MULTIPLE-CHOICE QUESTIONS WITH ANSWERS RELATED TO LAWS OF EVIDENCE: BURDEN OF PROOF/ PRESUMPTIONS/ CONCLUSIVE PROOF
In a criminal trial in India, the burden of proof lies on:
a) Defendant
b) Prosecutor
c) Both parties equally
d) The judge
Answer: b) Prosecutor
Which of the following is NOT considered a standard of proof in Indian law?
a) Beyond a reasonable doubt
b) Clear and convincing evidence
c) Preponderance of probabilities
d) Sufficient certainty
Answer: d) Sufficient certainty
In civil cases in India, the burden of proof rests on:
a) Plaintiff
b) Defendant
c) Judge
d) Jury
Answer: a) Plaintiff
Which of the following is a presumption under Indian Evidence Act, 1872?
a) Adverse inference from silence of an accused
b) Presumption of innocence until proven guilty
c) Presumption of legitimacy of a child born during marriage
d) Presumption of competency of a witness
Answer: c) Presumption of legitimacy of a child born during marriage
Conclusive proof in Indian law means:
a) Proof that cannot be rebutted
b) Proof that can be overturned by superior evidence
c) Proof that is accepted as final and conclusive
d) Proof that is based on expert testimony
Answer: c) Proof that is accepted as final and conclusive
The doctrine of res ipsa loquitur applies in cases where:
a) The burden of proof is on the defendant
b) The plaintiff must prove negligence
c) The thing speaks for itself
d) The judge is the final arbiter of evidence
Answer: c) The thing speaks for itself
Which of the following is NOT a presumption under the Indian Evidence Act, 1872?
a) Presumption of undue influence in contracts with fiduciary relationships
b) Presumption of soundness of a person not proved to be insane
c) Presumption of correctness of registered documents
d) Presumption of guilt until proven innocent
Answer: d) Presumption of guilt until proven innocent
In a criminal trial, the prosecution must prove the guilt of the accused:
a) Beyond a shadow of a doubt
b) Beyond a reasonable doubt
c) By any means necessary
d) Beyond a balance of probabilities
Answer: b) Beyond a reasonable doubt
Which of the following is an exception to the hearsay rule in Indian law?
a) Statement made by a person while mentally unsound
b) Statement made by a person after the event
c) Statement made by a person who is deceased
d) Statement made by a person not competent to testify
Answer: a) Statement made by a person while mentally unsound
In a civil case in India, if the burden of proof is not discharged by the plaintiff, the case will be decided:
a) In favor of the plaintiff
b) In favor of the defendant
c) By a jury
d) By a higher court
Answer: b) In favor of the defendant
In criminal cases, the prosecution must prove the guilt of the accused:
a) By a balance of probabilities
b) Beyond reasonable doubt
c) With clear and convincing evidence
d) By a preponderance of probabilities
Answer: b) Beyond reasonable doubt
Under Indian law, which of the following is not considered a mode of proof?
a) Documentary evidence
b) Oral evidence
c) Expert testimony
d) Circumstantial evidence
Answer: c) Expert testimony
Which of the following is a rule regarding the burden of proof in Indian law?
a) The burden of proof lies on the party who has the most resources
b) The burden of proof is always on the defendant
c) The burden of proof shifts depending on the facts of the case
d) The burden of proof is determined by the judge
Answer: c) The burden of proof shifts depending on the facts of the case
In a civil case, the standard of proof required is:
a) Clear and convincing evidence
b) Beyond reasonable doubt
c) Preponderance of probabilities
d) Sufficient certainty
Answer: c) Preponderance of probabilities
Which of the following is not a presumption under the Indian Evidence Act, 1872?
