Law of Evidence Questions and Answers Part-16

1. In criminal trials, it is bound to presume
a)that the case of the accused falls in any of the general or special exceptions
b) that the case of the accused falls in proviso to the provision under which he is charged
c) 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
d) both (a) & (b) and not (c).

Answer: c

2. In criminal trials, the accused has to establish his plea mitigation or justification of an offence
a) beyond reasonable doubt
b) prima fzzcie
c) substantially
d) either (a) or (c).

Answer: b

3. Section 106 of Evidence Act is applicable
a) to such matters of defence which are supposed to be especially within the knowledge of the defendant
b) to such matters which are capable of being known to the persons other than the defendant
c) both (a) 8: (b)
d) neither (a) nor (b).

Answer: a

4. Any person’ in section 106 of Evidence Act refers to
a) a party to the suit
b) a stranger to the state
c) a person who is not a party to the suit but interested in the outcome of the suit
d) a witness

Answer: a

5. 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

Answer: b

6. Section 108 of Evidence Act relates to
a)presumption of death
b) presumption of life
c) presumption of legitimacy
d) presumption of relationship.

Answer: a

7.For presumption under section 107 of Evidence Act, the person is to be shown to be alive
a) within 7 years
b) within 12 years
c) within 3 years
d) within 10 years

Answer: d

8. For presumption of death under section 108 of Evidence Act, the person is shown to be not heard for a period of
a) 3 years
b) 7 years
c) 12 years
d) 30 years

Answer: b

9.The presumption under section 109 of Evidence Act as to certain human relationship
a) is obligatory and arises irrespective of the lapse of time
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 operates only for a period for which the state of things which are the subject matter of presumption ordinarily lasts
d) either (b) or (c).

Answer: a

10. The principle that possession is prima facie proof of ownership is contained in
a) section 109 of Evidence Act
b) section 110 of Evidence Act
c) section 111 of Evidence Act
d) section 112of Evidence Act

Answer: b