Of Witnesses MCQ Quiz in मराठी - Objective Question with Answer for Of Witnesses - मोफत PDF डाउनलोड करा

The correct answer is Section 126 and 127 

Key Points

• Section 126 – Protects professional communications between a legal adviser (advocate, vakil, or attorney) and their client.
• It prohibits a legal professional from disclosing:
  • Any communication made to him in the course of and for the purpose of his employment.
  • Contents or condition of any document with which he has become acquainted in that capacity.
  • Advice given by him to the client.
• Exception: This protection does not apply if the communication was made in furtherance of an illegal purpose or if the lawyer discovered any fact showing that a crime or fraud has been committed since the start of the employment.
• Section 127 – Extends the provisions of Section 126 to interpreters, clerks, or servants of the legal adviser.

Additional Information

• Sections 128 and 125 –
  • Section 125: Concerns official communications (not legal professional privilege).
  • Section 128: Deals with waiver of privilege by the client.
• Sections 129 and 130 –
  • Section 129: Relates to privileged communications from the client’s side.
  • Section 130: Restricts a party from being compelled to produce documents they wouldn’t be compelled to produce as a witness.
• Sections 131 and 132 –
  • Section 131: Related to production of documents by a third party.
  • Section 132: Concerns the witness’s obligation to answer questions even if the answer is self-incriminating (with protection against prosecution).

The correct answer is T.J. Ponnam V. M.C. Verghese

Key Points

• This case is not related to confession, but instead deals with the admissibility of a letter written by a husband to his wife and the exceptions to marital privilege under the Indian Evidence Act, 1872 (Section 122).
• It discusses whether communication between spouses can be used as evidence, not about the legal principles of confession.

Additional Information

• Pulukuri Kotayya v. King Emperor (1947)
  • Landmark case explaining Section 27 of the Indian Evidence Act, which deals with admissibility of confessions leading to the discovery of facts.
• State of U.P. v. Deoman Upadhyay (1960)
  • Related to confessional statements and Article 20(3) of the Constitution (protection against self-incrimination).
• State of Bombay v. Kathi Kalu Oghad (1961)
  • Deals with the scope of testimonial compulsion under Article 20(3), especially in the context of confession and evidence gathering.

The correct answer is Competent witness

Key Points

• Section 120 of the Indian Evidence Act, 1872 states:
  • “In all civil and criminal proceedings, the parties to the suit, and the husband or wife of any party to the suit, shall be competent witnesses.”
• Meaning of 'Competent Witness':
  • A competent witness is legally eligible to give evidence in court.
  • Competence is different from compellability. A competent witness can give evidence, while a compellable witness must give evidence if ordered by the court.
• Applicability in Criminal Cases:
  • A husband or wife of the accused is competent to testify either for or against the other spouse.
  • Consent is not required for being a competent witness.
• Example:
  • If a man is on trial for a crime, his wife can be called as a witness by either the prosecution or defence, provided she is willing to testify and not legally disqualified for any reason (like unsoundness of mind).

Additional Information 

• Option 2. Incompetent witness: Incorrect – Section 120 clearly states that spouses are competent witnesses.
• Option 3. Competent witness only if they are major and with the consent of other: Incorrect – No such age or consent condition is imposed under Section 120.
• Option 4. Competent witness only if they are sane and with the consent of other: Incorrect – Sanity is a general requirement for all witnesses under Section 118, but consent is not needed from the other spouse.

The correct answer is Section 128

Key Points

• Section 128 is a clarificatory provision that relates to professional communications between a client and legal professionals (advocates, pleaders, attorneys, vakils).
• What Section 128 States:
  • It states that nothing in Section 126 or Section 127 or Section 129 or any other provision (including Section 23) shall prevent a legal professional from being compelled to give evidence of a matter when legally required.
• Link to Section 23:
  • Section 23 bars the admissibility of admissions made under a promise of settlement. However, Section 128 removes this protection for lawyers when the law requires them to testify.
• Purpose:
  • Prevents misuse of legal privilege in communications when law mandates disclosure, ensuring the integrity of evidence is maintained in legal proceedings.
• Illustrative Case:
  • A lawyer cannot withhold disclosing a fact in court if the law specifically compels them, even if that fact was revealed in confidence during settlement negotiations.

Additional Information

• Option 1. Section 127: Incorrect – It only extends the rule of Section 126 to interpreters and clerks.
• Option 3. Section 129: Incorrect – It deals with the client’s right to refuse disclosure, not the professional’s obligation.
• Option 4. Section 126: Incorrect – It provides the general rule of privilege for professional communications but doesn't create the exception mentioned.

