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Test: Oral Evidence, under the Indian Evidence Act - Judiciary Exams MCQ


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10 Questions MCQ Test Civil Law for Judiciary Exams - Test: Oral Evidence, under the Indian Evidence Act

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Test: Oral Evidence, under the Indian Evidence Act - Question 1

According to the Indian Evidence Act of 1872, which statements fall under the category of oral evidence?

Detailed Solution for Test: Oral Evidence, under the Indian Evidence Act - Question 1
Oral evidence, as defined in the Indian Evidence Act of 1872, includes statements made by witnesses directly related to the subject matter being discussed in court. These statements are crucial for providing firsthand accounts and testimonies regarding the events or circumstances under consideration, contributing to the overall body of evidence in legal proceedings.
Test: Oral Evidence, under the Indian Evidence Act - Question 2

According to Section 59 of the Indian Evidence Act, how can facts be proven, except for electronic records?

Detailed Solution for Test: Oral Evidence, under the Indian Evidence Act - Question 2
Section 59 of the Indian Evidence Act specifies that, except for electronic records, facts can be proven through oral evidence. This form of evidence involves verbal statements presented in court. While oral testimony is considered less reliable than documented proof, it plays a vital role in the administration of justice.
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Test: Oral Evidence, under the Indian Evidence Act - Question 3

What recent development has allowed the admissibility of electronic records as evidence in court?

Detailed Solution for Test: Oral Evidence, under the Indian Evidence Act - Question 3
Electronic records were initially inadmissible in court; however, amendments to the Information Technology Act now allow their use as evidence. This development reflects the evolving nature of legal frameworks to accommodate technological advancements in the realm of evidence presentation.
Test: Oral Evidence, under the Indian Evidence Act - Question 4
What type of evidence does Section 60 emphasize should be the basis for oral evidence in legal proceedings?
Detailed Solution for Test: Oral Evidence, under the Indian Evidence Act - Question 4
Section 60 emphasizes that oral evidence in legal proceedings should be based on facts that a witness has personally seen or heard. This type of evidence is known as direct evidence, which is considered more reliable and firsthand compared to indirect or hearsay evidence.
Test: Oral Evidence, under the Indian Evidence Act - Question 5

In the case of R v Gibson, why was the plaintiff's evidence considered invalid by the court?

Detailed Solution for Test: Oral Evidence, under the Indian Evidence Act - Question 5

The court rejected the plaintiff's evidence in the case of R v Gibson because it was considered hearsay. The plaintiff did not witness the act but relied on information from another person, making it second-hand information and not based on personal knowledge as required by direct evidence standards.

Test: Oral Evidence, under the Indian Evidence Act - Question 6

What is the significance of opinions presented as evidence?

Detailed Solution for Test: Oral Evidence, under the Indian Evidence Act - Question 6

Opinions presented as evidence must be rooted in the witness's personal knowledge. This requirement ensures that opinions are based on firsthand experience or expertise rather than information obtained from external sources, enhancing the credibility and reliability of the evidence presented.

Test: Oral Evidence, under the Indian Evidence Act - Question 7
What distinguishes direct evidence from hearsay evidence in a legal context?
Detailed Solution for Test: Oral Evidence, under the Indian Evidence Act - Question 7
Direct evidence in legal proceedings is acquired firsthand by the witness through their own observations and perceptions, while hearsay evidence is information obtained from other individuals and not directly witnessed by the person testifying. This distinction is crucial in determining the credibility and reliability of evidence presented in court.
Test: Oral Evidence, under the Indian Evidence Act - Question 8
What differentiates the liability associated with direct evidence from that of hearsay evidence?
Detailed Solution for Test: Oral Evidence, under the Indian Evidence Act - Question 8
In legal contexts, the responsibility for direct evidence lies clearly with the person providing the testimony. In contrast, the liability associated with hearsay evidence is less clear and may vary depending on specific circumstances. This distinction impacts how evidence is evaluated and considered in legal proceedings.
Test: Oral Evidence, under the Indian Evidence Act - Question 9
What advantage does cross-examination offer in cases involving direct evidence?
Detailed Solution for Test: Oral Evidence, under the Indian Evidence Act - Question 9
Cross-examination plays a critical role in cases involving direct evidence by allowing for a more thorough scrutiny of the statements made by witnesses. This process helps in uncovering inconsistencies, verifying facts, and ensuring the accuracy and reliability of the evidence presented in court.
Test: Oral Evidence, under the Indian Evidence Act - Question 10
What distinguishes the nature of evidence between direct evidence and hearsay evidence in legal proceedings?
Detailed Solution for Test: Oral Evidence, under the Indian Evidence Act - Question 10
In legal contexts, direct evidence typically involves facts that are intended to be proved through firsthand observations, while hearsay evidence is usually admitted under specific exceptional circumstances. Understanding this distinction is crucial for evaluating the weight and admissibility of different types of evidence in legal proceedings.
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