UPHJS2016
Pre. Exam

82. Any person who was born during the continuance of a valid marriage between his mother and any man or within 280 days after its dissolution, the mother remaining unmarried shall be conclusive proof that he is the legitimate son of that man unless :
(a) it can be proved mother of the child is characterless
(b) it can be proved that marriage tie is not in existence
(c) it can be shown that the parties to the marriage had no access to each other at any time when he could have been be gotten
(d) both (a) and (b)

Answer and Notes Answer is C


Sandeep : According to section 112 of the Evidence Act the fact that any person was bom during the continuance of void marriage between his mother & any man or within 280 days after its disolution, the mother remaining unmarried shall be the conclusive proof that he is a legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at anytime when he could have been begotten.

UPHJS2018-2
Pre. Exam

7. In a trial,while explaning any circumstances appearing in evidence against him,an accused of committing murder states that due to grave and sudden provocation he was deprived of the power of self-control and thus,gave a single lathi blow to A,causing his death.
The burden to prove grave and sudden provocation is on:
(A) The Prosecution
(B) The Investingating Agency
(C) The Court
(D) The Accused

Answer and Notes Answer is D



UPHJS2018-III
Pre. Exam

29. Any person born during the continance of a valid marriage between his mother and any man or within 280 days after its dissolution, the mother remaining unmarried shall be conclusive proof that he is the legitimate son of that man unless:
A. It can be proved that mother of child is characterless
B. It can be proved that marriage tie is not in existence
C. It can be shown that parties to the marriage had no access to each other at any time when he could have been begotten
D. Both (A) and (B)

Answer and Notes Answer is C




UPHJS2018-III
Pre. Exam

40. Burden of proof under section 101 of the Indian Evidence Act, 1872:
A. Goes on shifting as the trial proceeds
B. Never shifts
C. May shift
D. Both (A) and (B) are correct

Answer and Notes Answer is B




UPHJS2018-III
Pre. Exam

57. In a trial, while explaining any circumstances appearing in evidence against him, an accused of committing murder states that due to grave and sudden provocation he was deprived of the power of self-control and, thus, gave a single lathi blow to ‘A’, causing his death:
A. The prosecution
B. The Investigating Agency
C. The court
D. The accused

Answer and Notes Answer is D

Illustration (b) of section 105

UPHJS2018-1
Pre. Exam

16. In a trial, while explaining any instances appearing in evidence agains him, an accused of committing murder states that due to grave an<
sudden provocation he was deprived of the power of self-control and thus, gave a single lathi blow to A, causing his death.
The burden to prove grave and sudden provocation is on :
(a) The Prosecution
(b) The Investigating agency
(c) The Court
(d) The Accused

Answer and Notes Answer is D

Explanation: The question is based on section 105 of the Indian Evidence Act, 1872. Section 105 provides that when a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offencer is upon him, and the Court shall presume the absence of such circumstances.

UPHJS2018-1
Pre. Exam

25. Burden of proof under Section 101 of the Indian Evidence Act, 1872 :
(a) goes on shifting as the trial proceeds never shifts
(c) may shift
(d) both (a) and (b) are correct

Answer and Notes Answer is B

Explanation: According to section 101 of Indian Evidence Act, 1872 whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies upn him


UPHJS2018-II
Pre. Exam

82. In a trial, while explaining any circumstances appearing in evidence against him, an accused of committing murder states that due to grave and sudden provocation he was deprived of the power of self-control and thus, gave a single lathi blow to A, causing his death.
The burden to prove grave and sudden provocation is on:
(a) The Prosecution (b) The Investigating Agency
(c) The Court (d) The Accused

Answer and Notes Answer is D


Explanation: This problem is based on section 105 of Indian Evidence Act. It provides that the burden of proving that the case of accused falls within exceptions is upon the accused himself. Also refer illustration (b) of section 105.