UPHJS2018-2
Pre. Exam

4. A sues B for negligence in providing him with a carriage for hire not reasonaly fit for use,whereby A was injured.The fact that B was habitually negligent about the carriages which he let to hire is;
(A) relevant
(B) irrelevant
(C) neither relevent nor irrelevant
(D) relevant as well as irrelevant

Answer and Notes Answer is B



UPHJS2018-III
Pre. Exam

55. ‘A’ sues ‘B’ for negligence in providing him with a carriage for hire not reasonably fit for use, whereby ‘A’ was injured. The fact that ‘B’ as habitually negligent about the carriages which let to hire is:
A. Relevant
B. Irrelevant
C. Neither relevant nor irrelevant
D. Relevant as well as irrelevant

Answer and Notes Answer is B

Illustration (m) of section 14

UPHJS2009
Pre. Exam

87. A is accused of B’s murder. Which of the following will be a ‘relevant fact’?
(A) A’s going to field with a club
(B) A’s saying shortly before the incident that he will take a revenge of his father’s death
(C) A’s fleeing before the police arrived at village
(D) All of the above

Answer and Notes Answer is D

UPHJS2009
Pre. Exam

88. Test Identification Parade under Section 9 of Evidence Act should be taken by whom?
(A) Magistrate
(B) Police officer not below the rank of Sub-inspector
(C) Any person
(D) All of the above

Answer and Notes Answer is D

UPHJS2009
Pre. Exam

89. Which of the following is relevant and may be received in evidence?
(A) Tape recordings
(B) Dog-tracking
(C) Narco analysis test
(D) All of the above

Answer and Notes Answer is D

UPHJS2018-II
Pre. Exam

79. A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, where by A was injured. The fact that B was habitually negligent about the carriages which he let to hire is :
(a) relevant (b) irrelevant
(c) neither relevant nor irrelevant (d) relevant as well as irrelevant

Answer and Notes Answer is B


Explanation: This problem is based on illustration (n) of section 14 of Indian Evidence Act. Refer the said illustration.




UPHJS2016
Pre. Exam

95. A confession which is firstly made by accused but after sometime goes back and denies it is called :
(a) extra-judicial confession
(b) judicial confession
(c) retracted confession
(d) truncated confession

Answer and Notes Answer is C



UPHJS2018-2
Pre. Exam

6. An accused in police custody,informs to the station House officer that the key by which he opened the safe and committed theft is kept by Him in the patio of his house. To what extent this information can be proved ?

(A) for committing an offence of theft
(B) for opening lock of safe
(C) for committing theft by opening safe and destroying evidence
(D) for keeping the key in patio of house

Answer and Notes Answer is D



UPHJS2018-III
Pre. Exam

32. A confession which is firstly made by accused but after sometime he goes back and denies, it is called:
A. Extra-judicial confession
B. Judicial confession
C. Retracted confession
D. Truncated confession

Answer and Notes Answer is C

A retracted confession by an accused may form the basis for a conviction of that accused,but not of co-accused, if it receives general corroboration from the other independent sources.

UPHJS2018-III
Pre. Exam

56. An accused in police custody, informs to the Station House Officer that the key by which he opened the safe and committed theft is kept by him in the patio of his house:. To what extent this information can be proved: BR>A. For committing an offence of theft
B. For opening lock of safe
C. For committing theft by opening safe and destroying evidence
D. For keeping the key in patio of house

Answer and Notes Answer is D




UPHJS2018-1
Pre. Exam

15. An accused in police custody, informs the Station House Officer that the key by which he opened the safe and committed theft is kept by him in the patio of his house.
To what extent this information can be proved :
(a) For committing an offence of theft
(b) For opening lock of safe
(c) For committing theft by opening safe and destroying evidence
(d) For keeping the key in patio of house

Answer and Notes Answer is D

Explanation : Following question is based on the section 27 of the Indian Evidence Act, 1872. According to section 27 when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.

UPHJS2018-1
Pre. Exam

85. Under Section 27 of Evidence Act :
(a) the whole statement is admissible
(b) only that portion which distinctly relates to the discovert" is admissible
(c) both are admissible depending on the facts & circumstances of the case
(d) only (a) & not (b)

Answer and Notes Answer is B

Explanation : According to section 27 of Indian Evidence Act when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.

