1. A agrees, in writing, to sell a horse to B for Rs. 1,000 or Rs. 1,500. To show which price was to be given—
a. Oral evidence can be given
b. Antecedents of the parties are to be seen
c. Oral evidence' cannot be given
d. None of the above
2. Which of the following facts can be proved under section 95 of the BSA?
a. The policy of insurance is affected on goods in ships from Kolkata to London. The goods are shipped in a particular ship which is lost. A party says that the particular ship was orally excepted from the policy.
b. A agrees in writing to pay Rs. 1000 on the first of March, 2002. A party says that at the same time an oral agreement was made that money should not be paid till the 31st of March, 2002.
c. An estate called the Rampur Tea Estate is sold by a deed which contains a map of the property sold. One party says that land not included in the map had always been regarded ais part of the estate and was meant to pass by the deed.
d. A enters into a written contract with B to work in certain mines, the property of B, on certain terms. A says that he was induced to do so by a misrepresentation of B as to their value.
3. BSA - An estate called "the Rampur tea estate" is sold by a deed which contains a map of the property sold. The fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed, this fact—
a. Can be proved
b. Cannot be proved
c. Proved by the court's permission
d. Proved as secondary evidence
4. Section 95 of BSA applies to
a. Bilateral documents
b. Unilateral documents
c. Both (a) and (b)
d. Either (a) and (b)
5. Section 95 of the BSA is applicable to disputes between:
a. the parties to the instrument only
b. two strangers where the document is in question
c. a party to the instrument and a stranger
d. all of the above
6. A policy of insurance is affected on goods "in ships from Calcutta to London" The goods are shipped in a particular ship which has been lost. The fact that particular ship was orally excepted from the policy:—
a. can be proved
b. cannot be proved-
c. can be partly proved
d. none of these
7. A hires lodgings of B and gives a card on which is written "Rooms Rs. 200 a month" A tenders oral evidence to prove a verbal agreement that these terms were to include partial board. The evidence is:
a. Inadmissible under section 94 of the BSA .
b. Inadmissible under section 95 of the BSA
c. Admissible
d. Irrelevant
8. ‘A' agrees to sell to 'B' his white horse in writing. 'A' has two white horses and it becomes uncertain as to which horse was sold. Here in the document there is:
a. patent ambiguity
b. latent ambiguity
c. no ambiguity
d. none of the above
9. Oral evidence is not admissible to clarify the language used in a document when the language is
a. ambiguous or defective on its face
b. plain but not applying to the facts
c. plain but applying to two sets of facts
d. related with terms of regional nature
10. Latent ambiguity in a document means ambiguity:
a. not subject to clarification by oral evidence
b. apparent on the face of the document
c. of hidden character and for the clarification of which oral evidence may be given
d. not allowed to be proved by oral evidence
11. Section 96 of the BSA, applies to the:
a. Patent ambiguity
b. Latent ambiguity
c. Both (a) and (b)
d. None of these
12. For which of the following documents oral evidence cannot be given to remove any ambiguity?
a. Documents in reference to existing fact
b. Documents which need attestation by attesting witnesses
c. Documents containing illegible characters, provincial or local expressions
d. A 'will' to which the Indian Succession Act, 1925 applies
13. A and B make a contract in writing that B shall sell A a house, to be paid for on delivery. At the same time they make an oral agreement that three months' credit shall be given to A. Can evidence of this oral agreement be given in a court?
a. Yes, by A against a third party
b. Yes, by A against B or vice versa
c. Yes, by a third party against A or B
d. Yes, by a third party, only if he is affected, against A or B
14. The principle stated in Section 109 of the BSA is an application of the principle of
a. res gestae
b. res ipsa loquitur
c. res-judicata
d. rebus sic stantibus
15. Consider the following statements: In criminal proceedings the burden of proof is
1. on the prosecution to prove the guilt of the accused person.
