The Evidence Act, 1872 Model Test 5 (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 5 (English)

The Evidence Act, 1872

Questions: 50
Full Marks: 50
Time: 30 Minutes

1 / 50

The landmark Supreme Court judgment laying down mandatory guidelines against arbitrary arrest and police remand (Section 54 and 167 CrPC) in Bangladesh is:

A) Parliament attack case (2006)

B) Naina Sahni case (2007)

C) BLAST vs Bangladesh (55 DLR 363)

D) Uphaar Cinema case (2005)

2 / 50

Dying declaration can be sole basis of conviction if it inspires full confidence of the court. The court should be satisfied

A) that it was not the result of tutoring, prompting or product of imagination

B) that deceased was in a fit state of mind at the time of making the statement

C) that deceased was not in a fit state of mind at the time of making the statement

D) both (a) & (b)

3 / 50

A husband or wife are permitted to disclose any communication between them during marriage

A) in civil proceedings between the parties

B) in matrimonial proceedings between the parties

C) all the above

D) in criminal proceedings between the parties

4 / 50

Protection under section 122 of Evidence Act is available to

A) a witness

B) either (a) or (b)

C) husband & wife as a witness

D) both (a) & (b)

5 / 50

Testimony of an accomplice before it is accepted & acted upon

A) must be corroborated from an independent source

B) either (a) or (c)

C) need not be corroborated at all

D) must be corroborated from the testimony of another accomplice

6 / 50

After re-examination of a witness, the adverse party has a

A) either (a) or (b)

B) right to further cross-examine the witness only when a new matter is introduced in the re-examination

C) has no right to further cross examine the witness

D) right to further cross-examine the witness afresh in general

7 / 50

Re-examination of a witness

A) all the above

B) can be for the purposes of explaining the matters referred to in cross-examination

C) can be for the purposes of filling what is left-over in examination in chief

D) can be for the purposes of explaining the matters referred to in the examination in chief

8 / 50

Examination-in-chief of a witness

A) either (a) or (b)

B) both (a) & (b)

C) shall be by the party calling the witness

D) shall be by the adverse party

9 / 50

Documents in respect of which privilege has been provided under section 123 of Evidence Act

A) is an unpublished official record

B) either (a) or (b)

C) is a published official record

D) both (a) & (b)

10 / 50

During re-examination of a witness

A) a new matter can be introduced only with the permission of the court

B) either (a) or (c)

C) no new matter can be introduced at all

D) a new matter can be introduced as a matter of right generally

11 / 50

During examination in chief or re-examination

A) leading questions cannot be asked under any circumstances

B) leading question on certain matter can be asked only with the permission of the court

C) leading questions on certain matters can be asked without the permission of the court, as a matter of right

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

12 / 50

Re-examination of a witness

A) shall be by the adverse party

B) both (a) & (b)

C) either (a) or (b)

D) shall be by the party calling the witness

13 / 50

The protection under section 126 of Evidence Act extends to

A) any fact observed showing the communication of any offence or fraud committed since commencement of employment

B) communication made in furtherance of any illegal design

C) neither (a) nor (b)

D) both (a) & (b)

14 / 50

To an answer to a court question, the adverse party

A) has a right to cross-examination as a matter of right

B) either (a) or (c)

C) has no right to cross-examine the witness

D) has a right to cross-examine only with the permission of the court

15 / 50

Under section 41 of Evidence Act the presumption is with respect to

A) judgment in rem whether such judgments are inter-partes or not

B) judgments in personam

C) judgments in rem when they are inter-partes

D) all the above

16 / 50

Under section 145 of Evidence Act; a witness may be cross-examined as to previous statement in writing

A) without proving the same but only after showing the same to the witness

B) without proving the same and without showing the same to the witness

C) only after proving the same & showing the same to the witness

D) only after proving the same, may be without showing the same to the witness

17 / 50

Section 162 of Cr PC

A) controls section 156 of Evidence Act

B) neither (a) nor (b)

C) controls section 157 of Evidence Act

D) both (a) & (b)

