MCQ- LAWS OF EVIDENCE: BURDEN OF PROOF

MULTIPLE-CHOICE QUESTIONS WITH ANSWERS RELATED TO LAWS OF EVIDENCE: BURDEN OF PROOF, PRESUMPTIONS, CONCLUSIVE PROOF

What is the standard of proof required in criminal cases in India?
A) Beyond a reasonable doubt
B) Balance of probabilities
C) Clear and convincing evidence
D) Preponderance of evidence
Answer: A) Beyond a reasonable doubt

In a criminal trial, who bears the burden of proof?
A) The prosecutor
B) The defense
C) Both parties equally
D) It depends on the specific circumstances of the case
Answer: A) The prosecutor

Which of the following is a presumption under Indian Evidence Act, 1872?
A) Presumption of innocence
B) Presumption of guilt
C) Presumption of regularity
D) Presumption of silence
Answer: C) Presumption of regularity

Which of the following is an example of conclusive proof in India?
A) Dying declaration
B) Confession obtained under duress
C) DNA evidence
D) Fingerprint evidence
Answer: A) Dying declaration

What is the legal significance of a rebuttable presumption?
A) It shifts the burden of proof to the opposing party
B) It conclusively proves a fact
C) It creates a presumption of guilt
D) It is not admissible in court
Answer: A) It shifts the burden of proof to the opposing party

Which of the following is NOT considered a form of evidence in Indian courts?
A) Testimony of witnesses
B) Documentary evidence
C) Hearsay evidence
D) Expert opinion
Answer: C) Hearsay evidence

What does Section 114 of the Indian Evidence Act, 1872, deal with?
A) Admissions by party-opponents
B) Presumptions as to documents
C) Presumption of fact
D) Estoppel
Answer: C) Presumption of fact

In a civil case in India, what is the standard of proof required?
A) Beyond a reasonable doubt
B) Balance of probabilities
C) Clear and convincing evidence
D) Preponderance of evidence
Answer: B) Balance of probabilities

Which section of the Indian Evidence Act, 1872, deals with the burden of proof in civil cases?
A) Section 101
B) Section 102
C) Section 103
D) Section 104
Answer: A) Section 101

In a civil case, if a party fails to discharge the burden of proof, what is the consequence?
A) The case is dismissed with prejudice
B) The case is dismissed without prejudice
C) The burden of proof shifts to the other party
D) The case is automatically decided in favor of the other party
Answer: D) The case is automatically decided in favor of the other party

Which of the following is NOT a recognized exception to the hearsay rule under Indian law?
A) Dying declaration
B) Confession to police officer
C) Admission by a party to the suit
D) Statement made by a co-conspirator during the course of conspiracy
Answer: B) Confession to police officer

What is the significance of Section 50 of the Indian Evidence Act, 1872?
A) It deals with oral evidence
B) It deals with documentary evidence
C) It defines relevancy
D) It relates to opinion of experts
Answer: A) It deals with oral evidence

Under the Indian Evidence Act, which of the following statements is true regarding character evidence?
A) Character evidence is always admissible in both civil and criminal cases
B) Character evidence is never admissible in either civil or criminal cases
C) Character evidence is admissible in civil cases but not in criminal cases
D) Character evidence is admissible in criminal cases but not in civil cases
Answer: D) Character evidence is admissible in criminal cases but not in civil cases

Which of the following types of evidence is considered direct evidence?
A) Circumstantial evidence
B) Hearsay evidence
C) Expert testimony
D) Eyewitness testimony
Answer: D) Eyewitness testimony

What is the purpose of the rule against hearsay evidence?
A) To ensure only reliable evidence is presented in court
B) To expedite court proceedings
C) To protect witnesses from intimidation
D) To prevent the admission of irrelevant evidence
Answer: A) To ensure only reliable evidence is presented in court

Under the Indian Evidence Act, when is opinion evidence admissible?
A) When it relates to the ultimate issue in the case
B) When the witness is an expert in the relevant field
C) When it is based on hearsay
D) When it is speculative in nature
Answer: B) When the witness is an expert in the relevant field

Which section of the Indian Evidence Act, 1872, deals with the presumption as to genuineness of certified copies of documents?
A) Section 63
B) Section 65
C) Section 66
D) Section 67
Answer: C) Section 66

