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Statement of an injured person is recorded as 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
Correct Answer:
Section 157
If a maker of dying declaration survives, his statement can be used under Indian Evidence Act, 1872:
1. As substantive evidence
2. To corroborate the testimony of maker if examined
3. To contradict the testimony of maker if examined
4. Cannot be used at all
A
2 and 3
B
1 and 2
C
1 and 3
D
4 only
E
None of the above
Choice the correct propositions:
1. Evidence of fingerprint expert is substantive evidence.
2. Evidence of fingerprint expert can be used only to corroborate some items of substantive evidence which are otherwise on record.
3. Evidence of fingerprint expert is not substantive evidence.
4. Evidence of fingerprint expert is admissible in all circumstances as expert evidence.
A
1 and 2 are true
B
2 and 3 are true
C
3 and 4 are true
D
2 and 4 are true
A dying declaration under Section 32 of the Evidence Act is admissible in evidence-
A
Only when it is reduced in writing
B
Even when it is made to a police officer
C
Only when it is made to a Magistrate
D
Only when it is made in immediate presence of a Doctor
Evidences are adduced by the parties to the suit about the 'character'. As per the provisions of the Indian Evidence Act, which of the following is/are correct?
1. Evidence of the character in civil proceedings is irrelevant and inadmissible generally.
2. The character evidence is admissible if it affects the amount of damages which he ought to receive.
3. The character evidence is admissible in so far as such character appears from facts otherwise relevant.
Select the correct answer:
A
1 only
B
1 and 2 only
C
2 and 3 only
D
1, 2 and 3
The essential conditions for the dying declaration to be relevant include the
1. Statement is made by a person as to the cause of his death.
2. Statement is made by a person as to any of the circumstances of the transaction which resulted in his death.
3. Person must have been under expectation of death at the time of making the statement.
Which of the above propositions is/are correct?
A
1 and 2
B
2 and 3
C
1 and 3
D
All these
A dying declaration is relevant evidence under section 32 of the Evidence Act notwithstanding it being hearsay evidence, because-
A
A statement by a person as to the cause of his death is grated in law as a solemn statement
B
If a person is dead and anything said by the person as to the cause of death is relevant, since the dead person cannot be brought beforethe court to testify, necessity makes it inevitable to admit said statement
C
Because it is believed that a person would not meet his maker with lies in the mouth
D
Because society owes a duty to dead persons to give them justice
The principle on which a dying declaration is admissible under the Indian Evidence Act, 1872 is indicated in the legal maxim.
A
Actori incumbit onus probandi
B
Nemo moriturus proesumitur mentiri
C
Dormiunt leges aliquando, munquam moriuntur
D
Fatetur facinus qui judicium fugit
A 'Dying Declaration' to be admissible under Indian Evidence Act must be made before
A
Magistrate
B
Police Officer
C
Doctor or Private person
D
Magistrate, Police Officer, Doctor or Private person
Under Indian Evidence Act the dying declaration is not admissible if
A
It relates to cause of action
B
It relates to any transaction of death
C
The person making the statement was not competent in the opinion of the court
D
None of the above
Select the incorrect statements:
1. The Indian Evidence Act does not apply to arbitration proceedings.
2. The Indian Evidence Act does not apply to proceedings before a Commissioner appointed by the court for recording evidence
3. The Indian Evidence Act applies to affidavits presented to Courts
4. The Indian Evidence Act applies to judicial proceedings held before all kinds of military courts
A
2 and 3 are incorrect
B
2, 3 and 4 are incorrect
C
1 and 3 are incorrect
D
None of the above is incorrect