AIBE 20 Evidence Act 2025: 50 MCQs From Previous Year’s Question Paper, Prep Tips, Syllabus

The All India Bar Examination (AIBE) 20 will once again test a candidate's foundational knowledge in core legal subjects, one of the most important being the Indian Evidence Act, 1872.  A good understanding of this subject can significantly boost your score around 8 to 10 per cent of the total questions in the exam are derived from this Act. It governs how facts are proven or disproven in legal proceedings, both civil and criminal and is central to courtroom practice.

AIBE Exam Date 2025 has not been announced yet. However, it is expected that the AIBE Exam will be held in December. Candidates looking forward to appearing in AIBE 20 must check important information about AIBE 20 Evidence Act 2025, including 50 MCQs From Previous Year’s Question Paper for preparation, tips and tricks to crack the section, Syllabus and other important updates.

Also Read: AIBE 20 Code of Civil Procedure Law 2025

What Is the Indian Evidence Act?

The Indian Evidence Act is a procedural law but has with considerable impact on substantive rights. It tells us what kind of information is legally acceptable in a court of law and how that information must be presented. Imagine a courtroom without rules about what can or can’t be said. The Evidence Act ensures that trials remain fair and just by setting those boundaries. From defining the concept of ‘evidence’ to explaining who may testify and how, this Act plays a pivotal role in every legal proceeding.

Also Read: AIBE Vs Judicial Services Exam: Eligibility, Exam Pattern, Syllabus & More

AIBE 20 Evidence Act 2025: Syllabus Breakdown

The Evidence Act is vast, but AIBE focuses primarily on:

• Basic Definitions (Section 3) – Facts, facts in issue, relevant facts, evidence (oral, documentary), proof, and presumption.
• Relevancy of Facts (Sections 5–55) – Including res gestae, motive, preparation, conduct, similar facts, admissions, confessions, and character evidence.
• Statements by Persons Who Cannot Be Called as Witnesses (Section 32) – Especially dying declarations.
• Burden of Proof (Sections 101–114) – Who must prove what, and when legal presumptions apply.
• Witnesses (Sections 118–167) – Who can testify, competency, examination-in-chief, cross-examination, and leading questions.
• Documentary Evidence (Sections 61–90) – Primary and secondary evidence, proof of documents, and public vs private documents.
• Judicial Notice and Presumptions (Sections 56–60, 114A) – Facts the court accepts without proof and presumptions regarding legitimacy, dowry, etc.
• Expert Testimony (Section 45) – Role of handwriting experts, medical officers, and other specialists.

Also Read: AIBE 20 Constitutional Law 2025

Topic-Wise Focus Areas for AIBE 20 Evidence Act

Candidates can check topic-wise areas to study and prepare for AIBE 20 Evidence Act:

Definitions & Key Concepts (Section 3)

It is important that candidates must-know terms like "Fact", "Fact in issue", "Relevant Fact", "Evidence", "Document", "Court", "Proved", "Disproved", "Not proved". This section is very important as it lays the foundation for interpreting every other provision in the Act. The most commonly asked questions from this sections are:  Difference between facts and facts in issue; types of evidence.

Relevancy of Facts (Sections 5 to 55)

These sections are frequently asked and it includes:

• Facts forming part of same transaction (Res Gestae)- Section 6
• Motive, preparation, and previous or subsequent conduct- Section 8
• Conspiracy and common intention- Section 10
• Admissions- Sections 17 to 23
• Confessions- Sections 24 to 30 (especially admissibility and Section 27’s discovery clause)
• Statements by persons who cannot be called as witnesses (Dying declarations)- Section 32
• Relevancy of character- Sections 52 to 55
• Relevancy of Judgments- Sections 40 to 44

These are high-yield topics for both direct MCQs and factual legal reasoning.

Also Read: AIBE 20 Passing Marks 2025: Category-wise Qualifying marks, Factors effecting AIBE Cut-off

Statements Made Under Special Circumstances

Sections like 34 (entries in books of account), 35 (public records), 39 (part of statements), etc. These sections often appear in slightly tricky, fact-based MCQs.

Judicial Notice & Presumptions (Sections 56 to 60, 114, 114A)

Judicial notice: Courts take certain facts as established (e.g. calendar dates, official appointments).

Presumptions: Courts may presume facts under certain conditions (like legitimacy of child under Section 112, presumption as to documents under Section 90).

114A: Presumption in rape cases (important for gender laws & criminal evidence).

Very conceptual: Know when a presumption is rebuttable or irrebuttable.

