Of Improper Admission And Rejection Of Evidence MCQ Quiz - Objective Question with Answer for Of Improper Admission And Rejection Of Evidence - Download Free PDF
Last updated on May 21, 2025
Latest Of Improper Admission And Rejection Of Evidence MCQ Objective Questions
Of Improper Admission And Rejection Of Evidence Question 1:
As per Section 165 of the Indian Evidence Act, 1872, in respect of any answer given by a witness in reply to the questions asked by the Judge, parties ________
Answer (Detailed Solution Below)
Of Improper Admission And Rejection Of Evidence Question 1 Detailed Solution
The correct answer is have right to cross-examine only with leave of the Court.
Key Points
- Section 165 of the Indian Evidence Act, 1872 empowers the Judge to ask any question he pleases, in any form, at any time, to any witness or party, about any fact relevant or irrelevant, in order to discover or obtain proper proof of relevant facts.
- However, this section also provides that:
- "The parties shall not be entitled to make any objection to any such question or order of the Court... but they shall be entitled to cross-examine the witness with the permission of the Court, on the answer given in reply to any such question."
- Therefore:
- Parties cannot object to the questions asked by the Judge.
- Cross-examination is allowed but only with the permission (leave) of the Court.
Of Improper Admission And Rejection Of Evidence Question 2:
With respect to Section 165 of the Evidence Act 1872, which of the following is incorrect?
Answer (Detailed Solution Below)
Of Improper Admission And Rejection Of Evidence Question 2 Detailed Solution
The correct answer is The questions asked must be relevant questions only.
Key Points
- Section 165 of the Indian Evidence Act, 1872 gives the judge wide discretion to ask any question to discover the truth or to obtain proper proof of relevant facts. The purpose of this section is to allow the judge to go beyond the evidence presented by the parties and ensure that justice is served.
Of Improper Admission And Rejection Of Evidence Question 3:
Which of the following illustrations from Section 9 of the Indian Evidence Act, 1872, demonstrates the relevance of facts necessary to explain or introduce a fact in issue?
Answer (Detailed Solution Below)
Of Improper Admission And Rejection Of Evidence Question 3 Detailed Solution
The Correct Answer is "A is accused of theft and is seen giving the stolen property to B, who then gives it to A's wife, with B's statement about A's instruction to hide it considered relevant".
Key Points Section 9 of the Indian Evidence Act, 1872, emphasizes the relevance of facts necessary to explain or introduce a fact in issue or relevant fact. These facts help in providing context, supporting or rebutting inferences, establishing identity, and explaining the relationship between parties.
- Illustration (b): In a libel case, the position and relations of the parties at the time of the alleged libel are relevant, while particulars of an unconnected dispute are not relevant unless it affects the parties' relations.
- Illustration (e): In a theft case, the fact that A gives the stolen property to B, who then passes it to A's wife with a statement about A's instructions, is relevant as it explains the transaction.
- Illustration (c): In a criminal case, the fact that A left home suddenly with urgent business is relevant to explain why A left, but details of the business are not relevant unless necessary to show its urgency.
- Illustration (d): In a case of inducing breach of contract, C's statement explaining why he left A's service is relevant as it explains his conduct.
Correct Option Explanation:
- Option A: Incorrect. The particulars of an unconnected dispute are irrelevant unless they affect relations between A and B.
- Option B: Correct. This illustrates the relevance of a fact that explains a part of the transaction in a theft case.
- Option C: Incorrect. Finding a weapon at the crime scene is relevant under a different section, not specifically illustrating Section 9.
- Option D: Incorrect. The details of previous business dealings are not necessarily relevant to explain or introduce a fact in issue under Section 9.
Conclusion: Section 9 highlights the importance of contextual facts that explain or introduce the main facts in issue. These facts are essential for a comprehensive understanding of the case and help in establishing the circumstances surrounding the primary evidence.