2. on the accused to prove his innocence. Which of the statements given above is/are correct?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
16. Which Section of the BSA is not on 'shifting of burden of proof'?
a. Section 104
b. Section 105
c. Section 108
d. Section 111
17. In criminal proceedings, the burden of proof is
a. on the prosecution to prove the guilt of the accused
b. on the accused to prove his innocence
c. on both the parties
d. court decides on whom the burden of proof lies
18. Which one of the following is correctly matched under the BSA?.
a. Burden of Proof—Section 104
b. Dowry Death—Section 128
c. Dumb witness—Section 110
d. Accomplice—Section 125
19. In a criminal case, the primary burden to prove a fact is upon:
a. Accused
b. Prosecution
c. Police
d. Court
20. Burden of proof under Section 104 of the BSA:
a. goes on shifting as the trial proceeds
b. never shifts
c. may shift
d. both (a) and (c) are correct
21. Burden of proof under Section 104 of the BSA:
a. never shifts
b. goes on shifting as the trial proceeds
c. may shift
d. may shift with the permission of the court
22. A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. According to the BSA the burden of proof is on
a. A, under Section 104
b. B, under Section 103
c. A, under Section 106
d. B, under Section 108
23. The burden of proof means the obligation to prove a fact. This is defined under
a. Section 108 of the BSA
b. Section 104 of the BSA
c. Section 200 of the BSA
d. Section 100 of the BSA
24. On whom does the burden of proof lie?
a. On prosecution
b. On accused
c. On both
d. On the discretion of the court
25. In election petition the burden of proof lies on:
a. the person who contested election
b. the person who challenged election
c. Election Commission
d. Election agent
26. On whom the burden of prove lies in a criminal case?
a. Prosecution
b. On the discretion of the court
c. Accused
d. Both Prosecution and Accused
27. ‘A' prosecuted ‘B’ for theft and wishes the Court to believe that 'B' admitted the theft to 'C'. Who shall have to prove the admission?
a. C .
b. B
c. A
d. Either B or C
28. Burden of proof under Section 104 of the BSA
a. goes on shifting as the trial proceeds
b. never shifts
c. may shift
d. both (a) and (c) are correct
29. Burden of introducing evidence under Section 105 of the BSA—
a. Shifts at times
b. Never shifts
c. Constantly shifts
d. None of these
30. "The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side." This provision is contained in which Section of the BSA?
a. Section-104
b. Section-114
c. Section-105
d. Section-105
31. Burden of proof in a criminal proceeding is upon
a. the prosecution
b. accused
c. victim
d. none of the above
32. According to the BSA, the burden of proof in a suit or proceeding lies on the person:
a. who instituted the suit or proceeding
b. against whom the suit or proceeding is instituted
c. who would fail if no evidence at all were given on either side
d. whom the court may call upon
33. Burden of introducing evidence under Section 105 of BSA
a. Never shifts
b. Occasionally shifts
c. Constantly shifts
d. Only (a) and not (b) or (c)
34. Under Section 105 of the BSA burden of proof:
a. Seldom changes
b. Never changes
c. Changes continuously
d. None of these
35. The principle of proving beyond reasonable doubt applies to:—
a. Criminal proceedings only
b. Civil proceedings only
c. Evidence Law
d. All the Civil and Criminal proceedings
36. A prosecutes B for theft and wishes the court to believe that B admitted the theft to C who must prove the admission:
a. A
b. B
c. C
d. Prosecution
37. 'A' accused of murder, alleges that by grave and sudden provocation, he was deprived of the power of self-control. 'B' denies this fact
a. The burden of proof must be shared by both 'A' and 'B'
b. The burden of proof is on TT
c. The burden of proof is on prosecution
d. The burden of proof is on 'A'
38. To prove the case of 'alibi' the burden lies on
a. The prosecution
b. The complainant
c. The witness
d. The accused
39. 'A' wishes to prove dying declaration by 'B'. 'A' must prove B's death. Which section of the BSA provides so?
a. Section 26
b. Section 106
c. Section 107
d. Section 105
40. 'A' wishes to prove a dying declaration by 'B'. The burden to prove that 'B' is dead is on:
a. the state
b. family members of 'B'
c. legal Heir of 'B'
d. 'A'
41. ‘A’ wishes to prove a dying declaration by 'B', ‘A’ must prove 'B's death. Which Section of the BSA, provides for such eventuality?
a. Section 32
b. Section 107
c. Section 32(2)
d. Section 105
42. 'A', accused of murder, alleges that by grave and sudden provocation he was deprived of the power of self control. On whom the burden of proof lies in the above situation to establish grave and sudden provocation?
