Legal Service • 2016 • Law Paper-III
Who is known as father of Law of Evidence?
A)
Lord Macaulay
B)
Sir James F. Stephen
C)
Austin
D)
None of these
Sir James Fitzjames Stephen is commonly called the father of the modern law of evidence.
Legal Service • 2016 • Law Paper-III
Doctrine of estoppel is not applicable:
A)
against sovereign act
B)
against statute
C)
both (a) & (b)
D)
None of these
Estoppel cannot operate to defeat the express provisions of a statute; the intended answer is against statute.
Legal Service • 2016 • Law Paper-III
‘An accomplice cannot corroborate another’. The statement is______
A)
True
B)
False
C)
Partly correct
D)
None of these
An accomplice may legally corroborate another accomplice; corroboration may be required as a matter of judicial prudence, but the proposition itself is false.
Legal Service • 2016 • Law Paper-III
A dying declaration in India is admissible:
A)
if it is regarding cause of death
B)
there must be direct relationship between cause and effect
C)
the person making declaration must die
D)
All of these
A dying declaration is admissible when it concerns the cause/circumstances of death and the relevant statutory conditions are met; the intended option is all listed requirements.
Legal Service • 2016 • Law Paper-III
A Communication made to the spouse from one another during marriage has been provided under _______the Indian Evidence Act,1872.
A)
Section 121
B)
Section 122
C)
Section 123
D)
Section 124
Spousal communications during marriage are protected by Section 122 of the Evidence Act.
Legal Service • 2016 • Law Paper-III
The first Presiding Officer of the Cyber Appellate Tribunal was:
A)
Justice R.C. Jain
B)
Justice S.K. Krishnan
C)
Justice Karthik
D)
Justice Sadhna
Justice R.C. Jain was the first Presiding Officer of the Cyber Appellate Tribunal.
Legal Service • 2016 • Law Paper-III
When someone forcefully takes control of a website (by cracking the password and later changing it), it is called:
A)
Web Jacking
B)
Logic bombs
C)
Cyber terrorism
D)
None of these
Web jacking is hijacking a website by cracking password and taking control, analogous to hijacking.
Legal Service • 2016 • Law Paper-III
Confession made to other person than police during police custody is not relevant unless it has been made immediately in presence of Magistrate. This provision has been made under________of the Indian Evidence Act
A)
Section 25
B)
Section 26
C)
Section 27
D)
Section 28
Section 26 concerns confessions by persons in police custody unless made in the immediate presence of a Magistrate.
Legal Service • 2016 • Law Paper-III
Which among the following is exception of the principle “hearsay evidence is no evidence”?
A)
Res gestae
B)
confession
C)
Admission
D)
None of these
Res gestae (facts forming part of same transaction) is an exception to hearsay under Section 6 of Evidence Act.
Legal Service • 2016 • Law Paper-III
Expert opinion is relevant for:
A)
Science
B)
Hand writing
C)
Finger impression
D)
All of these
Expert evidence can be relevant to science, handwriting and finger impressions.
Legal Service • 2016 • Law Paper-III
Section 23 of the Indian Evidence Act, 1872 deals with :
A)
Relevance of admission in Civil Cases
B)
Relevance of Oral Admissions as to Contents of Documents
C)
Relevance of Oral Admissions as to Contents of electronic record
D)
None of these
Section 23 of the Evidence Act deals with the relevancy of admissions in civil cases subject to its conditions.
Legal Service • 2016 • Law Paper-III
Provision of leading question is mentioned under _____of the Indian Evidence Act.
A)
141 to 143
B)
135to137
C)
142 to 144
D)
None of these
Leading questions are dealt with in Sections 141–143 of the Evidence Act.
Legal Service • 2016 • Law Paper-III
Documentary evidence may be____________
A)
Primary or secondary
B)
Attested or unattested
C)
Public or private
D)
All of these
Under Evidence Act documentary evidence can be classified as primary/secondary, attested/unattested, and public/private, so all apply.
