Law of Evidence Questions and Answers Part-8

1. Confession of an accused is admissible against the other co-accused
a) under section 28 of Evidence Act
b) under section 29 of Evidence Act
c) under section 30 of Evidence Act
d) under section 31 of Evidence Act

Answer: c

2. Confession of one accused is admissible against co-accused
a) if they are tried jointly for the same offences
b) if they are tried jointly for different offences
c) if they are tried for the same offences but not jointly
d) if they are tried for different offences and not jointly

Answer: a

3. Confession of a co-accused, not required to be on oath and cannot be tested by crossexamination
I. is no evidence within the meaning of section 3 of Evidence Act and cannot be the foundation of a conviction
II. the only limited use which can be made of a confession of a co-accused is by way of furnishing an additional reason for believing such other evidences as exists
III. it is a very weak type of evidence and is much weaker even than the evidence of an approver
In the aforesaid propositions
a) all I, II & III are correct
b) only I & III are correct
c) only I & II are correct
d) only II & III are correct

Answer: a

4. 'Necessity rule’ as to the admissibility of evidence is contained in
a) section 31 of Evidence Act
b) section 32 of Evidence Act
c) section 60 of Evidence Act
d) section 61 of Evidence Act

Answer: b

5. Necessity rule as to the admissibility of evidence is applicable, when the maker of a statement
a) is dead or has become incapable or giving evidence
b) is a person who can be found but his attendance can not be procured without unreasonable delay or expenses
c)is a person who can not be found
d) all the above

Answer: d

6. Under section 32 of Evidence Act, a statement of a person who is dead, to be admissible
a) must relate to the cause of his own death
b) may relate to the cause of someone else’ death
c) may relate to the cause of his own death or someone else’ death
d) both (b) & (c) are correct

Answer: a

7.The person whose statement is admitted under section 32 of Evidence Act
a) must be competent to testify
b) need not be competent to testify
c) may or may not be competent to testify
d) only (a) is correct and (b) & (c) are incorrect

Answer: c

8. A dying declaration is admissible
a) only in criminal proceedings
b) only in civil proceedings
c) in civil as well as criminal proceedings ‘both
d) in criminal proceedings alone 8: not in civil proceedings

Answer: c

9. A dying declaration
a) can form the sole basis of conviction without any corroboration by independent evidence
b) can form the basis of conviction only on corroboration by independent witness
c) cannot form the sole basis of conviction unless corroborated by independent witness
d) only (b) & (c) are correct.

Answer: a

10. A dying declaration to be admissible
a) must be made before a Magistrate
b) must be made before the police officer
c) may be made before a doctor or a private person
d) may be made either before a magistrate or a police officer or a doctor or a private person

Answer: d