The correct answer is Section 123

Key Points

• The legal maxim "Salus Populi Suprema Lex" means "the welfare of the people is the supreme law."
• This principle is reflected in Section 123 of the Indian Evidence Act, 1872, which deals with privileged documents related to affairs of the State.
• Key Points:
  • Protection of Public Interest: Section 123 restricts disclosure of unpublished official records related to State affairs if such disclosure is detrimental to public interest.
  • Authority's Discretion: Only the Head of the Department can give or deny permission to give evidence derived from such documents.
  • Purpose: To balance individual rights with national interest, in line with the maxim that public welfare prevails over individual justice.

Additional Information

• Section 121 – Deals with judges not being compelled to answer questions regarding their conduct in court.
• Section 122 – Relates to communications between spouses during marriage, considered privileged.
• Section 124 – Protects official communications made in confidence to public officers, but not necessarily tied to "salus populi suprema lex" as directly as Section 123.

The correct answer is Section 136

Key Points

• Section 136 empowers the Judge to decide whether evidence is admissible based on relevancy under the Indian Evidence Act.
• The judge can:
  • Ask questions about the purpose of introducing a fact.
  • Allow or disallow the evidence depending on whether it is logically and legally relevant.
• This provision ensures that irrelevant or inadmissible evidence does not enter the record.

Additional Information

• Section 132 – Deals with a witness not excused from answering incriminating questions.
• Section 138 – Relates to the order of witness examination, not admissibility.
• Section 140 – Covers the testimony of character witnesses, not judicial discretion on admissibility.

The correct answer is Section 137

Key Points

•  Section 137 – Examination-in-Chief Defined
  • “Examination-in-chief” means the examination of a witness by the party who calls him for the purpose of supporting his case.
• Section 137 defines three types of examination of witnesses:
  • Examination-in-chief – By the party who calls the witness.
  • Cross-examination – By the opposite party.
  • Re-examination – Follows cross-examination, limited to clarification.
• The purpose of examination-in-chief is to elicit facts favorable to the party’s case from their own witness.

Additional Information

• Section 138 – Lays down the order and scope of examination-in-chief, cross, and re-examination, but does not define them.
• Section 136 – Gives the judge discretion on the admissibility of evidence.
• Section 135 – Pertains to the order of production and examination of witnesses, not definitions.

The correct answer is Evidence of an accomplice

Key Points

• Section 133 of the Indian Evidence Act, 1872 provides for the evidence of an accomplice.
• It states that an accomplice is a competent witness and a conviction is not illegal merely because it is based on the uncorroborated testimony of an accomplice.
• However, as a rule of prudence (not law), courts generally seek corroboration of such testimony before convicting, especially in serious offences.
• The section reflects a legal allowance, while judicial practice adds a layer of caution.

Additional Information

• Acceptance of an Evidence – No specific section; depends on general admissibility rules.
• Rejection of an Evidence – Not covered under Section 133; governed by general principles.
• Evidence of deaf and dumb – Covered under Section 119, not Section 133.

The correct answer is 'Oral evidence'

Key Points

• Understanding oral evidence:
  • According to Section 119 of the Indian Evidence Act, 1872, a dumb witness (a witness who is unable to speak) can provide evidence in court by writing or by using signs that can be understood.
  • Such evidence, when communicated in open court, is treated as oral evidence, provided it is intelligible and properly understood by the presiding officer of the court.
  • The rationale is that oral evidence refers to any evidence given by a witness in the form of spoken or communicated words, including through alternative methods like writing or gestures, in the courtroom.

Additional Information

• Explanation of other options:
  • Documentary evidence: This refers to evidence presented in the form of documents, such as written records, contracts, or other physical documents. The evidence provided by a dumb witness in open court is not considered documentary evidence because it is not a pre-existing document but rather a direct form of communication.
  • Written evidence: Written evidence generally refers to documents or written statements submitted as evidence, but it does not encompass written communication given live in court by a witness. The writing of a dumb witness in court is treated as oral evidence because it is equivalent to spoken testimony.
  • Any one of the above: This option is incorrect because the evidence of a dumb witness in open court is specifically classified as oral evidence under the Indian Evidence Act, and not any other form of evidence.

The correct answer is Section 134.

Key Points

• Section 134 of the Indian Evidence Act, 1872:
  • Section 134 states that no particular number of witnesses shall in any case be required for the proof of any fact.
  • This implies that a conviction can be based on the testimony of a single witness if the court finds the testimony to be reliable and credible.
  • The principle emphasizes the quality of evidence rather than the quantity.

Additional Information

• Section 133 of the Indian Evidence Act:
  • Section 133 deals specifically with the evidence of accomplices, stating that an accomplice shall be a competent witness against an accused person.
  • However, the conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.
• Section 119 of the Indian Evidence Act:
  • Section 119 addresses the competence of witnesses who are unable to speak.
  • It states that such witnesses may give their evidence in writing or by signs, which should be recorded in open court.
• None of the above:
  • This option is incorrect as Section 134 is the relevant provision that allows conviction based on the testimony of a single witness.