Of Improper Admission And Rejection Of Evidence Question 4:
A leading case on the admissibility of tape-recorded conversation is:
Answer (Detailed Solution Below)
Of Improper Admission And Rejection Of Evidence Question 4 Detailed Solution
The correct answer is Option 1.
Key PointsThe degree of reliance which can be attributed to the tape-recordings was decided by the Supreme Court in the case of R.M. Malkani v. State of Maharashtra . In this case, the prosecution case was based solely on the tape recorded conversation, which clearly proved the appellant’s intention to obtain a bribe. On the other hand, the appellant contended that such conversation cannot be admitted as evidence as per the provisions of Indian Evidence Act, as it was ‘unlawful’. But the Supreme Court discredited the contention of the appellant and held such conversation to be relevant.
Additional InformationThe Supreme Court in the case of Mahabir Parsad v. Surinder Kaur, was concerned with the evidentiary value which can be attributed to the tape-recordings. The court stated that tape-recordings can be used only as corroborative evidence of the conversation deposed by any of the parties to the conversation. In situations where such evidence is absent, the tape-recordings cannot be used as evidence.
Of Improper Admission And Rejection Of Evidence Question 5:
Which of the following statement(s) is/are incorrect in the context of Section 165 of Indian Evidence Act, 1872 regarding judge's power?
I) A Judge can ask any question he pleases, even irrelevant
II) Judge may order production of any document or thing
III) Any party has right to make any objection to such question or order
IV) The parties have inherent right to cross examine witness upon said question/answer.
Answer (Detailed Solution Below)
Of Improper Admission And Rejection Of Evidence Question 5 Detailed Solution
The correct answer is Option 3
Key Points
- Section 165 deals with the breadth of the inquisitorial aspects of court’s jurisdiction.
- It provides that the judge can question the witness or the party at any questionable if he thinks that this is necessary in order to know the truth about the case or to make the case clearer.
- This section provides the judge the following powers:
1. To ask any question to the witness or the party to the case in any form and about any fact whether they are relevant or not.
2. To able to order for production of document or thing which is related to the case.
- The first proviso deals with the power of the court to question a witness. It provides that the judgment must be based upon the facts, declared by this Act to be relevant, and duly proved and it would be intolerable that the court should decide rights upon suspicious unsupported by testimony.
- The second proviso lays down that the court shall not compel any witness to answer any question or to produce any document which is privileged under sections 121 to 131 both inclusive. Similarly, a judge is not entitled any question which is improper under sections 148 and 149 of the Act.
Additional Information
- In Nepal Chandra Roy Netai Chandra Das & State of Rajasthan the Hon’ble Supreme Court held that the purpose of Section 165 is for providing the court “evidence of evidence” that is evidence which indicates regarding the evidence which have been proved by the parties.
- The power provided under section 165 of the evidence act compliments the person which is given under section 311(Power to summon material witness, or examine person present) of Criminal Procedure Code.
- Section 148 of Evidence Act - Court to decide when question shall be asked and when witness compelled to answer
- Section 149 of Evidence Act - Question not to be asked without reasonable grounds
Top Of Improper Admission And Rejection Of Evidence MCQ Objective Questions
Which of the following statement(s) is/are incorrect in the context of Section 165 of Indian Evidence Act, 1872 regarding judge's power?
I) A Judge can ask any question he pleases, even irrelevant
II) Judge may order production of any document or thing
III) Any party has right to make any objection to such question or order
IV) The parties have inherent right to cross examine witness upon said question/answer.
Answer (Detailed Solution Below)
Of Improper Admission And Rejection Of Evidence Question 6 Detailed Solution
Download Solution PDFThe correct answer is Option 3
Key Points
- Section 165 deals with the breadth of the inquisitorial aspects of court’s jurisdiction.
- It provides that the judge can question the witness or the party at any questionable if he thinks that this is necessary in order to know the truth about the case or to make the case clearer.
- This section provides the judge the following powers:
1. To ask any question to the witness or the party to the case in any form and about any fact whether they are relevant or not.