What is the legal effect of a confession obtained under inducement, threat, or promise under the Indian Evidence Act?
A) It is admissible in evidence
B) It is inadmissible in evidence
C) It is admissible only if made before a magistrate
D) It is admissible only if made in open court
Answer: B) It is inadmissible in evidence

In criminal cases, what is the significance of the phrase “chain of custody” with respect to evidence?
A) It refers to the chronological documentation of events related to the case
B) It concerns the authentication of documentary evidence
C) It ensures the preservation and continuity of physical evidence from the time of collection to presentation in court
D) It relates to the process of cross-examining witnesses
Answer: C) It ensures the preservation and continuity of physical evidence from the time of collection to presentation in court

Under Indian law, what is the general rule regarding the admissibility of illegally obtained evidence?
A) It is always admissible if relevant
B) It is always inadmissible
C) It is admissible if obtained by the prosecution in good faith
D) It is admissible if the court deems it to be in the interest of justice
Answer: B) It is always inadmissible

Which of the following is NOT considered a privilege under the Indian Evidence Act?
A) Lawyer-client privilege
B) Spousal privilege
C) Doctor-patient privilege
D) Journalist-source privilege
Answer: D) Journalist-source privilege

What does the doctrine of res ipsa loquitur mean in the context of evidence law?
A) The thing speaks for itself
B) Beyond a reasonable doubt
C) Balance of probabilities
D) Presumption of regularity
Answer: A) The thing speaks for itself

Under the Indian Evidence Act, which of the following is NOT a mode of proving the execution of a document?
A) By primary evidence
B) By secondary evidence
C) By attestation
D) By presumption
Answer: D) By presumption

In criminal cases, what is the rule regarding the admissibility of previous convictions of the accused?
A) They are always admissible
B) They are never admissible
C) They are admissible if they are relevant to the case
D) They are admissible only if the accused consents
Answer: C) They are admissible if they are relevant to the case

What does the Best Evidence Rule stipulate under the Indian Evidence Act?
A) Only the best quality evidence should be presented in court
B) Hearsay evidence should be given more weight than direct evidence
C) Original documents should be presented as evidence whenever possible
D) Witnesses should provide their testimony in the best possible manner
Answer: C) Original documents should be presented as evidence whenever possible

Which section of the Indian Evidence Act deals with admissions by party-opponents?
A) Section 16
B) Section 18
C) Section 21
D) Section 32
Answer: C) Section 21

In a civil case, what is the purpose of examination-in-chief?
A) To establish the guilt of the accused
B) To establish the innocence of the accused
C) To present evidence in support of one’s own case
D) To challenge the evidence presented by the opposing party
Answer: C) To present evidence in support of one’s own case

What is the rule regarding the admissibility of opinion evidence in India?
A) Opinion evidence is always admissible
B) Opinion evidence is never admissible
C) Opinion evidence is admissible only if given by expert witnesses
D) Opinion evidence is admissible only if given by lay witnesses
Answer: C) Opinion evidence is admissible only if given by expert witnesses

Under Indian law, when can a person refuse to answer a question in court?
A) When the question is irrelevant
B) When the person claims privilege
C) When the person is not under oath
D) When the person does not understand the question
Answer: B) When the person claims privilege

Which section of the Indian Evidence Act deals with admissions in civil cases?
A) Section 20
B) Section 21
C) Section 22
D) Section 23
Answer: A) Section 20

What is the significance of “corroboration” in evidence law?
A) It refers to the process of cross-examination
B) It relates to the authentication of documentary evidence
C) It refers to the requirement of supporting evidence for certain types of testimony
D) It pertains to the presentation of character evidence
Answer: C) It refers to the requirement of supporting evidence for certain types of testimony

Under Indian law, what is the rule regarding the admissibility of statements made during settlement negotiations?
A) They are always admissible as evidence
B) They are never admissible as evidence
C) They are admissible if relevant to the case
D) They are admissible only with the consent of all parties involved
Answer: B) They are never admissible as evidence

Which section of the Indian Evidence Act deals with the relevancy of facts forming part of the same transaction?
A) Section 5
B) Section 6
C) Section 7
D) Section 8
Answer: B) Section 6