a) Presumption of death after seven years’ absence
b) Presumption of legitimacy of a child born during a lawful marriage
c) Presumption of competency of a witness based on age
d) Presumption of guilt until proven innocent
Answer: d) Presumption of guilt until proven innocent
The maxim “falsus in uno, falsus in omnibus” means:
a) False in one thing, false in everything
b) False testimony is inadmissible
c) False evidence leads to a mistrial
d) False witnesses should be prosecuted
Answer: a) False in one thing, false in everything
In a civil case, if the plaintiff fails to discharge the burden of proof, the consequence is:
a) The case is dismissed
b) The defendant must prove their innocence
c) The judge decides the case based on personal opinion
d) The case is automatically ruled in favor of the plaintiff
Answer: a) The case is dismissed
In criminal cases, the prosecution is required to prove:
a) The innocence of the accused
b) The guilt of the accused
c) Both innocence and guilt
d) The judge’s opinion
Answer: b) The guilt of the accused
Which of the following is true regarding the burden of proof in Indian law?
a) It always rests with the plaintiff
b) It always rests with the defendant
c) It can shift between parties during the trial
d) It is determined by the jury
Answer: c) It can shift between parties during the trial
Which of the following is an example of circumstantial evidence?
a) Eyewitness testimony
b) DNA analysis
c) Confession by the accused
d) Expert opinion
Answer: b) DNA analysis
The presumption of innocence until proven guilty is a fundamental principle of:
a) Civil law systems
b) Common law systems
c) Islamic law
d) Roman law
Answer: b) Common law systems
In cases where the burden of proof is on the defendant, the standard of proof required is often:
a) Beyond reasonable doubt
b) Clear and convincing evidence
c) Preponderance of probabilities
d) Sufficient certainty
Answer: b) Clear and convincing evidence
Which of the following is not a type of evidence recognized under Indian law?
a) Direct evidence
b) Hearsay evidence
c) Circumstantial evidence
d) Opinion evidence
Answer: b) Hearsay evidence
The doctrine of estoppel is closely related to which aspect of evidence law?
a) Burden of proof
b) Presumptions
c) Conclusive proof
d) Admissibility of evidence
Answer: b) Presumptions
Which of the following is NOT a presumption under the Indian Evidence Act, 1872?
a) Presumption of regularity of official acts
b) Presumption of soundness of mind
c) Presumption of legitimacy of a child born during marriage
d) Presumption of guilt in certain criminal offenses
Answer: d) Presumption of guilt in certain criminal offenses
In cases involving the authenticity of a document, which party has the burden of proving its genuineness?
a) The party seeking to rely on the document
b) The party seeking to challenge the document
c) The judge
d) Both parties equally
Answer: a) The party seeking to rely on the document
Which of the following is true regarding presumptions in Indian law?
a) They cannot be rebutted by evidence
b) They are always in favor of the defendant
c) They shift the burden of proof to the opposing party
d) They are conclusive and cannot be overturned
Answer: c) They shift the burden of proof to the opposing party
The “golden rule” of evidence states that:
a) Direct evidence is always more reliable than circumstantial evidence
b) Evidence should be weighed based on the credibility of the witness
c) Evidence should be admitted unless excluded by law
d) Evidence should be admitted if it helps establish the truth
Answer: c) Evidence should be admitted unless excluded by law
Which of the following is an example of direct evidence?
a) Witness testimony about seeing the defendant at the scene of the crime
b) Expert testimony regarding forensic analysis
c) Circumstantial evidence linking the defendant to the crime
d) Character evidence about the defendant’s prior behavior
Answer: a) Witness testimony about seeing the defendant at the scene of the crime
The doctrine of res gestae refers to:
a) Evidence of a person’s character or reputation
b) Statements made under stress or excitement
c) Evidence obtained through electronic surveillance
d) Testimony of an expert witness
Answer: b) Statements made under stress or excitement
Which of the following is NOT a type of presumption recognized under Indian law?
a) Presumption of innocence
b) Presumption of fact
c) Presumption of law
d) Presumption of regularity
Answer: a) Presumption of innocence
The best evidence rule states that:
a) Hearsay evidence is admissible if it meets certain criteria
b) Secondary evidence is admissible if the original document cannot be produced
c) Witnesses must testify under oath
d) The original document must be presented if available
Answer: d) The original document must be presented if available
In a civil case, if the plaintiff presents evidence that raises a presumption, the burden of proof shifts to:
a) The defendant
b) The judge
c) The jury
d) Both parties equally
Answer: a) The defendant
Which of the following is an example of hearsay evidence?
