Law of Evidence Questions and Answers Part-20

1.Section 121 of Evidence Act provides for privilege in respect of
a) husband & wife
b) judges & magistrates
c) affairs of the state
d) official communication

Answer: b

2. Privilege in respect of judges & magistrates under section 121 of Evidence Act relates to
a) questions which a witness cannot be compelled to answer
b) question which a witness cannot be permitted to answer
c) both (a) & (b)
d) both (a) & (b)

Answer: d

3. Privilege under section 121 of Evidence Act is
a) available to an arbitrator
b) not available to an arbitrator
c) may or may. not be available to an
d) arbitrator both (b) & (c) are correct.

Answer: a

4.Privilege in respect of husband & wife under section 122 of Evidence Act relates to
a) question which a witness cannot be compelled to answer
b) question which a witness cannot be permitted to answer
c) both (a) & (b)
d) only (b) & not (a).

Answer: c

5.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 communication was made
b) in the light of the status, on the date when the communication is sought to be tendered in court
c) in the light of the status, on the date when the evidence is to be given in the court
d) either (a) or (b) or (c).

Answer: a

6. A communication made to the spouse during marriage, under section 122 of Evidence Act
a) remains privileged communication after the dissolution of marriage by divorce or death
b) does not remain privileged after the dissolution of marriage by divorce or death
c) does not remain privileged after the dissolution of marriage by divorce, but remains privileged even after death
d) remains privileged after the dissolution of marriage by divorce but not so on after death

Answer: a

7. 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) is not admissible in evidence at all is not admissible in evidence until-
c) is admissible in evidence
d) either (a) or (b).

Answer: c

8.A husband or wife are permitted to disclose any communication between them during marriage
a) in civil proceedings between the parties
b) in criminal proceedings between the parties
c) in matrimonial proceedings between the parties
d) all the above

Answer: d

9. Protection under section 122 of Evidence Act is available to
a) a witness
b) husband & wife as a witness
c) both (a) & (b)
d) either (a) or (b).

Answer: b

10.Protection under section 122 of Evidence Act is
a) confined to confidential communication and not applicable to general communication between the husband & wife
b) not confined to confidential communications only but extends to communication of whatever nature
c) confined to confidential communication and may be extended to communications of general nature
d) only (c) and not (a) or (b).

Answer: b