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Law of Evidence - Solved High-Quality MCQs for Judiciary Prelims

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Law of Evidence MCQs for Law Aspirants

Q.1) Necessity Rule as to the admissibility of evidence contained in section 32, is applicable when the maker of the statement

[A] is dead or cannot be found

[B] has become incapable of giving evidence

[C] can be found but his attendance cannot be procured without unreasonable delay or expense

[D] all are correct

Q.2) The maxim - Nemo moriturus praesumitur mentire
is applicable to

[A] Section 32(1)

[B] Section 32(2)

[C] Section 32(3)

[D] Section 32(4)

Q.3) A dying declaration under section 32(1)

[A] must be made by a person as to the cause of his death

[B] is relevant whether the person who made them was or was not at the time when they were made under the expectation of death

[C] is relevant whatever may be the nature of the proceeding in which the cause of his death comes into question

[D] all are correct

Q.4) If a person making the dying declaration chances to live, his statement

[A] will be inadmissible as a dying declaration

[B] can be used to corroborate or contradict his testimony

[C] both (a) and (b) are correct

[D] both (a) and (b) are incorrect

Q.5) A dying declaration is admissible in

[A] civil proceedings

[B] criminal proceedings

[C] civil as well as criminal proceedings

[D] marital proceedings

Q.6) Telling his wife that P's wife had called him to receive payments due to him, K leaves his house. After two days, his dismembered body is found in a trunk. In P's trial for the murder of K, the statement made by K to his wife is

[A] inadmissible

[B] partly admissible

[C] inadmissible as it does not directly relate to the death of K

[D] Admissible as it relates to the circumstances of the transaction which resulted in K's death

Q.7) A dying declaration under section 32(1)

[A] always requires corroboration from independent evidence

[B] can be equated with a confession or evidence of approver

[C] both (a) and (b) are correct

[D] both (a) and (b) are incorrect

Q.8) What is not essential in relation to a dying declaration made by a person

[A] statement in any form should be relevant

[B] it must relate to the cause of his death or the circumstances of the transaction which resulted in his death

[C] the statement may not be complete and consistent

[D] declarant must be competent as a witness

Q.9) To be admissible, a dying declaration

[A] must be made before a magistrate

[B] must be made before a police officer

[C] must be made before a doctor

[D] may be made to any person - a doctor, magistrate, friend or near relative, a police officer

Q.10) Where the question is as to the person's date of birth, an entry in a diary of a deceased surgeon regularly kept by him stating that on a certain date he attended that person's mother and delivered her of a son is

[A] relevant

[B] irrelevant

[C] not relevant under section 32

[D] none of the above

Q.11) A sues B for libel expressed in a painted caricature exposed in a shop window. The question is as to the similarity of the caricature and its libelious character. The remarks of a crowd of spectators on these points may be proved under

[A] section 32(4)

[B] section 32(5)

[C] section 32(6)

[D] section 32(8)

Q.12) The question is whether a given road is a public way. A statement by A, a deceased headman of the village that the road was public is a relevant fact under

[A] section 32(2)

[B] section 32(3)

[C] section 32(4)

[D] section 32(5)

Q.13) Regarding the relevancy of evidence in prior judicial proceedings, under section 33 which is not an essential condition

[A] Proceedings should be in between the same parties

[B] Adverse party in the first proceeding has a right and opportunity to cross-examine

[C] the questions in issue should be substantially the same in the first as in the second proceeding

[D] This provision is applicable only to a civil proceeding

Q.14) Regarding the relevancy of entries in public records, under section 35, which is an essential condition

[A] entries are to be made by a public servant

[B] entries to be made in the discharge of his official duty

[C] entry should be a public record

[D] all of the above

Q.15) A sues B for Rs. 1000 and shows entries in his account book showing B to be indebted to him for this account

[A] the entries are relevant but are not sufficient without other evidence to prove the debt

[B] the entries are relevant as well as sufficient to prove the debt

[C] the entries are irrelevant

[D] none of the above

Q.16) Mark the incorrect statement

[A] relevancy of statements in maps, charts - Section 36

[B] relevancy of statements in Acts of Parliament of England or India: Section 37