Also Read: AIBE Previous Year Question Papers (GUJARATI) with Answers : Download For Free

Oral and Documentary Evidence (Sections 59 to 90)

• Oral evidence must be direct (Section 60)
• Primary and secondary evidence: Sections 61 to 66
• Public and private documents: Sections 74 to 78
• Presumption about documents – Sections 79 to 90

Focus especially on admissibility of secondary evidence. Section 65B (electronic evidence) Frequently tested in recent years

Also Read: Family Law for AIBE 2025: Syllabus, Important Topics, Previous years' Questions, Books, Tips

Burden of Proof (Sections 101 to 114)

Who must prove what that the heart of any legal case. Sections like 102 (shifting of burden), 106 (burden to prove facts especially within knowledge), 108 (presumption of death after 7 years absence). The questions here often test both principle and application.

Witnesses (Sections 118 to 167)

• Who can testify: Section 118 (even a child if they understand)
• Examination of witnesses: Sections 135 to 166
• Chief, cross, and re-examination
• Leading questions (Section 141)
• Hostile witness (Section 154)
• Impeaching credit of a witness to Section 155
• Refreshing memory: Section 159 to 160

Exam often includes scenario-based questions around cross-examination or who is a competent witness.

Opinion of Experts (Section 45)

• Handwriting, fingerprint, medical and scientific evidence
• Relevancy and admissibility
• Cross-relation with Section 73 (comparison by court)

Also Read: Last 15 years AIBE Question Papers With Answers free PDF Download

Privileged Communications (Sections 122 to 132)

• Between husband and wife: Section 122
• Official and professional communications: Section 126
• No compulsion for self-incrimination: Section 132

How to Prepare for AIBE Evidence Act Section

Candidates can check simple steps given below to prepare for AIBE Evidence Act Section:

• Read the Bare Act Slowly, Not Just Once
• Don’t skim. Read it section by section and try to understand what each provision is saying.
• Use highlighters to mark key phrases and cross-refer definitions.
• Refer to Commentaries, Not Just One-liners
• Choose guides like Ratanlal & Dhirajlal or Batuk Lal to understand the application of each section with illustrations.
• Solve MCQs Topic-wise
• Instead of solving 100 random questions, take 20 questions just on “confessions,” then 20 on “burden of proof,” and so on.
• Practice Legal Reasoning
• Try solving questions based on factual scenarios. These simulate the actual bar exam
• Use Open Book Wisely

Remember, while AIBE is open-book, you won’t have time to flip through pages mid-exam. You must know where to find what.

Also Read: AIBE Exam Mock Test 2025

Top 50 Important MCQs on Evidence Act (Based on Past AIBE Papers)

Here's a carefully selected list of commonly asked or conceptually important questions:

1. Under which section is ‘Dying Declaration’ covered?

1. Section 24
2. Section 30
3. Section 32
4. Section 45

Answer: C. Section 32

2. Who is a competent witness under the Indian Evidence Act?

1. Any person
2. Only educated persons
3. Only adults
4. Every person not prevented by law from understanding questions

Answer: D. Every person not prevented by law from understanding questions

3. Section 3 of the Evidence Act defines:

1. Relevant facts only
2. Evidence only
3. Both A and B
4. All terms like fact, relevant fact, document, evidence

Answer: D. All terms like fact, relevant fact, document, evidence

4. Which of the following is not a public document?

1. Judgments of court
2. Registered sale deed
3. Private contract
4. Government order

Answer: C. Private contract

5. The term “res gestae” is found under which section?

1. Section 6
2. Section 8
3. Section 9
4. Section 11

Answer: A. Section 6

6. When is secondary evidence admissible?

1. When original is in possession of opponent
2. When original is lost or destroyed
3. When original is not easily movable
4. All of the above

Answer: D. All of the above

7. A confession made to a police officer is:

1. Always admissible
2. Never admissible
3. Admissible under Section 25
4. Admissible if in presence of a magistrate

Answer: B. Never admissible

8. Presumption as to documents 30 years old is under:

1. Section 74
2. Section 85
3. Section 90
4. Section 112

Answer: C. Section 90

9. Presumption of legitimacy of child born during marriage is under:

1. Section 112
2. Section 115
3. Section 60
4. Section 114

Answer: A. Section 112

10. Which section defines the term 'fact'?

1. Section 2
2. Section 3
3. Section 4
4. Section 5

Answer: B. Section 3

11. Oral evidence must be:

1. Direct
2. Indirect
3. Hearsay
4. None

Answer: A. Direct

12. Section 114 of the Evidence Act deals with:

1. Dying declaration
2. Presumption of facts
3. Documentary evidence
4. Expert opinion

Answer: B. Presumption of facts

13. Opinion of an expert is admissible under:

1. Section 45
2. Section 50
3. Section 55
4. Section 65

Answer: A. Section 45

14. Character evidence is generally:

1. Admissible in civil cases
2. Admissible in criminal cases
3. Not admissible unless character itself is in issue
4. Always admissible

