12 / 50

Presumption as to dowry death is contained in

A) section 111A of Evidence Act

B) section 113A of Evidence Act

C) section 113B of Evidence Act

D) section 113 of Evidence Act

13 / 50

The deciding factor under section 112 of Evidence Act is

A) the date of birth or the date of conception depending

B) the date of birth of the child

C) only (b) & not (a)

D) the date of conception of the child

14 / 50

Presumption

A) is an evidence

B) shows on whom the burden of proof lies

C) is a proof

D) all the above

15 / 50

Section 114 of Evidence Act provides for certain

A) presumption of facts & law both

B) presumption of facts

C) rebuttable presumptions of law

D) irrebuttable presumptions of law

16 / 50

Privilege under section 121 of Evidence Act is

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

B) not available to an arbitrator

C) available to an arbitrator

D) may or may not be available to an arbitrator

17 / 50

An accomplice is

A) not a competent witness against an accused

B) a competent witness against an accused

C) cannot be a competent witness against an accused

D) either (a) or (c)

18 / 50

A tenant or licensee under section 116 of Evidence Act is estopped from denying the title of landlord

A) after the surrender of possession under tenancy or licence

B) after the creation of tenancy or licence

C) all the above

D) during the continuance of tenancy

19 / 50

Presumption under section 112 of Evidence Act is raised

A) when a child is born during the continuance of valid marriage

B) when a child is born within 280 days of dissolution of marriage, the mother remaining unmarried

C) in only (a) & not (b)

D) in both (a) & (b)

20 / 50

In criminal trials, the accused has to establish his plea mitigation or justification of an offence

A) either (a) or (c)

B) substantially

C) prima facie

D) beyond reasonable doubt

21 / 50

A dumb person is a competent witness as provided under

A) section 120 of Evidence Act

B) section 121 of Evidence Act

C) section 118 of Evidence Act

D) section 119 of Evidence Act

22 / 50

Section 108 of Evidence Act relates to

A) presumption of relationship

B) presumption of death

C) presumption of legitimacy

D) presumption of life

23 / 50

Estoppels are binding

A) upon strangers to the lis

B) upon litigating parties

C) upon privies of the litigating parties

D) both (a) & (b) only

24 / 50

The possession contemplated under section 110 of Evidence Act is

A) symbolic possession

B) actual physical possession

C) all the above

D) juridical possession

25 / 50

Husband & wife both are competent witness for & against each other

A) in criminal proceedings

B) in both civil & criminal proceedings

C) neither in civil nor in criminal proceedings

D) in civil proceedings

26 / 50

The estoppel in section 115 of Evidence Act

A) is an estoppel by pais

B) is an estoppel by record

C) is an estoppel by deed

D) all the above

27 / 50

Estoppel deals with

A) neither (a) nor (b)

B) question of right

C) question of facts

D) both (a) & (b)

28 / 50

Under section 118 who amongst the following are competent witnesses

A) all the above

B) accused

C) lunatic

D) child

29 / 50

Presumption under section 113A of Evidence Act can be raised if the suicide by the married woman is committed

A) within 5 years of marriage

B) within 7 years of marriage

C) within 1 year of marriage

D) within 3 years of marriage

30 / 50

Section 121 of Evidence Act provides for privilege in respect of

A) judges & magistrates

B) husband & wife

C) affairs of the state

D) official communication

31 / 50

Section 112 of Evidence Act provides for

A) presumption of death

B) presumption of marriage

C) presumption of legitimacy

D) presumption of life

32 / 50

Privilege in respect of judges & magistrates under section 121 of Evidence Act relates to

A) both (a) & (b)

B) questions which a witness cannot be compelled to answer

C) neither (a) nor (b)

D) questions which a witness cannot be permitted to answer

33 / 50

Estoppel

A) neither (a) nor (b) is correct

B) is a cause of action in itself

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

D) creates a cause of action

34 / 50

Section 112 of Evidence Act contains

A) a mixed presumption of fact & law

B) an irrebuttable presumption of law

C) a presumption of fact

D) a rebuttable presumption of law

35 / 50

A person is competent to testify

A) if he understands the question put to him

B) if he is able to give rational answers to those questions

C) if has both (a) & (b)

D) if has (a) only and not (b)

36 / 50

The principle that possession is prima facie proof of ownership is contained in

A) section 112 of Evidence Act

B) section 109 of Evidence Act

C) section 111 of Evidence Act

D) section 110 of Evidence Act

37 / 50

In criminal trials, the onus is on the accused to prove that his case falls in

A) any of the proviso to any provision

B) any of the special exception

C) any of the general exception

D) all the above

38 / 50

Estoppel can be

A) by silence

B) all the above

C) by election

D) by negligence

39 / 50

Estoppel is a rule of

A) both civil and criminal action

B) only (b) and not (a)

C) civil action

D) criminal action

40 / 50

The doctrine of estoppel is contained in

A) section 112 of Evidence Act

B) section 113 of Evidence Act

C) section 115 of Evidence Act

D) section 114 of Evidence Act

41 / 50

Presumption under section 114 of Evidence Act can be raised having regard to the common course of

A) public and private business

B) natural events

C) all of the above

D) human conduct

42 / 50

Section 110 of Evidence Act in its operation

A) is limited to moveable property

B) is not limited to immoveable property but applies only to certain moveable property

C) is limited to immoveable property

D) is not limited to immoveable property and applies to moveable property as well

43 / 50

For presumption under section 107 of Evidence Act, the person is to be shown to be alive

A) within 3 years

B) within 7 years

C) within 30 years

D) within 12 years

44 / 50

The presumption of continuance of life is contained in

A) section 106 of Evidence Act

B) section 107 of Evidence Act

C) section 108 of Evidence Act

D) section 109 of Evidence Act

45 / 50

The presumption under section 109 of Evidence Act as to certain human relationship

A) is obligatory and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

B) is permissive and operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts

C) is obligatory and arises irrespective of the lapse of time

D) either (b) or (c)

46 / 50

Estoppel operates in case of a tenant

A) who remain in possession after the termination of tenancy by notice to quit

B) only (a) and not (b)

C) both (a) and (b)

D) during the continuance of tenancy

47 / 50

Section 106 of Evidence Act is applicable

A) neither (a) nor (b)

B) to such matters which are capable of being known to the persons other than the defendant

C) both (a) & (b)

D) to such matters of defence which are supposed to be especially within the knowledge of the defendant

48 / 50

Presumption as to abetment of suicide by a married woman has been provided

A) under section 113B of Evidence Act

B) under section 113A of Evidence Act

C) under section 111A of Evidence Act

D) under section 113 of Evidence Act

49 / 50

Section 105 of Evidence Act applies to

A) both (a) & (b)

B) civil trials

C) criminal trials

D) neither (a) nor (b)

50 / 50

‘Any person’ in section 106 of Evidence Act refers to

A) a witness (Note: Your input lists 5 options; assuming (e) "all the above" is intended as 4, corrected accordingly)

B) a person who is not a party to the suit but interested in the outcome of the suit

C) a party to the suit

D) a stranger to the state

The average score is 0%

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The Evidence Act, 1872 Model Test 4 (English)

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