[C] relevancy of statement as to law in law books of a foreign country - Section 38

[D] none of the above

Q.17) Under Section 32 of the Act, a statement of a person who is dead, is 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 death of his own or someone else

[D] both (b) and ( c) are correct

Q.18) In which of the following cases the evidence given by the witness will not be relevant under section 33 of I.E.A,1872

[A] when witness is staying abroad

[B] when the witness is dead

[C] when witness cannot be found

[D] when the witness is in coma

Q.19) A dying declaration under section 32(1)

[A] can form the sole basis of conviction without any corroboration by independent evidence

[B] can form the basis of conviction only on corroboration by an independent witness

[C] cannot form the sole basis of conviction unless corroborated by an independent witness

[D] only (b) and ( c) are correct

Q.20) Declaration in course of business is admissible

[A] under section 32(1)

[B] under section 32(2)

[C] under section 32(3)

[D] under section 32 (4)

Q.21) Under section 32(4), the declaration

[A] as to public rights and customs are admissible

[B] as to private rights and customs are admissible

[C] as to public and private rights and customs are admissible

[D] only as customs are admissible

Q.22) Under Section 167, the improper admission or rejection of evidence is

[A] not a ground for reversal of judgment or new trial of the case

[B] a ground for reversal of judgment or a new trial of the case if there is a rejection of an important document or refusal of permission for examination of material witness

[C] both (a) and (b) are correct

[D] only (b) is correct

Q.23) Estoppel is

[A] a principle of law by which a person is held bound by the representation made by him or arising out of his conduct

[B] a principle of law by which a person is held not bound by the representation made by him or arising out of his conduct.

[C] a kind of presumption

[D] a kind of evidence

Q.24) The doctrine of estoppel is a

[A] rule of evidence

[B] substantive rule of law

[C] rule of pleading

[D] none of the above

Q.25) The principle of estoppel says that

[A] a man cannot approbate and reprobate

[B] a man cannot blow hot and cold at the same time

[C] a man shall not be allowed to say one thing at a time and different thing at other time

[D] all are correct

Q.26) Mark the incorrect statement

[A] estoppel is only a rule of civil action and has no or limited application in criminal proceedings

[B] estoppel is binding upon litigating parties

[C] estoppel deals with questions of facts

[D] estoppel deals with questions of rights

Q.27) Estoppel can be

[A] by the matter of record

[B] by deed

[C] by pais or representation or conduct

[D] all of the above

Q.28) Which of the following is an essential ingredient of estoppel by conduct under section 115

[A] a representation made by the defendant to the plaintiff

[B] plaintiff altering his position on the basis of the representation

[C] detriment to the plaintiff

[D] all of the above

Q.29) Mark the incorrect statement

[A] estoppel can be by silence or negligence or election

[B] detriment is not necessary to create an estoppel against the state

[C] estoppel is a rule of equity under the common law, but in India, it is a rule of law

[D] promissory estoppel is not recognised in India

Q.30) Under Promissory Estoppel

[A] the representation is to an existing fact

[B] the representation is of future intention or promise

[C] both (a) and (b) are correct

[D] none of the above

Q.31) Which of the following is an exception to the doctrine of estoppel?

[A] where a minor represents fraudulently or otherwise that he is of age and thereby induces another to enter into a contract with him.

[B] when true facts are known to both the parties

[C] when both the parties plead estoppel

[D] all of the above

Q.32) There can be no estoppel

[A] on the point of law

[B] against a statute

[C] against a rule of law

[D] all of the above

Q.33) The Principle of Promissory Estoppel found its root:

[A] As an exception to the doctrine of consideration in the law of contract

[B] As a rule of future consideration in the law of contract

[C] As a rule of past consideration in the law of contract

[D] None of the above

Q.34) Which of the following is a leading case on estoppel

[A] Sharat Chandra Dey v. Gopal Chandra Laha

[B] Ganga Bai v. Chabbubai

[C] Amar Singh v. State of Punjab

[D] None of the above

Q.35) A intentionally and falsely leads B to believe that certain land belongs to A and thereby induces B to buy and pay for it. The land afterwards becomes the property of A and A seeks to set aside the sale on the ground that at the time of sale, he had no title

[A] A must not be allowed to prove his want of title

[B] A must be allowed to prove his want of title

[C] The court will decide

[D] None of the above

Q.36) A government license was granted to a person to establish a sawmill and he spent huge sums of money acting on the grant the government subsequently changed policy refusing to grant any further licenses

[A] government would be bound to get that particular license

[B] government would not be bound to grant that particular license as it is a matter of government policy.

