Evidence Act Section 112 MCQ — 93 Practice Questions with Answers

Q1. Consider the following statements about 'conclusive proof' in relation to Section 112: 1. Under Section 4, when one fact is declared conclusive proof of another, the Court shall not allow evidence to disprove it. 2. 'Conclusive proof' means the same thing as 'may presume'. 3. Section 112 expressly uses the expression 'conclusive proof' for legitimacy. Which of the statements given above are correct?

Q2. Consider the following statements about Bharatiya Sakshya Adhiniyam, 2023 and the Evidence Act: 1. The Bharatiya Sakshya Adhiniyam, 2023 defines conclusive proof in its Section 2. 2. Under the Bharatiya Sakshya Adhiniyam, 2023, the corresponding provision on birth during marriage is Section 116. 3. The Bharatiya Sakshya Adhiniyam, 2023 retained the Indian Evidence Act, 1872 without repeal. 4. Pending proceedings immediately before commencement are saved to be dealt with under the Indian Evidence Act, 1872 as if the new Adhiniyam had not come into force. Which of the statements given above are correct?

Q3. Consider the following statements about the text and placement of Section 112: 1. Section 112 is titled 'Birth during marriage, conclusive proof of legitimacy'. 2. Section 113 of the Indian Evidence Act deals with proof of cession of territory. 3. Section 112 itself deals with dowry death presumptions. Which of the statements given above are correct?

Q4. Consider the following statements about the Bharatiya Sakshya Adhiniyam, 2023 equivalent provision: 1. The equivalent provision in the Bharatiya Sakshya Adhiniyam, 2023 is Section 116. 2. Section 116 uses the phrase 'legitimate child' in place of the Evidence Act wording 'legitimate son'. 3. Section 116 removes the 280-day post-dissolution rule entirely. Which of the statements given above are correct?

Q5. Consider the following statements about Goutam Kundu v. State of West Bengal in the context of Section 112: 1. Courts cannot order blood tests as a matter of course. 2. Applications for blood tests to support a roving inquiry should not be entertained. 3. The decision held that every maintenance proceeding must begin with compulsory DNA testing. 4. The applicant must make out a strong prima facie case of non-access to dispel the Section 112 presumption. Which of the statements given above are correct?