a. On the prosecution
b. On ‘A’
c. On the Court
d. On the witnesses
43. In criminal trials, the onus is on the accused to prove that his case falls in
a. any of the general exception
b. any of the special exception
c. any of the proviso to any provision
d. all of the above
44. Section 108 of BSA is intended to apply to which of the following?
a. Criminal trials
b. Civil suit
c. Both (a) and (b)
d. Neither (a) nor (b)
45. 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
46. An, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control under BSA, the burden of proof is on
a. Prosecution
b. Accused
c. Victim
d. None of the above
47. The burden of proving that the case of the accused comes within any of the General Exceptions in the BNS is upon the
a. prosecution
b. court
c. accused
d. investigating police officer
48. Section 108 of the BSA requires that the Court presume the absence of such circumstances which brings a case within the purview of the General Exceptions in the BNS.
a. must
b. shall
c. may
d. ought to
49. Under BSA, in a trial, the burden of proving the plea of insanity of accused lies on:
a. Prosecution
b. Accused
c. Civil Surgeon to whom the accused was referred for examination
d. First on Prosecution then in reply upon accused
e. None of these
50. 'A', accused of murder, alleges that by grave and sudden provocation he was deprived of the power of self control. On whom the burden of proof lies in the above situation to establish grave and sudden provocation?
a. On the prosecution
b. On ‘A’
c. On the Court
d. On the witnesses
51. 'A' accused of murder, alleges that by grave and sudden provocation, he was deprived of the power of self-control. 'B' denies this fact:—
a. The burden of proof must be shared by both A and B
b. The burden of proof is on 'B'
c. The burden of proof is on prosecution
d. The burden of proof is on 'A'
52. Section 108 of BSA applies to:—
a. Criminal Trials
b. Civil Trials
c. Both (a) and (b)
d. Neither (a) nor (b)
53. Burden of proving plea of insanity lies on
a. The accused
b. The prosecution
c. Civil surgeon to whom the accused was referred for examination
d. Both (a) & (c) .
54. Burden of proving the existence of exceptions is put on accused by the BSA under Section
a. 102
b. 103
c. 108
d. 106
55. "A" is charged with travelling on a railway without a ticket, the burden of proving that he had a ticket is on:
a. Prosecution
b. Accused
c. Complainant
d. Prosecution witness
56. Which Section of the BSA is related with doctrine of ‘Res ipsa loquitor'7
a. Section 102
b. Section 104
c. Section 109
d. Section 108
57. 'A' is charged with travelling on a railway without ticket, the burden of proving that 'A‘ had a ticket is on—
a. Ticket checker
b. Railway
c. ‘A’
d. Prosecution
58. Section 109 of the BSA is based on the principle of:
a. res gestae
b. res ipsa loquitur
c. res judicata
d. none of these
59. A is charged with travelling in a railway without a ticket. The burden of proving that he had a ticket, is
a. on prosecution
b. on accused
c. Neither on prosecution nor on accused
d. None of the above
60. Ram is charged with travelling on a railway without a ticket. Under BSA the burden of proving that Ram had a ticket is on?
a. Ticket Checker
b. Prosecution
c. Police
d. Ram
61. 'Any person' in Section 109 of the BSA, refers to
a. a party to the suit
b. a stranger to the suit
c. a witness
d. none of the above
62. 'A' is charged with travelling on a train without a ticket. The burden of proving that he had a ticket is on:
a. the ticket collector
b. ‘A'
c. the Railways
d. None of the above
63. A traveler while travelling has been asked for the ticket by the ticket checker, the traveler replies he has purchased the ticket. Ticket checker prosecutes the traveler for travelling without ticket. In this case, under which section on whom the burden of proof lies will be determined?
a. Section 109
b. Section 105
c. Section 107
d. Section 104
64. Which of the following Sections of the BSA deals with 'burden of proving fact especially within knowledge'?
a. Section 105
b. Section 109
c. Section 107
d. Section 108
65. Any person in Section 109 of BSA refers to
a. a party to the suit
b. a stranger to the suit
c. a person who is not a party to the suit but interested in the outcome of the suit
d. all of the above
66. A person is presumed to be alive if it is shown that he was alive within years.
a. Fourteen
b. Twenty
c. Seven
d. Thirty
67. 'Presumption of survivorship' is contained in:
a. Section 109 of the BSA
b. Section 110 of the BSA
c. Section 111 of the BSA
d. Section 112 of BSA
68. Section 111 of the BSA provides that when a man has not been heard of for seven years by those who would have heard of him if he had been alive, the burden of proving that he is alive shifts on the person who affirms it.
