1.Which one of the following is not correct in respect of recording of confession under Section 164 of the Code of Criminal Procedure, 1973?
(a) It must be voluntary
(b) It must be recorded by the Magistrate
(c) It must be recorded by the Judicial or Metropolitan Magistrate
(d) Accused must be told of his freedom not to speak against himself
2. Which of the following is not correctly matched?
(a) Information in Cognizable Cases-Section 154 Cr.P.C.
(b) Arrest by Magistrate-Section 44 C.P.C
(c) Contents of charge-Section 211 Cr.P.C
(d) Trial of more than one offence – Section 218 Cr.P.C.
3. Which is not content of charge?
(a) Description of family background d the accused
(b) Specific name of the offence as per the law which provides the offence
(c) In case of unspecific name of th offence, definition of the offence
(d) Particulars of time and place of the alleged offence
4. When a case is instituted under section 199(2) of Cr.P.C, the procedure of trial
adopted in such a case is
(a) Session trial
(b) Trial of warrant case instituted on police report
(c) Trial of warrant case instituted on otherwise than a police report
(d) Summons trial
5. If the accused pleads guilty, the Judge has:
(a) no discretion to convict him
(b) the discretion to convict him
(c) the discretion to convict him after recording his plea
(d) the discretion to convict him depending upon corroboration of evidence
6. An order of discharge :
(a) is not a judgement
(b) is not defence against the proceedings without fresh facts and better evidence
(c) take place after formal framing of charges
(d) establishes innocence of accused
7. In a summons case, when the accused appears or is brought before the Magistrate, it shall not be necessary to:
(a) State the particulars of the offence of which he is accused
(b) Ask whether he pleads guilty
(c) Ask whether he has any defence to make
(d) Frame a formal charge
8. In the interest of justice a Magistrate has the power to try a summons case as a warrant case, wherein the offence to be tried thereunder is punishable with the imprisonment
(a) Exceeding 6 months
(b) Exceeding 4 months
(c) Exceeding 1 year
(d) None of the above
9. In a bailable offence, the bail is granted as a matter of right
(a) by the police officer
(b) by the court
(c) Both (a) and (b)
(d) Either (a) or (b)
10. Maximum period for which under-trial can be detained
(a) Is decided by the court
(b) Not exceeding the maximum period of punishment for the said offence
(c) Not more than half of the maximum period of punishment for the said offence
(d) None of the above
11. A fact is said “not to be proved” in Indian Evidence Act:
(a) When is disproved
(b) After considering the matters before it, the Court believes that it does not exist
(c) When a prudent men considers that the fact does not exist
(d) When it is neither proved nor disproved
12. The object of Indian Evidence Act, 1872 as set out in the preamble is:
(a) to define and amend the law of evidence
(b) to consolidate, define and amend the law of evidence
(c) to highlight define and consolidate the law of evidence
(d) to highlight consolidate, define and amend the law of evidence
13. Oral admissions as to contents of the electronic records are relevant when genuineness of the:
(a) electronic record produced is in question
(b) digital signature on electronic record produced is in question
(c) custody of electronic record is in question
(d) digital signature certificate is question
14. Which of the following is not a “document” as per provisions of the Indian Evidence Act, 1872?
(a) A map
(b) Words lithographed
(c) Inscription on a stone
(d) A piece of metal with inscription that was used to cause fatal injury
15. Extra Judicial confession under the Indian Evidence Act means a confession made?
(a) Before judicial Magistrate in court
(b) Before Doctor
(c) Before Friend
(d) Both b & c
16. A fact-forming part of the same transaction is relevant under Section 6 of the Evidence Act:
(a) if it is in issue and has occurred at the same time and place
(b) if it is in issue and has occurred at different times and places
(c) though not in issue and may have occurred at the same time and place or at different times and places
(d) though not in issue, must have occurred at the same time and place
17. Which of the following Sections provides that evidence may be given of facts in issue?
(a) Section 3
(b) Section 4
(c) Section 5
(d) Section 6
18. A wife had only seen a speeding vehicle, which had crushed the husband at a little distance. She had not seen the accident herself. The husband died of a heart attack a day later. Can wife’s evidence be taken of what the injured husband said to her after the accident?
(a) Yes it being a dying declaration
(b) No, it is merely a hearsay evidence
(c) No, because it is a privileged communication
(d) Yes, it being a part of res gestae
19. The autopsy report provided by a medical examiner is:
(a) eye witness Evidence
(b) opinion Evidence
(c) contradictory Evidence
(d) none of the above
20. The Question is, whether A committed a crime at Mumbai on a certain day? The fact that on that day A was at Chennai, is relevant under which provision of Indian Evidence Act?
(a)Section 9
(b) Section 10
(c) Section 11
(d) Section 12
21. Under Indian Evidence Act, the defense of plea of alibi of an accused is relevant under:
(a) Section 12
(b) Section 13
(c) Section 11
(d) Section 10
22. Which section of Indian Evidence Act, 1872 is a reflection of “Doctrine of Confirmation by subsequent facts” ?
(a) Section 27
(b) Section 115
(c) Section 102
(d) Section 165
23. Which one of the following is a leading case on entries in books of account when relevant?
(a) R v. Govinda
(b) Pakala Narayana Swami v. King Emperor
(c) Moti Singh v. State of U.P.
(d) L.K. Advani v. C.B.I.
24. In relation to Relevancy of Character in civil cases, which of the following is not correct:
(a) It is not at all relevant
(b) It is relevant when it affects award of damage
(c) When character is itself in issue
(d) When it appears from the fact otherwise relevant
25. What is not true?
(a) Witness may be cross-examined as to previous statement in writing
(b) Leading question may be asked in cross-examination
(c) Person called to produce document can be cross-examined
(d) Party calling the witness may cross- examine him with the permission of Court
ANSWER KEY:
1-b 2-d 3-a 4-c 5-c 6-d 7-d 8-a 9-c 10-c 11-d 12-b 13-a 14-d 15-d 16-c 17-c 18-d 19-b 20-c 21-c 22-a 23-d 24-b 25-c
– Team Lawyer Talks