UPHJS2009
Pre. Exam

84. Confessions made while in custody of police are-
(A) irrelevant
(B) admissible
(C) inadmissible
(D) relevant

Answer and Notes Answer is C

section 26

UPHJS2018-II
Pre. Exam

81. An accused in police custody, informs to the Station House Officer that the key by which he opened the safe and committed theft is kept by him in the patio of his house.
To what extent this information can be proved?
(a) for committing an offence of theft
(b) for opening lock of safe
(c) for committing theft by opening safe and destroying evidence
(d) for keeping the key in patio of house

Answer and Notes Answer is D



Explanation: This problem is based on section 27 of Indian Evidence Act. It provides that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of the police officer, so much of such information whether it amounts to confession or not, as relates distinctly to the facts thereby discovered, may be proved.

UPHJS2014
Pre. Exam

22. 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) None of the above

Answer and Notes Answer is A

UPHJS2018-II
Pre. Exam

3. Which of the following statement is not correct?

(a) The non-examination of the doctor endorsing the dying declaration does
not always affect the evidentiary value of the dying declaration

(b) Non-signing of the dying declaration by a literate declarant unable to sign,
does not render the veracity of dying declaration doubtful

(c) When the relatives of the declarant are present during dying declaration, the dying declaration would not be relevant

(d) The statements recorded in F.LR. may be treated as dying declaration

Answer and Notes Answer is C



Explanation : According to section 32(1) of Indian Evidence Act when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person"s death comes in question then such statements would be relevant. The relevancy of the statements mentioned in this section is not dependent on the presence of the relatives or any other person during dying declaration. These statements would merely be relevant in the proceedings. What weight the court attaches to such statements is a totally different aspect.


UPHJS2014
Pre. Exam

21. Entries in the books of accounts regularly kept in the course of business are admissible under section 34 of Evidence Act
(A) If they by themselves create a liability
(B) If they by themselves do not create a liability
(C) Irrespective of whether they themselves create a liability or not
(D) Either (a) or (b)

Answer and Notes Answer is C

UPHJS2018-2
Main Exam

Q.1 Discuss the distinction of relevancy and admissibility of scientific techniques, like polygraph test, narco analysis test and DNA test as applied to the cases involving law of paternity as against criminal law with special reference to the ratio of the decision in the case of Selvi and others vs. State of Karnataka (2010) 7 SCC 263. [10 Marks]

Answer and Notes

UPHJS2012
Pre. Exam

67. The opinion of expert may be obtained under Section 40 of the Evidence Act in relation to-
(A) Science, Art, Law, Finger impression and handwriting/signature
(B) Science including medical matters, Art, Law, Finger impression and handwriting
(C) Science, including medical matters, Art, Law, Finger impression, handwriting and signatures
(D) Science, Art, Foreign law, Finger impression and handwriting/signature. —

Answer and Notes Answer is D



UPHJS2014
Pre. Exam

100. Expert opinion is relevant under section -------- of the Indian Evidence Act.
(A) Section 41
(B) Section 43
(C) Section 44
(D) Section 45

Answer and Notes Answer is D

UPHJS2016
Pre. Exam

1. Opinion of Expert is :
(a) a conclusive proof
(b) relevant
(c) supportive & corroborative
(d) both (b) and (c)

Answer and Notes Answer is D


Sandeep : According to section 45 of the Indian Evidence Act, 1872 when the Court has to form an opinion upon a point of foreign law or of science or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts.


UPHJS2009
Pre. Exam

85. Opinion of Experts is relevant under-
(A) Section 45 of Evidence Act
(B) Section 46 of Evidence Act
(C) Both the above
(D) None of the above

Answer and Notes Answer is A

UPHJS2016
Pre. Exam

92. "A" is prosecuted for the murder of *B The prosecution adduces various evidence regarding "A" of his previous bad character. The evidence :
(a) is admissible against "A"
(b) is not admissible against "A"
(c) is relevant and admissible against "A"
(d) is not relevant but admissible against "A"

Answer and Notes Answer is B


Sandeep : According to section 54 of Indian Evidence Act in criminal proceedings the fact that the accused person has a bad character ts irrelevant. unless evidence has been given that he has a good character, in which case it becomes relevant.

UPHJS2012
Pre. Exam

68. In criminal cases previous bad character of accused is-
(A) relevant
(B) always irrelevant
(C) relevant when evidence has been given that he has a good character
(D) relevant when evidence has been given that he has a good character and when bad character is itself in issue.

Answer and Notes Answer is D