a. naturally
b. normally
c. usually
d. ordinarily
69. The burden of proof regarding continuance of life for thirty years is contained in
a. Section 109 of the BSA
b. Section 110 of the BSA
c. Section 111 of the BSA
d. Section 112 of the BSA
70. The presumption of continuance of life is contained in Section of the BSA
a. 110.
b. 111
c. 112
d. 115
71. 'Civil death' may be presumed, if it is proved that one has not been heard of for:
a. 10 years
b. 20 years
c. 12 years
d. 7 years
72. For presumption of death under Section 111 of the BSA, the person is shown to be not heard for a period of:
a. Three years
b. Seven years
c. Twelve years
d. Thirty years
73. A person shall be deemed to be dead if he remained unheard for
a. 5 years
b. 7 years
c. 10 years
d. 12 years
74. A man is alive unless nothing has been heard about him for seven years:
a. it is presumption of law
b. it is natural presumption
c. it is presumption of fact
d. none of the above
75. In law, a man is presumed to be dead if he is not heard of as alive for
a. 4 years
b. 7 years
c. 10 years
d. 15 years
76. To raise a presumption under Section 111 of the BSA as to the death of a person, it must be proved that the person concern has not been heard of for the period of
a. 3 years
b. 7 years
c. 10 years
d. 20 years
77. The man who has disappeared and remained unheard of for seven years by those who would have naturally heard of him, if he was alive, the presumption then arises that he is dead. What shall be the presumption as to time of death of such person?
a. The presumption is that the man died on the date seven years after he was last heard
b. The presumption is that the man died at the beginning of the particular period during these seven years
c. Those who allege that the death should be taken to have occurred at a particular time, will have to prove that fact
d. The presumption is that the man died on the date of judicial pronouncement
78. Death may be presumed, if it is proved that one has not been heard of for
a. 10 years
b. 20 years
c. 12 years
d. 7 years
79. The good faith of a sale by a client to an attorney is in question in a suit brought by the client—
a. The burden, of proving the good faith of the transaction is on the attorney
b. The burden of proving .the good faith of the transaction is on the client
c. Both (a) and (b)
d. None of the above
80. Section 114 of the BSA speaks of such situations where one person stands in a position of to the other person.
a. active faith
b. passive faith
c. active confidence
d. confidence
81. According to the BSA, which one among the following statements is not correct?
a. When it is shown that a person was alive within thirty years, the burden of proving that he is dead is on the person who affirms it
b. When it is shown that a person was not heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is on the person who affirms it
c. When it is shown that a person is in possession of anything, the burden of proving that he is not the owner is on the person who affirms that he is not the owner
d. When it is shown that one person stands to the other in a position of active confidence, the burden of proving the good faith of a transaction between them is on the party that reposed confidence in the other