[C] government would be bound to grant that particular license through the policy may be revised for the future.

[D] none of the above

Q.37) A local development authority announced a housing scheme and accepted applications under it, subsequently finding that the scheme violated the Master Plan and cancelled it.

[A] it is free to do so without any shackles of promissory estoppel

[B] it is not free to do so due to promissory estoppel

[C] it is free to do so without any shackles of promissory estoppel as there cannot be any estoppel against the government in the exercise of its soverign, legislative and executive functions

[D] none of the above

Q.38) Mark the incorrect statement

[A] no action arises on the estoppel itself

[B] estoppel should be specifically pleaded

[C] both (a) and (b) are incorrect

[D] none of the above

Q.39) Which of the following statement is correct?

[A] Section 115 of I.E.A applies to contracts by infants

[B] Pardanashin women are exempt from estoppel

[C] A representation made by an agent is effectual for estoppel as if it had been made by his principal

[D] An admission by an advocate even if it is erroneous in law is binding on his client

Q.40) The doctrine of estoppel is contained in

[A] section 115

[B] section 116

[C] section 117

[D] section 114

Q.41) The doctrine of estoppel is a

[A] substantive law

[B] rule of equity

[C] rule of pleading

[D] rule of evidence

Q.42) What is estoppel?

[A] Prohibition from proving certain facts

[B] Prohibition from claiming property

[C] To stop a person

[D] None of the above

Q.43) Which of the following does not figure in section 115 while dealing with applying the principle of Estoppel:

[A] Conduct

[B] Act

[C] Omission

[D] Declaration

Q.44) Estoppel can be

[A] by the matter of record resulting from the judgment of a competent court

[B] by deed resulting from entering into a solemn engagement as to certain facts

[C] by pais arising from agreement or contract and from act or conduct of misrepresentation resulting in a change of position

[D] all of the above

Q.45) Estoppel can be by

[A] attestation

[B] recital indeed

[C] standing by

[D] all of these

Q.46) Estoppel can be by

[A] silence

[B] negligence

[C] election

[D] all of the above

Q.47) Which one of the following under I.E.A,1872 is not a kind of estoppel

[A] Estoppel by will

[B] estoppel by record

[C] Estoppel by deed

[D] Estoppel by conduct

Q.48) Estoppel

[A] is a cause of action

[B] creates a cause of action

[C] both (a) and (b) are correct

[D] neither (a) nor (b) are correct

Q.49) Estoppel

[A] should be specifically pleaded

[B] need not be specifically pleaded

[C] may be specifically pleaded or may not be specifically pleaded

[D] both (b) and ( c) are correct

Q.50) The Rule of estoppel of tenants and a licensee of the person in possession is contained in

[A] section 116

[B] section 117

[C] section 118

[D] section 119

Q.51) Estoppel operates in the case of a tenant

[A] during the continuance of a tenancy

[B] who remain in possession after the termination of tenancy by notice to quit

[C] both (a) and (b) are correct

[D] only (a) is correct

Q.52) Under section 116 of the Evidence Act the tenant is estopped from

[A] denying the title of the property of the landlord

[B] denying the title of the property of the actual owner

[C] both (a) and (b) are correct

[D] only (b) not (a)

Q.53) A tenant or licensee under section 116 of the evidence act is estopped from denying the title of landlord

[A] during the continuance of tenancy

[B] after the creation of tenancy or licence

[C] after the surrender of possession under tenancy or licence

[D] all of the above

Q.54) The following is/are exceptions to the rule of hearsay

[A] dying declaration

[B] res gestae

[C] confession

[D] all the above

Q.55) A "Dying Declaration" made under Section 32 of I.E.A, 1872 is subject to the control of

[A] Section 164 of the CrPc,1973

[B] Section 161 and 162 of CrPc,1973

[C] section 52 and 54 of I.E.A 1872

[D] section 158 of the I.E.A,1872

Q.56) A Statement of an injured person is recorded as a dying declaration however he survives. His statement is admissible under which section of the Evidence Act?

