MCQ
Evidence Act Section 112 MCQ - Practice Questions with Answers
Solve 93 Evidence Act Section 112 questions for RAS/RPSC preparation.
Practice questions
Q1Consider 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?
Statement 1 is true: Section 4 bars evidence to disprove a fact declared conclusive proof. Statement 2 is false because 'may presume' is separately defined and gives the Court a choice. Statement 3 is true because Section 112 uses 'conclusive proof' in its heading and operative text.
Q2Consider 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?
Statement 1 is true: Section 2 defines conclusive proof. Statement 2 is true: Section 116 of the 2023 Adhiniyam carries the birth-during-marriage rule. Statement 3 is false because Section 170 expressly repeals the Indian Evidence Act, 1872. Statement 4 is true because the repeal-and-savings clause preserves pending matters under the old Act.
Q3Consider 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?
Statement 1 is true from the heading of Section 112. Statement 2 is true because the next provision, Section 113, is proof of cession of territory. Statement 3 is false: dowry death presumptions are in Section 113B, not Section 112.
Q4Consider 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?
Statement 1 is true: the Bharatiya Sakshya Adhiniyam provision is Section 116. Statement 2 is true because it says 'legitimate child'. Statement 3 is false because Section 116 retains the 280-day rule.
Q5Consider 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?
Statements 1, 2 and 4 correctly capture Goutam Kundu: blood tests are not routine, roving-inquiry applications are not to be entertained, and a strong prima facie case of non-access is required. Statement 3 is the opposite of that cautionary rule.
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6Consider the following statements about Section 112 as a rule of evidence: 1. The core presumption attaches to a child born during a valid marriage or within the statutory post-dissolution window. 2. The only statutory route for displacing the conclusive proof is proof of non-access at the possible time of conception. 3. DNA evidence must always override legitimacy without judicial balancing. 4. The post-dissolution window is two hundred and eighty days, not six months. Which of the statements given above are correct?
7Consider the following statements about the evolution of judicial treatment of DNA evidence under Section 112: 1. In Nandlal Wasudeo Badwaik, the Court stated that scientific proof can prevail over a legal presumption in an appropriate conflict. 2. In Dipanwita Roy, the Court observed that DNA examination may be permissible depending on the facts and circumstances. 3. In Aparna Ajinkya Firodia, the Court held that a mere DNA test report cannot rebut the presumption without proof of non-access. 4. The 2026 Nikhat Parveen decision said Indian courts must always ignore court-directed DNA reports. Which of the statements given above are correct?
8Consider the following statements about Section 112 as a RAS prelims fact area: 1. The key number in the statutory text is 280 days after dissolution. 2. The key exception in the statutory text is non-access between the parties when the child could have been begotten. 3. The provision is housed in the Indian Penal Code, not the Indian Evidence Act. 4. Section 125 CrPC is the section that creates the legitimacy presumption for birth during marriage. Which of the statements given above are correct?
9Consider the following statements about the statutory conditions embedded in Section 112: 1. The mother must remain unmarried for the post-dissolution 280-day limb to apply. 2. The child must be born within two hundred and eighty days after dissolution for that limb to apply. 3. The statute demands proof of non-access during the entire marriage, even if the possible period of conception is narrower. 4. The provision is limited to criminal prosecutions and has no bearing on civil family-law disputes. Which of the statements given above are correct?
10Consider the following statements about the Section 112 presumption and DNA evidence: 1. The Supreme Court has described Section 112 as creating a presumption of conclusive proof of legitimacy. 2. In a 2023 judgment, the Court said a DNA test may not be directed if no plea of non-access has been raised. 3. The 2023 judgment said DNA tests should be used as exploratory experiments for determining paternity. Which of the statements given above are correct?
11Consider the following statements about the burden and nature of proof under Section 112: 1. Once a child is born during a valid marriage, the person questioning legitimacy bears the burden. 2. The presumption under Section 112 is based on public morality and public policy according to the Supreme Court. 3. The Supreme Court described Section 112 as creating only a weak evidentiary presumption. 4. Section 112 aims to prevent unwarranted inquiry into paternity where the parents had access at the relevant time. Which of the statements given above are correct?
12Consider the following statements about Section 112 and the burden on a challenger: 1. Section 112 creates a presumption of legitimacy for a child born during the subsistence of marriage. 2. The burden is cast on the person who questions the legitimacy of the child. 3. The burden is always on the child to prove biological paternity first. Which of the statements given above are correct?
13Consider the following statements about the effect of Section 112 read with the Evidence Act idea of conclusive proof: 1. Section 4 says that when one fact is conclusive proof of another, the Court shall regard the other fact as proved. 2. Section 4 also says that the Court shall not allow evidence to be given for disproving the fact so proved. 3. Section 112 creates only a discretionary presumption which the Court may accept or reject without proof. 4. Under Section 112, the birth fact is connected with legitimacy, not with proof of cession of territory. Which of the statements given above are correct?
14Consider the following statements about why courts are cautious in Section 112 DNA-test matters: 1. Courts have linked Section 112 with public morality and public policy. 2. The object includes attaching unimpeachable legitimacy to children born out of a valid marriage. 3. Routine DNA testing may affect a child's identity and privacy interests. 4. Courts order DNA tests mechanically whenever paternity is denied in pleadings. Which of the statements given above are correct?
15Consider the following statements: 1. Section 112 of the Indian Evidence Act deals with birth during marriage as conclusive proof of legitimacy. 2. The section applies only when the child is born after dissolution of marriage and never during the continuance of marriage. 3. The statutory exception in Section 112 is proof that the parties to the marriage had no access to each other when the child could have been begotten. Which of the statements given above are correct?