a) Testimony from an eyewitness
b) A written contract signed by both parties
c) A statement made out of court and offered to prove the truth of the matter asserted
d) Expert testimony based on scientific analysis
Answer: c) A statement made out of court and offered to prove the truth of the matter asserted
The doctrine of judicial notice allows a court to:
a) Consider evidence that would normally be inadmissible
b) Take notice of certain facts without requiring proof
c) Exclude evidence that is deemed prejudicial
d) Admit expert testimony on specialized subjects
Answer: b) Take notice of certain facts without requiring proof
Which of the following is NOT a requirement for a document to be admissible as evidence under Indian law?
a) It must be properly authenticated
b) It must be relevant to the issues in the case
c) It must be in the possession of the party seeking to rely on it
d) It must not be hearsay
Answer: c) It must be in the possession of the party seeking to rely on it
The rule against hearsay is based on the principle that:
a) Out-of-court statements are inherently unreliable
b) Witnesses must testify in court to be cross-examined
c) Only firsthand knowledge should be considered as evidence
d) All statements made under oath are admissible
Answer: a) Out-of-court statements are inherently unreliable
Which of the following is an example of real evidence?
a) Witness testimony about what they saw
b) Documents related to the case
c) Physical objects found at the crime scene
d) Expert opinion on the likelihood of events
Answer: c) Physical objects found at the crime scene
The doctrine of estoppel prevents a party from:
a) Introducing new evidence at trial
b) Challenging the truth of a statement they previously made
c) Appealing a court decision
d) Filing a lawsuit after a certain period of time
Answer: b) Challenging the truth of a statement they previously made
Which of the following is NOT a category of evidence under Indian law?
a) Direct evidence
b) Circumstantial evidence
c) Testimonial evidence
d) Forensic evidence
Answer: d) Forensic evidence
In criminal cases, the prosecution must prove the guilt of the accused:
a) Beyond all doubts
b) Beyond any doubts
c) Beyond a reasonable doubt
d) Beyond a shadow of a doubt
Answer: c) Beyond a reasonable doubt
Which of the following is NOT a type of evidence recognized under Indian law?
a) Hearsay evidence
b) Documentary evidence
c) Testimonial evidence
d) Anecdotal evidence
Answer: d) Anecdotal evidence
The doctrine of “stare decisis” is closely related to which aspect of evidence law?
a) Presumptions
b) Burden of proof
c) Judicial notice
d) Precedent
Answer: d) Precedent
In a civil case, if the plaintiff fails to discharge the burden of proof, the case may be decided:
a) Based on the defendant’s counterclaims
b) Based on the judge’s intuition
c) Based on the defendant’s evidence
d) Based on the plaintiff’s character
Answer: c) Based on the defendant’s evidence
Which of the following is an example of demonstrative evidence?
a) Witness testimony
b) Physical objects
c) Expert opinion
d) Written contracts
Answer: b) Physical objects
The rule against hearsay is primarily concerned with:
a) Ensuring that evidence is relevant to the case
b) Preventing unreliable evidence from being admitted
c) Protecting witnesses from cross-examination
d) Allowing for the admission of expert testimony
Answer: b) Preventing unreliable evidence from being admitted
The doctrine of “res judicata” refers to:
a) The principle that a matter already judged cannot be re-litigated
b) The admissibility of expert testimony
c) The burden of proof in civil cases
d) The presumption of innocence in criminal cases
Answer: a) The principle that a matter already judged cannot be re-litigated
In cases where the burden of proof is on the defendant, the standard of proof required is often:
a) Clear and convincing evidence
b) Beyond a reasonable doubt
c) Preponderance of probabilities
d) Sufficient certainty
Answer: a) Clear and convincing evidence
Which of the following is NOT a type of presumption under Indian law?
a) Presumption of regularity
b) Presumption of validity
c) Presumption of guilt
d) Presumption of innocence
Answer: c) Presumption of guilt
The best evidence rule primarily applies to:
a) Oral testimony
b) Documentary evidence
c) Expert testimony
d) Circumstantial evidence
Answer: b) Documentary evidence