[A] section 32

[B] section 60

[C] section 85

[D] section 157

Q.57) A dying declaration under section 32(1) is admissible in evidence

[A] only when it is reduced in writing

[B] even made it is made to a police officer

[C] only when it is made to a Magistrate

[D] only when it is made in the immediate presence of a doctor

Q.58) The doctrine of estoppel means

[A] not to make a statement in consonance with the earlier statement

[B] restriction to make a statement contrary to the earlier statement/statement

[C] res judicata

[D] vague statement

Q.59) A dying declaration recorded by the police officer in the form of FIR before the death of the author without obtaining a certificate as to his mental fitness:

[A] cannot be treated as a dying declaration

[B] cannot be read in evidence

[C] can be treated as a dying declaration

[D] cannot be admitted in evidence

Q.60) In a suit after the examination and cross-examination of the witness the plaint was returned for presentation to the court of competent jurisdiction. Before proceedings started in the court, the witness died. His deposition is

[A] admissible under section 32

[B] admissible under section 33

[C] admissible under section 6

[D] inadmissible in evidence

Q.61) Which of the following statements is correct for admissibility in evidence under section 32(1) of Indian Evidence Act?

[A] dying declaration must be in writing

[B] dying declaration must be made under the exception of death

[C] dying declaration may be verbal

[D] dying declaration must be made to a Magistrate

Q.62) Which one of the following sections of the Act deals with the relevancy of statements as to any law contained in law books?

[A] section 37

[B] section 38

[C] section 36

[D] section 39

Q.63) Which of the following statement is correct?

[A] A dying declaration recorded by a Magistrate not empowered under section 164 CrPc cannot be proved by the oral evidence of the Magistrate

[B] The credit of the declarant cannot be impeached

[C] A dying declaration is substantive evidence

[D] If the declarant is not examined although alive, his declaration is admissible

Q.64) With respect to Dying Declaration under I.E.A,1872, choose the true statement about propositions: (I) Percentage of burn injury alone would not determine the admissibility of dying declaration. (II) The absence of a medical certificate to fit the state of the body is a fit ground to throw the dying declaration. (III) The opinion of the Magistrate as to fit the state of mind/body would decide the reliability of the dying declaration.

[A] I and II are correct, III is incorrect

[B] II and III are correct, I is incorrect

[C] I and III are correct, II is incorrect

[D] all are correct

Q.65) The form of Dying Declaration is

[A] immaterial

[B] material

[C] must be in writing only

[D] must be orally spoken only

Q.66) Kaushal Rao v. State of Bombay, AIR 1958 SC 22 is related to which topic of the law of evidence

[A] confession

[B] admission

[C] dying declaration

[D] estoppel deals with questions of rights

Q.67) Under the Act which one of the following is not an essential condition for admissibility of dying declaration?

[A] the statement as to any of the circumstances of the transaction which resulted in his death

[B] the person making the statement must be under the expectation of death at the time of making such a statement

[C] death of the person making dying declaration is a must

[D] the statement must be to the cause of his death

Q.68) Queen Empress v. Abdullah is the leading case on

[A] admission confession

[B] confession

[C] Statement

[D] dying declaration

Q.69) Statement of a person who is dead or cannot be found is not relevant

[A] when it is made in the course of business

[B] when it is in favour of the interest of the maker

[C] when it relates to the circumstances of the transaction resulting in his death

[D] when it relates to the existence of relationships

Q.70) Section 32of I.E.A does not speak of which of the following kind of persons;

[A] Person who is dead

[B] Person who cannot be found

[C] Person who is unwilling to give evidence

[D] Person who has become incapable of giving evidence

Q.71) Statement of relevant fact by person who is dead or cannot be found is relevant

[A] civil proceedings

[B] criminal proceedings

[C] neither civil nor criminal proceedings

[D] both civil and criminal proceedings

Q.72) Q intentionally leads R to believe that a flat belongs to Q and thereby induces R to buy and pay for it. The flat afterwards becomes the property of Q. Q must not be allowed to prove his want of title.