82. Which Provision of the BSA provides that birth during marriage is conclusive proof of legitimacy?
a. Section 113
b. Section 114
c. Section 116
d. None of the above
83. Legitimacy of child born during valid marriage is presumed under which Provision of the BSA?
a. Section-121
b. Section-119
c. Section-116
d. None of the above
84. In case a child is born within 280 days of dissolution of marriage, the mother remaining unmarried the presumption of legitimacy of child under section 116 of BSA arises:
a. If the father is alive on the day the child is born
b. If the father is not alive on the day the child is born
c. Irrespective of whether the father is alive or dead on the day the child is born
d. Either (a) or (b)
85. Section 116 of the BSA, provides for:
a. Presumption of life
b. Presumption of marriage
c. Presumption of death
d. Presumption of legitimacy
86. Section 116 of the BSA applies when there is a dispute regarding
a. maternity of child
b. paternity of child
c. both (a) and (b)
d. either (a) or (b)
87. The Court draws a presumption of legitimacy when any person is born during the continuance of a valid marriage between his mother and any man .This presumption is relevant under Section 116 of the BSA when there is a dispute relating to the
a. maternity of the child
b. paternity of the child
c. both maternity and paternity
d. guardianship of the child
88. Unless non-access is proved, the presumption as to legitimacy of any child born during the continuance of a valid marriage between his mother and any man is—
a. Rebuttable presumption of law
b. Presumption of fact
c. Mixed presumption of law and fact
d. Irrebuttable presumption of law
89. The rigor of conclusive presumption of legitimacy under Section 116 of the BSA can only be rebutted by:
a. DNA testing about paternity
b. non-access of parties
c. the fact that wife was observing the menstrual period
d. the fact that the wife had undergone tubectomy recently
90. Presumption under Section 116 of the BSA is raised
a. when a child is born during the continuance of valid marriage
b. when a child is born within 280 days of dissolution of marriage, the mother remaining unmarried
c. in both (a) & (b)
d. neither (a) nor (b)
91. In case a child is born within 280 days of dissolution of marriage, the mother remaining unmarried the presumption of legitimacy of child under Section 116 of BSA arises:
a. if the father is alive on the day the child is born
b. if the father is not alive on the day the child is born
c. irrespective of whether the father is alive or dead on the day the child is born
d. none of the above
92. Legitimacy of a child born during the continuance of a valid marriage or within 280 days after its dissolution, mother remaining unmarried under Section 116 of the BSA, is
a. irrebuttable presumption
b. rebuttable presumption
c. conclusive proof
d. none of the above
93. Birth during subsistence of marriage is a conclusive proof of legitimacy. This provision is found which following Sections of the BSA?
a. Section 113
b. Section 116
c. Section 115
d. Section 121
94. If a child is born within days after the dissolution of a valid marriage, it is a conclusive proof of the legitimacy of the child
a. 270
b. 275
c. 280
d. 285
95. A child born out of valid marriage can be proved to be legitimate child of the husband if it is born within—of its dissolution
a. 280 days
b. One year
c. Nine months
d. None of the above
96. The presumption of legitimacy under Section 116 is
a. presumption of law
b. presumption of fact
c. mixed presumption of law and fact
d. None of the above
97. The presumption under Section 116 of the BSA is relevant when there is dispute relating to the:
a. Maternity of the child
b. Paternity of the child
c. Both (a) and (b)
d. Guardianship of the child
98. 'Conclusive proof of legitimacy' of a child born during the valid marriage is dealt under which Section of the BSA?
a. Section 121
b. Section 119
c. Section 116
d. None of the above
99. Select the most appropriate statement.
a. A child born during marriage is a conclusive proof of legitimacy.
b. A child born during marriage may be presumed as legitimate child.
c. A child born during marriage shall be considered as a conclusive proof of legitimacy unless rebutted.
d. No presumption will be drawn about a child born during marriage.
100. Section 116 of BSA provides for presumption of
a. life
b. marriage
c. death
d. legitimacy
101. Presumption under Section 117 of BSA pertains, to
a. Dowry death
b. Custodial death
c. Abatement of suicide by a married woman
d. Absence of consent in certain prosecutions for rape
102. Under which Section of the BSA the presumption as to abetment of suicide by a married woman is dealt?
a. Section 117
b. Section 118
c. Section 114
d. Section 116
103. In which Section of the BSA, 'the presumption as to abetment of suicide by a married woman is given:—
a. Section 109
b. Section 111
c. Section 112
d. Section 117
104. In the BSA, the provision on presumption as to abetment of suicide by a married woman is contained in
a. Section 112
b. Section 113
c. Section 114
d. Section 117
105. Presumption as to abetment to commit suicide by a married woman has been given—
a. Under Sec. 114 of the BSA
b. Under Sec. 117 of the BSA
c. Under Sec. 113 of the BSA
d. Under Sec. 112 of the BSA
106. Court will presume an abetment of suicide by a married woman, when it is shown that she committed suicide within a period of of her marriage:
a. Three years
b. Five years
c. Seven years
d. Ten years
107. Presumption as to dowry death is laid down in
a. Section 118
b. Section 114
c. Section 117
d. Section 115
108. Under which Provision of BSA court shall presume regarding dowry death:
a. Under section 113
b. Under section 114
c. Under section 118
d. Under section 114
109. Which Section of the BSA is related to dowry death?
a. Section-113
b. Section-118
c. Section-114
d. Section 115
110. In which Section of the BSA 'Presumption as to Dowry Death' is provided?
a. Section 111
b. Section 113
c. Section 118
d. Section 115
111. Which one of the following is not the pre-requisite of presumption as to dowry-death under Section 118 of BSA?
a. Victim was subjected to cruelty or harassment by her husband or relatives
b. Victim had illicit relationship with other male person
c. Such cruelty or harassment was for connections with any demand for dowry
d. It was done within 7 years of the marriage
112. What does Section 118 of BSA deal with?
a. Oral evidence
b. Abetment of suicide
c. Dowry death
d. Legitimacy of child
113. An accused charged under section 103 and 80 of the BNS is acquitted of the offence under section 103 of BNS. The presumption under section 118 of the BSA is:—
a. automatically refuted
b. not refuted
c. not relevant
d. irrelevant and otiose
114. Section 118 of the BSA contains provision regarding
a. presumption as to dowry death
b. presumption as to intention to cause death
c. presumption as to cause of death
d. presumption as to motive of cause death
115. Which is not a precondition to raise a obligatory presumption u/s 118 of The BSA?
a. The accused is being tried for the offence under section 4 of the Dowry Prohibition, 1961
b. The deceased woman was subjected to cruelty or harassment by her husband or his relative
c. Such cruelty or harassment was for, or in connection with any demand for dowry
d. Such cruelty or harassment was soon before her death
116. Section 119 of the BSA provides for certain:
a. presumption of fact
b. rebuttable presumptions of law
c. irrebuttable presumptions of law
d. none of the above
117. In which of the following cases, the court may presume under Section 119:
a. That a man in possession of stolen goods after the theft is either the thief or has received the goods knowing them to be stolen.
b. That judicial and official acts have been regularly performed.
c. That evidence which could be and is not produced would, if produced, be unfavorable to the person withholding it (e.g. the police withholding a piece of evidence).
d. All of the above.
118. Section 119 of the BSA provides which of the following?
a. The Court may ask questions to parties.
b. The Court may stop proceedings.
c. The Court may presume existence of certain facts.
d. The Court may call upon extra proof.
119. Under Section 119 of BSA, Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of
a. Natural events
b. Human conduct
c. Public and private business
d. All of the above
120. The court may presume that
a. when a document creating an obligation is in the hands of the obligor, the obligation has been discharged.
b. judicial and official acts have not been regularly performed.
c. a bill of exchange, accepted or endorsed, was accepted or endorsed for deficient consideration.
d. All these are incorrect.
121. What is provision about an 'Accomplice'?
a. He is not a competent witness
b. His evidence is irrelevant
c. His evidence should be believed blindly
d. His evidence is relevant under Section 119 and 138 of BSA
122. Section 119 BSA deals with—
a. Admissibility of facts
b. Relevancy of facts
c. Relevancy of opinions
d. Legal presumptions.
123. In a prosecution for rape, where sexual intercourse by the accused is proved and the woman states in her evidence before the court that she did not consent,
a. the court may presume that she did not consent
b. the court may regard her evidence as conclusive proof that she did not consent
c. the court may require further proof that she did not consent
d. the court shall presume that she did not consent
124. The presumption under section 120 is a:—
a. rebuttable presumption
b. presumption of fact
c. mixed presumption of law and fact
d. irrebuttable presumption of law
125. Section 120 of the BSA is related to
a. Presumption as to abetment of suicide by a married woman
b. Presumption as to abetment of suicide by a woman
c. Presumption as to absence of consent in certain prosecution for rape
d. None of the above
126. In a case where a doctor commits rape on a woman of 30 years of age under his treatment and the woman says that she did not consent, the court:—
a. will need proof
b. shall presume that she did not consent
c. may need corroboration .
d. may presume or may not presume her consent
127. In criminal proceedings the burden of proof lies:
a. on persecution to prove the guilt of accused beyond reasonable doubt
b. on accused to prove his innocence
c. on both the parties
d. depends on the facts of each case
128. The man who has disappeared and remained unheard of for seven years by those who would have naturally heard of him, if he was alive; the presumption then arises that he is dead. What shall be the presumption as to time of death of such person?