2. To able to order for production of document or thing which is related to the case.
- The first proviso deals with the power of the court to question a witness. It provides that the judgment must be based upon the facts, declared by this Act to be relevant, and duly proved and it would be intolerable that the court should decide rights upon suspicious unsupported by testimony.
- The second proviso lays down that the court shall not compel any witness to answer any question or to produce any document which is privileged under sections 121 to 131 both inclusive. Similarly, a judge is not entitled any question which is improper under sections 148 and 149 of the Act.
Additional Information
- In Nepal Chandra Roy Netai Chandra Das & State of Rajasthan the Hon’ble Supreme Court held that the purpose of Section 165 is for providing the court “evidence of evidence” that is evidence which indicates regarding the evidence which have been proved by the parties.
- The power provided under section 165 of the evidence act compliments the person which is given under section 311(Power to summon material witness, or examine person present) of Criminal Procedure Code.
- Section 148 of Evidence Act - Court to decide when question shall be asked and when witness compelled to answer
- Section 149 of Evidence Act - Question not to be asked without reasonable grounds
Of Improper Admission And Rejection Of Evidence Question 7:
As per Section 165 of the Indian Evidence Act, 1872, in respect of any answer given by a witness in reply to the questions asked by the Judge, parties ________
Answer (Detailed Solution Below)
Of Improper Admission And Rejection Of Evidence Question 7 Detailed Solution
The correct answer is have right to cross-examine only with leave of the Court.
Key Points
- Section 165 of the Indian Evidence Act, 1872 empowers the Judge to ask any question he pleases, in any form, at any time, to any witness or party, about any fact relevant or irrelevant, in order to discover or obtain proper proof of relevant facts.
- However, this section also provides that:
- "The parties shall not be entitled to make any objection to any such question or order of the Court... but they shall be entitled to cross-examine the witness with the permission of the Court, on the answer given in reply to any such question."
- Therefore:
- Parties cannot object to the questions asked by the Judge.
- Cross-examination is allowed but only with the permission (leave) of the Court.
Of Improper Admission And Rejection Of Evidence Question 8:
With respect to Section 165 of the Evidence Act 1872, which of the following is incorrect?
Answer (Detailed Solution Below)
Of Improper Admission And Rejection Of Evidence Question 8 Detailed Solution
The correct answer is The questions asked must be relevant questions only.
Key Points
- Section 165 of the Indian Evidence Act, 1872 gives the judge wide discretion to ask any question to discover the truth or to obtain proper proof of relevant facts. The purpose of this section is to allow the judge to go beyond the evidence presented by the parties and ensure that justice is served.
Of Improper Admission And Rejection Of Evidence Question 9:
Which of the following illustrations from Section 9 of the Indian Evidence Act, 1872, demonstrates the relevance of facts necessary to explain or introduce a fact in issue?
Answer (Detailed Solution Below)
Of Improper Admission And Rejection Of Evidence Question 9 Detailed Solution
The Correct Answer is "A is accused of theft and is seen giving the stolen property to B, who then gives it to A's wife, with B's statement about A's instruction to hide it considered relevant".
Key Points Section 9 of the Indian Evidence Act, 1872, emphasizes the relevance of facts necessary to explain or introduce a fact in issue or relevant fact. These facts help in providing context, supporting or rebutting inferences, establishing identity, and explaining the relationship between parties.
- Illustration (b): In a libel case, the position and relations of the parties at the time of the alleged libel are relevant, while particulars of an unconnected dispute are not relevant unless it affects the parties' relations.
- Illustration (e): In a theft case, the fact that A gives the stolen property to B, who then passes it to A's wife with a statement about A's instructions, is relevant as it explains the transaction.
- Illustration (c): In a criminal case, the fact that A left home suddenly with urgent business is relevant to explain why A left, but details of the business are not relevant unless necessary to show its urgency.
- Illustration (d): In a case of inducing breach of contract, C's statement explaining why he left A's service is relevant as it explains his conduct.