[A] because of rule of subrogation

[B] because of rule of estoppel

[C] because of principle of res-judicata

[D] because of rescindable contract

Q.73) In which of the following cases was the principle of estoppel clearly framed

[A] Polanski v. Conde Nast Publications Ltd.

[B] R. v. Faster

[C] Queen v. Holmes

[D] Pickard v. Sears

Q.74) In which of the following cases a statement need not be in writing

[A] for contradicting a witness under section 145 of I.E.A,1872

[B] a dying declaration

[C] a statement used to refresh the memory of a witness

[D] a statement which can be used under section 162 of CrPC

Q.75) Under section 33 evidence of witness A recorded in an earlier judicial proceedings can be produced in another judicial proceeding where:

[A] witness A is alive

[B] witness A is alive and is incapable of giving evidence

[C] criminal proceedings are pending against witness A

[D] there was no right but opportunity of cross-examination of A was granted in the first judicial proceedings.

Q.76) Dying declaration under section 32 means a statement written or verbal pf relevant facts made by a person, who is dead. It is the statement of a person who had died explaining the circumstances of his death. This is based on the maxim -

[A] dies dominicus non est juridicus

[B] Nemo moriturus praesumitur mentire

[C] Mors dicitur ultimum supplicium

[D] de die in diem

Q.77) Which of the following could be proved as a dying declaration after the death of a person?

[A] FIR lodged by the person (deceased)

[B] statement of the person (deceased) recorded under section 161 CRPC

[C] Statement of the person (deceased) recorded by the executive magistrate

[D] All of the above

Q.78) Which one of the following sections have been substituted for the old section by the Information Technology Act, 2000?

[A] section 39

[B] section 22

[C] section 47

[D] section 65

Q.79) Case of Pakala Narain Swamy v. Emperor relates to

[A] doctrine of estoppel

[B] accomplice

[C] dying declaration

[D] cross examination

Q.80) A woman is raped and makes a statement that A raped her. Two days later she commits suicide. Her statement regarding rape is

[A] admissible as dying declaration

[B] not admissible as dying declaration

[C] admissible as dying declaration only if there is some evidence directly connecting her death with the incident of rape

[D] none of the above

Q.81) When can a person prove his own statement constituting admission or it may be proved on his behalf?

[A] When it is relevant as dying declaration

[B] When it is relevant as admission

[C] When it is relevant as confession

[D] When it is only an oral admission as to content of electronic record

Q.82) In which of the following categories, an opinion contained in the book of a deceased expert which is produced in evidence in a court, is put:

[A] Oral evidence

[B] Documentary evidence

[C] Evidence under section 32

[D] Evidence as hearsay evidence

Q.83) According to which section statements as to fact to public nature contained in notifications are relevant?

[A] section 33

[B] section 35

[C] section 36

[D] section 37

Q.84) Which sub-section of section 32 makes the facts of relations between parties who are not alive relevant

[A] sub-section 1

[B] sub-section 3

[C] sub-section 5

[D] sub-section 6

Q.85) Which court gave the final judgment in the case of Pakala Narain Swamy v. Emperor?

[A] Madras High Court

[B] Supreme Court

[C] Privy Council

[D] Federal Court

Q.86) Which of the following statement is correct?