a. The presumption is that the man died on the date seven years after he was last heard
b. The presumption is that the man died at the beginning of the particular period during these seven years
c. Those who allege that the death should be taken to have occurred at a particular time, will have to prove that fact
d. The presumption is that the man died on the date of judicial pronouncement
129. Question of mode of proof is:
a. A question of law which can be raised at any time
b. A question of procedure but has to be raised at the first opportunity and stands waived if not raised at the first opportunity
c. A question of procedure and can be raised at any time
d. A mixed question of law and fact
130. The burden of proof generally lies on .
a. prosecution
b. accused
c. the discretion of the court
d. on both
131. The burden of proving the existence of circumstances bringing the case within the General Exceptions in BNS is
a. upon the prosecution
b. upon the Magistrate
c. upon none
d. upon the accused person
132. On whom the Burden of proof lies in Criminal Case.
a. Prosecution ,
b. Accused
c. Court
d. Lawyer
133. BSA deals privilege
a. as a right only
b. as a duty only
c. as a right and duty both
d. neither as a right nor as a duty
134. X sues Y for money due on a bond. The execution of the bond is admitted, but Y says that it was obtained by fraud, which X denies. The burden of proof is on:
a. Y
b. X
c. The State
d. X and Y both
135. Burden of proof:
a. partially determines the right to begin
b. substantially determines the right to begin
c. wholly determines the right to begin
d. none of the above
136. Burden of proof is lightened by ' ’
a. Presumption
b. Admissions
c. Estoppel
d. All of the above
137. Sections 104 to 114 of the BSA lays down provisions regarding who is to lead evidence and prove the case. These rules are called rules relating to:
a. Burden of proof
b. Presumption of fact
c. Presumption of law
d. Presumptions
138. From presumption an inference may be drawn which may be:
a. affirmative only
b. disaffirmative only
c. affirmative or disaffirmative
d. none of these
139. Which of the following is correct?
a. Rebuttable presumption arises that a man is alive if it is shown that he was alive within thirty years.
b. Rebuttable presumption arises that a man is dead if it is proved that he has not been heard of for seven years by those who would naturally have heard from him if he had been alive.
c. Both (a) and (b)
d. None of these
140. In which chapter of BSA provisions regarding Burden of proof are codified
a. Chapter IV
b. Chapter V
c. Chapter VI
d. Chapter VII
141. Rules as to burden of proof are:
a. rebuttable presumptions of law
b. irrebuttable presumptions of law
c. rebuttable presumptions of fact
d. irrebuttable presumptions of fact
142. Under Section 117 of the BSA the Court presume and under Section 118 of the BSA, the Court presume:
a. may, shall
b. may, may
c. shall, shall
d. shall, may
143. Statement A: The presumption under Section 117 of BSA is not attracted if the marriage took place more than seven years prior to the suicide of woman, even if the cruelty is established by prosecution.
Statement B: By the introduction of Section 117 of BSA, the prosecution is not required to prove the facts beyond reasonable doubt against the accused. Which of the statement is correct?
a. Statement A
b. Statement B
c. Both statement A & B
d. None of the statements
144. A, an illiterate person, executes some document in favour of B. The burden of proof lies on:—
a. A, an illiterate person
b. B, in whose favour document has been executed
c. Both (a) and (b)
d. inference should be drawn from document executed
145. Burden to prove of adverse possession is on
a. Court
b. Plaintiff
c. Defendant
d. None of the above
146. Assertion (A): Even for a child immediately after marriage, presumption of legitimacy under section 116 of the BSA would apply.
Reason (R): The legislature which extended the period of operation of the presumption by 280 days after dissolution of marriage did not chose to exclude any minimum initial period of matrimony for the application of the presumption. Find the correct response:
a. Both (A) and (R) are true and (R) is correct explanation of (A).
b. Both (A) and (R) are true and (R) is not correct explanation of (A).
c. (A) is true but (R) is false.
d. (A) is false but (R) is true.
147. Who among the following is liable to explain the injuries to the accused in a murder trial?
a. The accused
b. The prosecution
c. The witnesses
d. None of these
148. 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
149. In which of the following cases the Supreme Court raised doubts regarding the applicability of the doctrine of equitable estoppel beyond Section 121 BSA?
a. Mercantile Bank of India Ltd. v. Central Bank of India Ltd.
b. Madanappa v. Chandramma
c. Turner Morrison and Co. v. Hungerford Investment Trust Ltd.
d. Sitaram v. State of U.P.
150. A person cannot deny a statement previously made
a. Estoppel
b. Waiver
c. Denial
d. None of these