What is the purpose of the doctrine of estoppel in evidence law?
A) To prevent parties from denying the truth of certain facts
B) To establish the innocence of the accused
C) To provide immunity to witnesses from prosecution
D) To exclude hearsay evidence from being admitted
Answer: A) To prevent parties from denying the truth of certain facts

Under Indian law, what is the rule regarding the admissibility of illegally obtained confessions?
A) They are always admissible
B) They are always inadmissible
C) They are admissible if obtained under certain circumstances
D) They are admissible if obtained by law enforcement authorities
Answer: B) They are always inadmissible

Which section of the Indian Evidence Act deals with the relevancy of facts which are the occasion, cause, or effect of facts in issue?
A) Section 4
B) Section 5
C) Section 6
D) Section 7
Answer: D) Section 7

What is the significance of the phrase “preponderance of probabilities” in evidence law?
A) It refers to the standard of proof required in criminal cases
B) It refers to the standard of proof required in civil cases
C) It relates to the weight given to circumstantial evidence
D) It pertains to the authenticity of documentary evidence
Answer: B) It refers to the standard of proof required in civil cases

Under Indian law, what is the rule regarding the admissibility of evidence obtained through entrapment?
A) It is always admissible
B) It is always inadmissible
C) It is admissible if it leads to the discovery of other evidence
D) It is admissible only if authorized by a court order
Answer: B) It is always inadmissible

Which section of the Indian Evidence Act deals with the relevancy of statements made under certain circumstances?
A) Section 31
B) Section 32
C) Section 33
D) Section 34
Answer: B) Section 32

In a civil case, what is the rule regarding the burden of proof?
A) It rests on the prosecution
B) It rests on the defense
C) It rests on both parties equally
D) It depends on the specific circumstances of the case
Answer: B) It rests on the defense

What does the term “document” encompass under the Indian Evidence Act?
A) Only written materials
B) Only printed materials
C) Any material on which information is recorded
D) Only official records maintained by government agencies
Answer: C) Any material on which information is recorded

Under Indian law, what is the rule regarding the admissibility of statements made in furtherance of a conspiracy?
A) They are always admissible
B) They are always inadmissible
C) They are admissible if made by a co-conspirator
D) They are admissible only if recorded in writing
Answer: C) They are admissible if made by a co-conspirator

Which section of the Indian Evidence Act deals with the relevancy of judgments of courts of justice?
A) Section 39
B) Section 40
C) Section 41
D) Section 42
Answer: B) Section 40

What is the rule regarding the admissibility of evidence of bad character under Indian law?
A) It is always admissible
B) It is always inadmissible
C) It is admissible only if relevant to the case
D) It is admissible only if disclosed prior to trial
Answer: C) It is admissible only if relevant to the case

Under Indian law, what is the rule regarding the admissibility of evidence obtained through illegal search and seizure?
A) It is always admissible
B) It is always inadmissible
C) It is admissible if obtained in good faith
D) It is admissible if authorized by a court order
Answer: B) It is always inadmissible

Under Indian law, what is the rule regarding the admissibility of evidence obtained through torture?
A) It is always admissible
B) It is always inadmissible
C) It is admissible if obtained by law enforcement authorities
D) It is admissible if the accused consents
Answer: B) It is always inadmissible

Which section of the Indian Evidence Act deals with the presumption as to documents produced as record of evidence?
A) Section 64
B) Section 65
C) Section 66
D) Section 67
Answer: B) Section 65

What is the significance of the phrase “burden of proof” in evidence law?
A) It refers to the duty of the prosecution to prove the guilt of the accused
B) It refers to the duty of the defense to prove the innocence of the accused
C) It refers to the obligation to establish certain facts in issue
D) It refers to the duty of the court to render a verdict based on the evidence presented
Answer: C) It refers to the obligation to establish certain facts in issue

Under Indian law, what is the rule regarding the admissibility of evidence obtained through illegal wiretapping?
A) It is always admissible
B) It is always inadmissible
C) It is admissible if obtained by law enforcement authorities
D) It is admissible if relevant to the case
Answer: B) It is always inadmissible