Comprehension
In cases where the evidence is of a circumstantial nature, the circumstances which lead to the conclusion of guilt should be in the first instance fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be shown that within all human probability the act must have been committed by the accused.
Question: 1
When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is
When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is
Updated On: Jul 19, 2024
- Upon that person who conceive such intention.
- Not upon that person who conceive such intention.
- Upon prosecution irrespective to the fact who conceived such intention.
- Not clear under the provisions of the Indian Evidence Act, 1872.
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The Correct Option is A
Solution and Explanation
The Correct Answe is option (A): Upon that person who conceive such intention.
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Question: 2
Where in a criminal case there is conflict between presumption of innocence and anyother presumption, in such situation which presumption shall prevail?
Where in a criminal case there is conflict between presumption of innocence and anyother presumption, in such situation which presumption shall prevail?
Updated On: Jul 11, 2024
- Presumption of guilty
- Presumption of innocence
- Mix Presumption
- No presumption
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): Presumption of innocence
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Question: 3
Where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should be:
Where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should be:
Updated On: Jul 11, 2024
- Partially established
- Fully established
- Reasonably established
- Initially established
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): Fully established
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Question: 4
An admissibility of circumstantial evidence against the accused requires a chain of evidence which:
An admissibility of circumstantial evidence against the accused requires a chain of evidence which:
Updated On: Jul 11, 2024
- Does not leave any reasonable ground for a conclusion consistent with the innocence of the accused.
- Does not leave any reasonable ground for a conclusion inconsistent with the innocence of the accused
- Must be such as to show that within all human probability the act must have been done by the accused.
- Both (A) and (C).
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The Correct Option is D
Solution and Explanation
The Correct Answe is option (D): Both (A) and (C).
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Question: 5
When a murder charge is to be proved solely on circumstantial evidence, a presumption of innocence of the accused must have a ___role.
When a murder charge is to be proved solely on circumstantial evidence, a presumption of innocence of the accused must have a ___role.
Updated On: Jul 19, 2024
- Common
- Reasonable
- Dominant
- Minimum
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The Correct Option is C
Solution and Explanation
The Correct Answe is option (C): Dominant
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Question: 6
Which provision of the Indian Evidence Act, 1872 provides regarding the burden of proving that case of accused comes within general exceptions of the Indian Penal Code, 1860?
Which provision of the Indian Evidence Act, 1872 provides regarding the burden of proving that case of accused comes within general exceptions of the Indian Penal Code, 1860?
Updated On: Aug 22, 2024
- Section 104
- Section 105
- Section 106
- Section 107
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The Correct Option is B
Solution and Explanation
The Correct Answe is option (B): Section 105
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- The Hon’ble Supreme Court in the case of ‘Nil Ratan Kundu and another v. Abhijit Kundu’ 2008(3) Apex Court Judgements 232 (SC), while granting the custody to the maternal grandparents observed: In our judgement, the law relating to custody of a child is fairly well settled and it is this. In deciding a difficult and complex question as to custody of minor, a Court of law should keep in mind relevant statutes and the rights flowing therefrom. But such cases cannot be decided solely by interpreting legal provisions. It is a humane problem in live in relationship and is required to be solved with human touch. A Court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents. In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child. In selecting a guardian, the Court is exercising parens patriae jurisdiction and is expected, may bound, to give due weight to a child’s ordinary comfort, contentment, health, education, intellectual development and favorable surroundings. But over and above physical comforts, moral and ethical values cannot be ignored. They are equally, or we may say, even more important, essential and indispensable consideration. If the minor is old enough to form an intelligent preference or judgement, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor.
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