18 / 50

In which case the Supreme Court held that material evidence and not the number of witnesses has to be taken note to ascertain the truth of the allegations made

A) Rajinder v. State of Haryana, AIR 2006 SC 21

B) Jagdish Murav v. State of Uttar Pradesh, AIR 2007 SC 35

C) Syed Ibrahim v. State of Andhra Pradesh, AIR 2006 SC 2908

D) Surendra Prasad Tiwari v. State of Uttar Pradesh, AIR 2005 SC 125

19 / 50

An accomplice is a competent witness

A) under section 133 of Evidence Act

B) under section 132 of Evidence Act

C) under section 118 of Evidence Act

D) under section 119 of Evidence Act

20 / 50

A leading question has been defined as a question suggesting the answer which the person putting it wishes or expects to receive, under

A) section 141 of Evidence Act

B) section 140 of Evidence Act

C) section 143 of Evidence Act

D) section 142 of Evidence Act

21 / 50

Question as to admissibility of evidence

A) should be decided as they arise

B) either (b) or (c)

C) may be decided as they arise or may be reserved until judgment

D) should be reserved until judgment

22 / 50

Cross-examination of a witness

A) must relate to relevant facts but need not be confined to what the witness testified in examination in chief

B) must relate to relevant facts and has to be confined to what the witness testified in examination in chief

C) may not relate to relevant facts but must relate to what the witness testified in examination in chief

D) may not relate to relevant facts & may not be confined to what the witness testified in examination in chief

23 / 50

For protection under section 124 of Evidence Act, the communication is to be made

A) to a public officer as a routine matter

B) either (a) or (b) or (c)

C) to a public officer in official confidence

D) to a public officer as an ordinary cause of his duties

24 / 50

Which confession needs a closer scrutiny

A) confession made to officials who do not have investigation powers under NDPS Act

B) confession made to private citizens

C) when confessional statement found voluntary and free from pressure

D) confession made to officers under NDPS Act

25 / 50

A co-defendant in a case

A) can be cross-examined by another co-defendant when their interests adverse to each other

B) can be cross-examined by another co-defendant if their interests are identical

C) can be cross-examined by another co-defendant as a matter of right

D) cannot be cross-examined by another co-defendant under any circumstance

26 / 50

In deciding whether the document falls in the category of ‘unpublished official record’ the court

A) the court is banned from inspecting the document

B) the court can compel the production of the document for inspection

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

D) has the jurisdiction to inspect the documents itself

27 / 50

"Relationship is not a factor to affect credibility of a witness" held by the Supreme Court in

A) S. Sudershan Reddy v. State of Andhra Pradesh, AIR 2006 SC 2716

B) Minu Kumari v. State of Bihar, AIR 2006 SC 150

C) Renuka Bai v. State of Maharashtra, AIR 2006 SC 3056

D) Syed Ibrahim v. State of Andhra Pradesh, AIR 2004 SC 2596

28 / 50

Protection under section 122 of Evidence Act is

A) confined to confidential communication and not applicable to general communication between the husband & wife

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

C) not confined to confidential communications only but extends to communication of whatever nature

D) confined to confidential communication and may be extended to communications of general nature

29 / 50

Leading questions can be asked during

A) all the above

B) cross-examination

C) re-examination

D) examination in chief

30 / 50

Objections as to the admissibility of a document in evidence

A) all the above

B) can be made at any state during the trial

C) can be made at the first opportunity when the document is tendered in evidence

D) can be raised for the first time in appeal

31 / 50

An accomplice is a person

A) who is a pretended confederate

B) all the above

C) who participates in the commission of the crime for which the accused has been charged

D) who is an informer

32 / 50

A document containing a communication from a husband to a wife or vice versa, in the hands of a third person

A) is not admissible in evidence until consented to by the writer of the communication

B) either (a) or (b)

C) is not admissible in evidence at all

D) is admissible in evidence

33 / 50

Though the contempt proceedings are judicial proceedings, the strict rules of evidence contained in the Evidence Act do not apply to proceedings under the Contempt of Courts Act because