Legal Service • 2016 • Law Paper-III
Limitation Act, 1983 does not apply to:
A)
Suit
B)
Appeal
C)
Certain applications including petition
D)
Writ petition
Limitation Act, 1963 governs suits, appeals and applications; writ petitions under Article 226/32 are not governed by it and are subject to laches.
Legal Service • 2016 • Law Paper-III
Spoofing means :
A)
Capable of sending data by attacker with the illusion that it is coming from a different source.
B)
Changing the password on a regular basis
C)
Using a combination of upper and lower-case characters, a number, and a special character in the password
D)
None of these
Spoofing is forging data to appear as coming from trusted source, e.g., IP or email spoofing.
Legal Service • 2016 • Law Paper-III
To protect e-mail, which of the following activity/activities is/are necessary?
A)
Do not open untrusted/unknown emails (spam)
B)
Do not keep your computer unattended to avoid misuse
C)
Always lock/shutdown the computer when not in use
D)
All of these
Email security requires not opening spam, not leaving system unattended, and locking/shutting down when not in use.
Legal Service • 2016 • Law Paper-III
Who can issue the digital signature certificate?
A)
Controller
B)
Certifying Authority
C)
both of the above
D)
none of these
A Certifying Authority issues Digital Signature Certificates; the Controller regulates and supervises CAs.
Legal Service • 2016 • Law Paper-III
Gaining of unauthorized access to data stored in a computer system is called
A)
Defacement
B)
Phising
C)
Hacking
D)
None of these
Unauthorized access to computer system/data is defined as hacking.
Legal Service • 2016 • Law Paper-III
Relevancy of character has been provided from_________of the Indian Evidence Act.
A)
Section 51-54
B)
Section 52-55
C)
Section 53-56
D)
None of these
Character relevance is principally covered by Sections 52–55 of the Evidence Act.
Legal Service • 2016 • Law Paper-III
The case Badri Rai vs Stateof Bihar is related with_________of the Indian Evidence Act
A)
Relevancy of Confession
B)
Relevancy of Conspiracy
C)
Relevancy of dying declaration
D)
Relevancy of Character
Badri Rai v. State of Bihar is associated with the evidentiary treatment/relevancy of confessions.
Legal Service • 2016 • Law Paper-III
The examination of a witness by the Adverse Party shall be called:
A)
Examination-in-Chief
B)
Cross-Examination
C)
Re-Examination
D)
None of these
Examination by the adverse party is cross-examination.
Legal Service • 2016 • Law Paper-III
The Information Technology Act, 2000, is based on is based on:
A)
The UNCITRAL Model
B)
UNDP Model
C)
Both (a) & (b)
D)
None of these
The Information Technology Act is based substantially on the UNCITRAL Model Law on Electronic Commerce.
Legal Service • 2016 • Law Paper-III
In which of the following cases, it was held that Section 27 of the Indian Evidence Act, 1872 is an exception to Sections-24, 25 and 26?
A)
Pakala Narain Swamy vs. King Emperor
B)
Inayatullah vs. State of Maharashtra
C)
State of U.P. vs. Deoman Upadhyaya
D)
P. Kottayya vs. King Emperor
State of U.P. v. Deoman Upadhyaya recognized Section 27 as an exception to Sections 24–26.
Legal Service • 2016 • Law Paper-III
Word ‘fact’ as used in the Indian Evidence Act, 1872 includes:
A)
only psychological fact
B)
only Physical fact
C)
Both (a) & (b)
D)
None of these
A 'fact' includes both physical facts and mental/psychological conditions under the Evidence Act.
Legal Service • 2016 • Law Paper-III
Law of Evidence is-
A)
lex loci
B)
lex fori
C)
lex situs
D)
none of these
Law of evidence is lex fori: the law of the forum/court governs evidentiary procedure.