Correct Option Explanation:
- Option A: Incorrect. The particulars of an unconnected dispute are irrelevant unless they affect relations between A and B.
- Option B: Correct. This illustrates the relevance of a fact that explains a part of the transaction in a theft case.
- Option C: Incorrect. Finding a weapon at the crime scene is relevant under a different section, not specifically illustrating Section 9.
- Option D: Incorrect. The details of previous business dealings are not necessarily relevant to explain or introduce a fact in issue under Section 9.
Conclusion: Section 9 highlights the importance of contextual facts that explain or introduce the main facts in issue. These facts are essential for a comprehensive understanding of the case and help in establishing the circumstances surrounding the primary evidence.
Of Improper Admission And Rejection Of Evidence Question 10:
A leading case on the admissibility of tape-recorded conversation is:
Answer (Detailed Solution Below)
Of Improper Admission And Rejection Of Evidence Question 10 Detailed Solution
The correct answer is Option 1.
Key PointsThe degree of reliance which can be attributed to the tape-recordings was decided by the Supreme Court in the case of R.M. Malkani v. State of Maharashtra . In this case, the prosecution case was based solely on the tape recorded conversation, which clearly proved the appellant’s intention to obtain a bribe. On the other hand, the appellant contended that such conversation cannot be admitted as evidence as per the provisions of Indian Evidence Act, as it was ‘unlawful’. But the Supreme Court discredited the contention of the appellant and held such conversation to be relevant.
Additional InformationThe Supreme Court in the case of Mahabir Parsad v. Surinder Kaur, was concerned with the evidentiary value which can be attributed to the tape-recordings. The court stated that tape-recordings can be used only as corroborative evidence of the conversation deposed by any of the parties to the conversation. In situations where such evidence is absent, the tape-recordings cannot be used as evidence.
Of Improper Admission And Rejection Of Evidence Question 11:
Which of the following statement(s) is/are incorrect in the context of Section 165 of Indian Evidence Act, 1872 regarding judge's power?
I) A Judge can ask any question he pleases, even irrelevant
II) Judge may order production of any document or thing
III) Any party has right to make any objection to such question or order
IV) The parties have inherent right to cross examine witness upon said question/answer.
Answer (Detailed Solution Below)
Of Improper Admission And Rejection Of Evidence Question 11 Detailed Solution
The correct answer is Option 3
Key Points
- Section 165 deals with the breadth of the inquisitorial aspects of court’s jurisdiction.
- It provides that the judge can question the witness or the party at any questionable if he thinks that this is necessary in order to know the truth about the case or to make the case clearer.
- This section provides the judge the following powers:
1. To ask any question to the witness or the party to the case in any form and about any fact whether they are relevant or not.
2. To able to order for production of document or thing which is related to the case.
- The first proviso deals with the power of the court to question a witness. It provides that the judgment must be based upon the facts, declared by this Act to be relevant, and duly proved and it would be intolerable that the court should decide rights upon suspicious unsupported by testimony.
- The second proviso lays down that the court shall not compel any witness to answer any question or to produce any document which is privileged under sections 121 to 131 both inclusive. Similarly, a judge is not entitled any question which is improper under sections 148 and 149 of the Act.
Additional Information
- In Nepal Chandra Roy Netai Chandra Das & State of Rajasthan the Hon’ble Supreme Court held that the purpose of Section 165 is for providing the court “evidence of evidence” that is evidence which indicates regarding the evidence which have been proved by the parties.
- The power provided under section 165 of the evidence act compliments the person which is given under section 311(Power to summon material witness, or examine person present) of Criminal Procedure Code.
- Section 148 of Evidence Act - Court to decide when question shall be asked and when witness compelled to answer
- Section 149 of Evidence Act - Question not to be asked without reasonable grounds
Of Improper Admission And Rejection Of Evidence Question 12:
The judge’s power to put questions or order production of documents does not include authorization to