A) contempt proceedings are tried in higher judiciary

B) contempt of courts does not require enquiry and the investigation

C) contempt matters are governed by special Acts

D) of summary nature of inquiry

34 / 50

The professional privilege under section 126 of Evidence Act is available in respect of communication made

A) the cause of employment

B) for the purposes of professional employment

C) neither (a) nor (b)

D) both (a) & (b)

35 / 50

Where there are three different dying declarations, Higher Court is

A) not to uphold the conviction awarded by lower court

B) to go through the circumstantial evidence to uphold the conviction awarded by lower court

C) to rely upon the versions of witnesses to uphold the conviction awarded by lower court

D) to uphold the conviction awarded by lower court

36 / 50

Under section 145 of Evidence Act, a witness may be contradicted as to previous statement in writing

A) without proving the same but only after showing the same to the witness

B) after proving the same & showing the same to the witness

C) without proving the same and without showing the same to the witness

D) after proving the same may be before showing the same to the witness

37 / 50

Court questions can be put by virtue of

A) section 164 of Evidence Act

B) section 167 of Evidence Act

C) section 166 of Evidence Act

D) section 165 of Evidence Act

38 / 50

Legal advisor

A) can disclose the communication after the relation with his client has ended

B) cannot disclose the communication even when the relation is ended or the client has died

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

D) can disclose the communication after his client’s death

39 / 50

Section 124 of Evidence Act provides for privilege in respect of

A) professional communications

B) communications as to information of commission of offence

C) official communications

D) none of the above

40 / 50

Communication in respect of the affairs of the state are privileged communication on the grounds of public policy

A) under section 124 of Evidence Act

B) under section 126 of Evidence Act

C) under section 125 of Evidence Act

D) under section 123 of Evidence Act

41 / 50

Re-examination of a witness can be done

A) neither (a) nor (b)

B) after examination in chief but before cross-examination

C) either (a) or (b)

D) after examination in chief and after cross-examination

42 / 50

Zahira Sheikh was prime witness in

A) Best Bakery case (2004)

B) Sukh Ram disproportionate assets case (2005)

C) Best Bakery retrial case (2006)

D) Gujjar killings case (2003)

43 / 50

A communication made to the spouse during marriage, under section 122 of Evidence Act

A) remains privileged after the dissolution of marriage by divorce but not so on after death

B) does not remain privileged after the dissolution of marriage by divorce or death

C) remains privileged communication after the dissolution of marriage by divorce or death

D) does not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death

44 / 50

Examination of witnesses in criminal cases through video conferencing is

A) permissible

B) impermissible

C) permissible at the option of the witness

D) permissible at the option of the accused

45 / 50

A party/person who calls the witness can be permitted to cross-examine the witness so called by him, as provided

A) under section 154 of Evidence Act

B) under section 155 of Evidence Act

C) under section 153 of Evidence Act

D) under section 152 of Evidence Act

46 / 50

Court question under section 165 of Evidence Act can be put to

A) both (a) & (b)

B) any witness

C) any party

D) neither (a) nor (b)

47 / 50

Court can permit leading questions during examination in chief or re-examination

A) if they refer to the matters which are introductory

B) if they refer to the matters which are undisputed

C) if they refer to either (a) or (b) or (c)

D) if they refer to the matter which are sufficiently proved

48 / 50

Protection under section 122 of Evidence Act

A) cannot be waived by the witness under any circumstances

B) either (a) or (c)

C) can be waived by the witness without the consent of the husband or wife

D) can be waived by the witness with the consent of husband or wife, only

49 / 50

The right to cross-examine on an answer to court question is available

A) only (a) and not (b)

B) to the party calling the witness only

C) to the adverse party only

D) to either of the parties if the answer is adverse to either of the parties

50 / 50

The presumption under section 41 of Evidence Act is a

A) presumption of fact

B) rebuttable presumption of law

C) presumption of fact & law

D) irrebuttable presumption of law

The average score is 0%

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