MCQs—Indian Evidence Act, 1872 (Part-10)
| 1 | Mark correct statements—
(A) The term ‘disproved’ is converse of ‘proved’ (B) A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist (C) All correct (D) None Ans: (C) [Section 3, Para 8] |
| 2 | Section 3, Para 9 defines the term not proved and a fact is said to be not proved—
(A) When a fact is proved but not disproved (B) When a fact is yet to be proved (C) When a fact is neither proved nor disproved (D) None Ans: (C) [Section 3, Para 9] |
| 3 | As per Indian Evidence Act, the term “India” includes the State of Jammu and Kashmir —
(A) True (B) False Ans: (B) [Section 3, para 10 defines the term “India”. Accordingly, it means the territory of India excluding the State of Jammu and Kashmir] |
| 4 | Section 4 of the IEA defines—
(A) May presume (B) Shall presume (C) Conclusive proof (D) All Ans: (D) |
| 5 | “May presume” is defined under—
(A) Section 4, para 1 (B) Section 4, para 2 (C) Section 4, para 3 (D) All correct Ans: (A) |
| 6 | Whenever it is provided by this Act that the Court may presume a fact, it—
(A) May either regard such fact as proved, unless and until it is disproved (B) May either regard such fact as proved, unless and until it is disproved, or call for proof of it (C) Shall either regard such fact as proved, unless and until it is disproved, or call for proof of it (D) Must either regard such fact as proved, unless and until it is disproved, or call for proof of it Ans: (B) [Section 4, Para 1] |
| 7 | Mark correct statement as to “may presume”—
(A) ‘May presume’ is a ‘rebuttable presumption of fact’ (B) It is the discretion of the court that whether to presume a fact or not (C) Section 114 lays down rules relating to presumption of certain facts by the Court (D) All correct Ans: (D) |
| 8 | “Shall presume” is defined under—
(A) Section 4, para 1 (B) Section 4, para 2 (C) Partially in Section 4, para 3 also (D) All correct Ans: (B) |
| 9 | Mark incorrect statement as to “shall presume”—
(A) ‘Shall presume’ is a ‘rebuttable presumption of law’ like ‘may presume’ (B) The court has no discretion to presume a fact or not (C) The court may accept evidence to rebut such presumption (D) All correct Ans: (A) [‘Shall presume’ is a ‘rebuttable presumption of fact’ and unlike ‘may presume’ the court has no discretion to presume a fact or not. However, the court may accept evidence to rebut such presumption] |
| 10 | Mark correct statements—
(A) Whenever the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved (B) Sections 79-83, Section 85, Section 89, Section 105 and Section 133-B deals with the ‘may presume’ (C) The expression ‘shall presume’ is synonymous with ‘conclusive proof’” (D) All correct Ans: (A) [Sections 79-83, Section 85, Section 89, Section 105 and Section 133-B deals with the ‘shall presume’. In terms of the said provision, thus, the expression ‘shall presume’ cannot be held to be synonymous with ‘conclusive proof’.”] |
| Prepared by Team LegalMines. Typographical error, if any, is inadvertent. | |