[A] estoppel is not a rule of evidence

[B] estoppel from record constitutes bar of res judicata

[C] there can be estoppel on point of law

[D] there can be estoppel when the truth of the matter is known to both the parties

Q.87) Mark the correct statement

[A] the doctrine of estoppel is applied only in civil matters

[B] the doctrine of estoppel is applied only in criminal matters

[C] the doctrine of estoppel is applied in civil and criminal matters

[D] all of the above are incorrect

Q.88) Estoppel is a rule of

[A] civil law

[B] criminal law

[C] both (a) and (b) are correct

[D] police inquiry

Q.89) Kinds of estoppel are

[A] estoppel by deed

[B] estoppel by record

[C] both (a) and (b) are correct

[D] none of the above

Q.90) The Doctrine of holding out is an application of the principle of :

[A] Agency

[B] Estoppel

[C] Vicarious liability

[D] Privity of contract

Q.91) Estoppel of acceptor of bill of exchange, bailee or licensee is provided in

[A] section 117

[B] section 118

[C] section 119

[D] all of the above

Q.92) Admission is not conclusive proof of the matters admitted but they may operate as

[A] formal proof

[B] estoppel

[C] concession

[D] waiver of proof

Q.93) Mr. X managed to get admission to the MBBS course under a false caste certificate. University took three long years to verify it and ultimately cancelled the admission of Mr X can estoppel work against the university?

[A] Yes, as it took 3 years to cancel admission

[B] No, as it is against the statutes

[C] No, as the student has committed fraud himself

[D] Yes, as equity favours Mr. X

Q.94) Which case is related to estoppel

[A] Pickard v. Sears

[B] Sarat Chandra Day v. Gopal Chandra

[C] Sangeeta Srivastav v. U.N. Singh

[D] All of these

Q.95) Which provision is not related to estoppel?

[A] section 115

[B] section 116

[C] section 117

[D] section 135

Q.96) When one person has by his declaration, act or omission, initially 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 it is known as?

[A] declaration about evidence

[B] doctrine of estoppels

[C] doctrine of lis pendens

[D] doctrine of rampant

Q.97) Which case is not related to estoppel?

[A] Sarat Chandra Day v. Gopal

[B] Pickard v. Sears

[C] Mercantile Bank of India Ltd. v. Central Bank of India Ltd.

[D] Stillman v. Stillman

Q.98) Against which there is no estoppel

[A] estoppel against sovereign acts

[B] estoppel against statute

[C] estoppel against law

[D] all of these

Q.99) Which of the following chapters of the I.E.A deals with "Of improper admission and rejection of evidence"?

[A] IX

[B] X

[C] XI

[D] XII

Q.100) Which section of I.E.A makes the provision that there shall be no new trial on the ground of improper admission on rejection of evidence?

[A] Section 166

[B] Section 165

[C] Section 167

[D] Section 161

Answers

Q.1) D

Q.2) A

Q.3) D

Q.4) C

Q.5) C

Q.6) D

Q.7) D

Q.8) C

Q.9) D

Q.10) A

Q.11) D

Q.12) C

Q.13) D

Q.14) D

Q.15) A

Q.16) D

Q.17) A

Q.18) A

Q.19) A

Q.20) B

Q.21) A

Q.22) C

Q.23) A

Q.24) A

Q.25) D

Q.26) D

Q.27) D

Q.28) D

Q.29) D

Q.30) B

Q.31) D

Q.32) D

Q.33) A

Q.34) A

Q.35) A

Q.36) C

Q.37) D

Q.38) D

Q.39) C

Q.40) A

Q.41) D

Q.42) A

Q.43) A

Q.44) D

Q.45) D

Q.46) D

Q.47) A

Q.48) D

Q.49) A

Q.50) A

Q.51) C

Q.52) A

Q.53) A

Q.54) D

Q.55) D

Q.56) D

Q.57) B

Q.58) B

Q.59) C

Q.60) B

Q.61) C

Q.62) B

Q.63) C

Q.64) C

Q.65) A

Q.66) C

Q.67) B

Q.68) D

Q.69) B

Q.70) C

Q.71) D

Q.72) B

Q.73) D

Q.74) B

Q.75) B

Q.76) B

Q.77) D

Q.78) A

Q.79) C

Q.80) C

Q.81) A

Q.82) C

Q.83) D

Q.84) D

Q.85) C

Q.86) B

Q.87) A

Q.88) A

Q.89) C

Q.90) B

Q.91) A

Q.92) B

Q.93) C

Q.94) D

Q.95) D

Q.96) B

Q.97) D

Q.98) D

Q.99) C

Q.100) C

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