Of Witnesses MCQ Quiz in मल्याळम - Objective Question with Answer for Of Witnesses - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is The communication is not protected from disclosure.

 Key Points

• Section 126 of the Indian Evidence Act, 1872:
  • Provides privilege to communications made by a client to his legal adviser in the course of professional employment.
  • Such communications cannot be compelled to be disclosed in court.
• Exception to Privilege – Illegal or Criminal Purpose:
  • Section 126 does not protect communications made to facilitate or commit a crime or fraud.
  • If the communication is about using a forged deed (a criminal/fraudulent act), the privilege does not apply.
• Application to the Given Scenario:
  • Here, ‘A’ openly admits to using a forged deed, which is a criminal act.
  • Therefore, the communication loses protection under Section 126 and can be disclosed.
• Legal Policy:
  • The law aims to prevent misuse of the privilege to conceal criminal intentions.

Additional Information

• Option 1. The communication is protected from disclosure: Incorrect because privilege does not extend to communications made for committing crimes or fraud.
• Option 3. Limited protection can be granted: Incorrect as the law draws a clear line: no protection if communication is for criminal purpose.
• Option 4. This communication can be rejected: Incorrect because the communication is admissible as evidence to prove the criminal intention.

The correct answer is 'Section 141'

Key Points

• Section 141 of the Indian Evidence Act, 1872:
  • Section 141 deals with the concept of leading questions during the examination of witnesses in a legal proceeding.
  • A leading question is one that suggests the answer desired by the person who asks the question. Typically, these are not permitted during the examination-in-chief but may be allowed during cross-examination.
  • The section outlines the conditions under which leading questions can be asked and the discretion of the court to permit such questions.

Additional Information

• Section 137:
  • This section defines the examination of witnesses, including examination-in-chief, cross-examination, and re-examination.
  • It does not specifically deal with leading questions but provides a general framework for witness examination.
• Section 143:
  • This section permits leading questions during cross-examination.
  • It allows such questions to be used more freely to challenge the credibility of the witness or to uncover inconsistencies in their testimony.

The correct answer is option 4.

Key Points

•  Section 133 of the Indian Evidence Act,1872, “An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.
• Who is accomplice?
  • In the case of R.K.Dalmia v. Delhi Administration, the Supreme Court while defining the term accomplice said that an accomplice is a person who participates in the commission of a crime.
  • The court further stated that accomplice includes particeps criminis that mean a partner in crime.

Additional Information

•  Another concept of accomplice is given under Illustration (b) of Section 114 of Indian Evidence Act.
• It provides that an accomplice is unworthy of credit, unless he is corroborated in material particulars
• Sec 133 and the illustration (b) of the sec 114 are not antithesis to each other, because sec 114 is concerned with the ‘may presume’ i.e. Court may presume certain state of facts. It is not conclusive presumption.
• Therefore, sec 133 lays down a rule of law, while sec 114 illustration (b) lays down a rule of prudence. 
• It is important to note that an accomplice is called as an ‘approver’ if he granted pardon under section 306 of the Code of Criminal Procedure and become prosecution witness. 

The correct answer is 'OPTION 3.'

Key Points

• Section 126 of the Indian Evidence Act, 1872:
  • This section protects communications between a client and their legal advisor. It ensures that any communication made in confidence is not disclosed by the legal advisor.
  • The protection is applicable as long as the communication is made in the course of and for the purpose of professional engagement.
  • The aim of this section is to promote full and frank communication between clients and their legal advisors, which is essential for effective legal representation.
• Option 1:
  • Disclosure of a crime already committed (e.g., murder) to a legal advisor for defense purposes is protected under this section.
• Option 2:
  • Admitting to obtaining possession of property through forged documents and seeking defense still falls under protected communication because it pertains to past actions.
• Option 3:
  • Requesting legal advice to commit a future illegal act (e.g., obtaining possession of property through a forged will) is not protected under Section 126. The law does not protect communications that further an illegal purpose.

Additional Information

• Client-Lawyer Confidentiality:
  • This principle is fundamental to the legal profession worldwide, ensuring that clients can communicate openly without fear of disclosure.
  • It is crucial for the administration of justice, allowing lawyers to prepare an effective defense or case strategy.
• Exceptions to Confidentiality:
  • Communications made in furtherance of any illegal purpose.
  • Facts observed by the legal advisor during their employment that show a crime or fraud has been committed since the commencement of their employment.

The correct option is Only II.

Key Points

• The term ‘witness’ is not defined in the Indian Evidence Act of 1872.
• A witness is a person who is called upon to give evidence in the Court of law.
• Bentham describes the witnesses as the eyes and ears of justice.
• Thus, a witness is cognizant of something by direct experience. 
• Competency of Witnesses:
  • The expression competency of witness refers to the capacity ability or qualification to give evidence in the Court of Law.
  • This Act declares all persons to be competent witnesses except those wanting in intellectual capacity.
  • Competency is the rule and incompetency is the exception.
  • A witness is said to be competent when there is nothing in law to prevent him from appearing in court and giving a witness. 
  • Sections 118 to 120 as well as Section 133 deal with the competency of the persons who can appear as witnesses.

The correct option is 119.

Key Points

• Section 119 of the Indian Evidence Act of 1872 deals with witnesses who are unable to communicate verbally.
• This Section was amended in the year 2013 based on the recommendations given by Justice J.S Verma Committee.
• Section 119:
  • This Section stated that a witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court, evidence so given shall be deemed to be oral evidence.
    • Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be video graphed. 
• The meaning of the word unable to communicate verbally in the proviso to Section 119 means unable to communicate in writing and can communicate only through signs.
• It is for those categories of persons who are unable to speak and can not communicate in writing that the proviso would apply.
• As per the proviso, the Courts shall take the assistance of the interpreter and such recording of such statement shall be videographed. This is a mandate that the Courts have to strictly comply that.

The correct answer is option 3.Key Points

•  Section 130 states that a witness who is not a party to a suit can be compelled to produce his title-deeds only if he agrees in writing to do so.
• Section 130 of Indian Evidence Act 1872 deals with Production of title-deeds of witness not a party.
• It says no witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledge or mortgagee or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims.

The correct answer is option 2.Key Points

• Section 119 allows a witness who is unable to speak to give evidence by writing or using signs.
• Section 119 of Indian Evidence Act 1872 deals with Witness unable to communicate verbally.
• It says A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court, evidence so given shall be deemed to be oral evidence:
  • Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of an interpreter or a special educator in recording the statement, and such statement shall be video graphed.

The correct answer is Order of Examination.

Key Points

• Section 137 of the Indian Evidence Act, 1872, provides for the Examination-in-chief, Cross-Examination and Re-Examination.
• Examination-in-chief. –– The examination of witness by the party who calls him shall be called his examination-in-chief.
  Cross-examination. –– The examination of a witness by the adverse party shall be called his cross-examination.
  Re-examination. ––The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination. 

Additional Information

•  Section 138- Order of examinations. –– Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. The examination and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.
  Direction of re-examination. –– The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.

The correct answer is May be asked in cross examination.

Key Points

• Section 143 of the Indian Evidence Act, 1872, provides for When leading questions may be asked.
• It states that –– Leading questions may be asked in cross-examination. 

Additional Information

• Section 141: Leading questions. –– Any question suggesting the answer which the person putting it wishes or expects to receive, is called a leading question.
• Section 142: When they must not be asked. –– Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.
  The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.