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.

UPHJS2018-2
Pre. Exam

5. The doctrine of estoppel means:
(A) not to make statement in consonance to the earlier statement
(B) restriction to make statement contrary to the earlier statement/admission
(C) res judicata
(D) vague statem

Answer and Notes Answer is B



UPHJS2018-II
Pre. Exam

80. The doctrine of estoppel means --
(a) not to make statement in consonance to the earlier statement
(b) restriction to make statement contrary to the earlier statement/ admission
(c) res judicata
(d) vague statement

Answer and Notes Answer is B


Explanation: Section 115 of Indian Evidence Act incorporates the legislative manifestation of doctrine of estoppel. It lays down that when a person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative, shall be allowed in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.

UPHJS2018-2
Main Exam

Q.3 How and in what manner, can the evidence of a deaf and dumb person be recorded by a Court? Explain with the help of case law. [10 marks]

Answer and Notes

UPHJS2018-III
Pre. Exam

20. A witness, who is unable to speak, gives his evidence in writing in the open court; evidence so given shall be deemed to be: A. Primary evidence B. Secondary evidence C. Documentary evidence D. Oral evidence

Answer and Notes Answer is D




UPHJS2018-2
Pre. Exam

8. During the course of trial of a rape case,a person present in Court cases a knife injuring to another person before the Court.The judge before whom the incident took place:
(A) may not be called in evidance
(B) may be called in evidence only under special order of a Higher Court
(C) may be examined as a witness
(D) may be called in evidence,only if the trial of that incident is going on before a higher court

Answer and Notes Answer is C



UPHJS2014
Pre. Exam

11. A witness, who is unable to speak, gives his evidence in writing in the open court; evidence so given shall be deemed to be-
(A) Primary evidence
(B) Secondary evidence
(C) Documentary evidence
(D) Oral evidence

Answer and Notes Answer is D

UPHJS2018-III
Pre. Exam

58. During the course of trial of a rape case, a person present in Court causes a knife injury to another person the Court. The Judge before whom the incident took place:
A. May not be called in evidence
B. May be called in evidence only under special order of a higher court
C. May be examined as a witness
D. May be called in evidence, only if the trial of that incident is going on before a higher Court

Answer and Notes Answer is C

Similar illustration (c) of section 121

UPHJS2012
Pre. Exam

48. "Professional Communication" between Advocate and his client-
(A) is not admissible in evidence
(B) is a privilege communication only until the contract continues
(C) is admissible in evidence with consent of the client
(D) is not admissible until it is legal.

Answer and Notes Answer is C



UPHJS2018-1
Pre. Exam

14. A witness unable to speak, if gives his statement in writing before the Court, then such evidence shall be deemed to be :
(a) Oral evidence
(b) Documentary evidence
(c) Hearsay evidence
(d) Primary evidence

Answer and Notes Answer is A

Explanation : According to section 119 of the Indian Evidence Act, 1872 a witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open court, evidence so given shall be deemed to be oral evidence.

UPHJS2012
Pre. Exam

66. A witness summoned to produce a document can refuse to bring it before the court on the ground that-
(A) the record in question is unpublished record
(B) the record in question relates to an affair of State
(C) the record is admissible
(D) None of the above.

Answer and Notes Answer is D



UPHJS2018-II
Pre. Exam

83. During the course of trial of a rape case, a person present in Court causes a knife injury to another person before the Court. The Judge before whom the incident took place :
(a) . may not be called in evidence
(b) may be called in evidence only under special order of a higher Court
(c) may be examined as a witness
(d) may be called in evidence, only if the trial of that incident is going on
before a higher Court

Answer and Notes Answer is C


Explanation : According to section 121 of Indian Evidence Act no Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting.


UPHJS2016
Pre. Exam

69. Out of following which is the correct order of examination of witness.
(a) re-examination, examination in chief, cross examination
(b) cross examination, re-examination, examination in chief,
(c) examination in chief, cross examination re-examination
(d) cross-examination, examination in chief, re-examination.

Answer and Notes Answer is C


Sandeep : Section 137 of the Indian Evidence Act provides for order of examinations. It lays down that witness shall be first examined in chief, then (if adverse party so desires) cross-examination & then (if the party calling him so desires) re-examined.

UPHJS2014
Pre. Exam

20. Which Section of the Indian Evidence Act was amended by the Criminal Law (Amendment) Act, 2005
(A) Section 154
(B) Section 118
(C) Section 32
(D) Section 90A

Answer and Notes Answer is A

UPHJS2012
Pre. Exam

64. A leading question can be asked in-
(A) examination-in-chief
(B) cross-examination
(C) re-examination
(D) All of the above.

Answer and Notes Answer is B



UPHJS2012
Pre. Exam

65. Under Section 145 of the Evidence Act a witness may be cross examined as to previous statement in writing
(A) after proving the same and showing the same to the witness
(B) without proving the same but only after showing the same to the witness
(C) after proving the same and reading the same to the witness
(D) without proving the same and without showing the same to the witness.

Answer and Notes Answer is D



UPHJS2018-II
Pre. Exam

4. Under which of the following conditions, a leading question may be asked during examination-in-chief with the permission of the court?

(a) In matters which are disputed or not introductory

(b) When matter in question is sufficiently proved

(c) Under both of the above conditions

(d) Under none of the above conditions

Answer and Notes Answer is B



Explanation: According to section 142 of Indian Evidence Act leading questions must not, if objected to by the adverse party, be asked in examination-in-chief or re-examination except with the permission of the court. The section further says that such questions may be permitted as to matters which are introductory, undisputed or which have been sufficiently Proved.

UPHJS2018-1
Pre. Exam

86. Re-examination of witness :
(a) can be for the purposes of filling what is left-over in examination in chief
(b) can be for the purposes of explaining the matters referred to in cross-examination
(c) can be for the purposes of explaining the matter referred to in the examination in chief.
(d) all the above

Answer and Notes Answer is B

Explanation : According to section 138 of the Indian Evidence Act the reexamination shall be directed to the explanation of matters referred to in cross examination: and, if new matter is, by permission of the court, introduced in reexamination, the adverse party may further cross-examine upon that matter.

UPHJS2018-1
Pre. Exam

95. Out of following which is the correct order of cross examination of witness :
(a) re-examination, examinauon in chief, cross examination
(b) cross examination, re-examination, examination in chief
(c) examination in chief, cross examinanon, re-examination (dj cross examinauon, examinanon in chief, re-examination

Answer and Notes Answer is C

Explanation : Refer question number 69 of U.P.H.J.S (Pre) 2016.

UPHJS2009
Pre. Exam

86. Leading questions can generally be asked in-
(A) Examination in chief
(B) re-examination
(C) cross examination
(D) All the above

Answer and Notes Answer is C

UPHJS2016
Pre. Exam

100. The improper admission or rejection of evidence shall not be a ground of :
(a) new trial
(b) reversal of any decision
(c) conviction of accused
(d) both (a) and (b)

Answer and Notes Answer is D


Sandeep : According to the section 167 of the Evidence Act the improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been recieved, it ought not to have varied the decision.