Answer: C. Not admissible unless character itself is in issue

15. Judicial notice is governed by which section?

1. Section 56
2. Section 65
3. Section 32
4. Section 62

Answer: A. Section 56

16. Admission is defined under:

1. Section 17
2. Section 18
3. Section 24
4. Section 21

Answer: A. Section 17

17. Burden of proof lies on:

1. Prosecution only
2. Accused only
3. Party who asserts a fact
4. Government

Answer: C. Party who asserts a fact

18. Confession made while in police custody must be made before:

1. A police officer
2. A subordinate magistrate
3. A magistrate
4. A public officer

Answer: C. A magistrate

19. Relevancy of judgments is covered under:

1. Section 40 to 44
2. Section 32
3. Section 60
4. Section 65

Answer: A. Section 40 to 44

20. Leading questions are permissible in:

1. Examination-in-chief
2. Cross-examination
3. Re-examination
4. All stages

Answer: B. Cross-examination

21. What is not a type of evidence under Section 3?

1. Oral
2. Real
3. Documentary
4. Electronic

Answer: B. Real

22. A document must be proved by:

1. A police officer
2. An expert
3. Primary or secondary evidence
4. Any lawyer

Answer: C. Primary or secondary evidence

23. Confession made under threat is:

1. Valid
2. Inadmissible
3. Admissible if recorded
4. Must be written

Answer: B. Inadmissible

24. Character is relevant in civil cases only if:

1. It relates to crime
2. Character is in issue
3. A judge decides
4. Witness is present

Answer: B. Character is in issue

25. Facts forming part of same transaction are called:

1. Hearsay
2. Admissions
3. Res gestae
4. Conspiracy

Answer: C. Res gestae

26. Privileged communication between husband and wife is:

1. Admissible
2. Inadmissible
3. Discretionary
4. Not addressed by the Act

Answer: B. Inadmissible

27. Section 65B deals with:

1. Confession
2. Dying declaration
3. Electronic records
4. Expert opinion

Answer: C. Electronic records

28. Expert opinion is not binding on court unless:

1. Given in writing
2. Verified
3. Corroborated
4. From government lab

Answer: C. Corroborated

29. Confession of a co-accused can be used:

1. As evidence
2. As substantive proof
3. Only to corroborate
4. Not at all

Answer: C. Only to corroborate

30. Under Section 27, discovery from accused is:

1. Always inadmissible
2. Partially admissible
3. Fully admissible
4. None

Answer: B. Partially admissible

31. Can a minor be a witness?

1. No
2. Yes, if capable of understanding
3. Only above 10 years
4. Only with guardian

Answer: B. Yes, if capable of understanding

32. A confession must be made:

1. Voluntarily
2. Under pressure
3. Through police only
4. In court only

Answer: A. Voluntarily

33. Presumption as to electronic messages is under:

1. Section 88A
2. Section 65A
3. Section 90
4. Section 112

Answer: A. Section 88A

34. Dying declaration should be recorded preferably by:

1. Lawyer
2. Relative
3. Magistrate
4. Police

Answer: C. Magistrate

35. Burden of proof in criminal cases lies with:

1. Judge
2. Prosecution
3. Accused
4. Police

Answer: B. Prosecution

36. Cross-examination is governed under:

1. Section 137
2. Section 139
3. Section 145
4. Section 161

Answer: A. Section 137

37. Section 60 relates to:

1. Direct evidence
2. Hearsay
3. Confession
4. Examination of documents

Answer: A. Direct evidence

38. Presumption as to handwriting is under:

1. Section 86
2. Section 87
3. Section 90
4. Section 84

Answer: C. Section 90

39. Judicial notice does not include:

1. Geography
2. Court decisions
3. Local customs
4. Foreign law

Answer: D. Foreign law

40. Documents executed outside India are proved under:

1. Section 85
2. Section 86
3. Section 88
4. Section 90A

Answer: B. Section 86

41. Who can record a dying declaration?

1. Police
2. Magistrate
3. Doctor
4. All of the above

Answer: D. All of the above

42. Section 32 of the Act deals with:

1. Expert opinion
2. Dying declaration
3. Burden of proof
4. Cross-examination

Answer: B. Dying declaration

43. Oral admissions as to contents of documents are:

1. Always admissible
2. Not admissible unless originals are denied
3. Never admissible
4. Admissible in criminal cases

Answer: B. Not admissible unless originals are denied

44. Court can presume existence of certain facts under:

1. Section 56
2. Section 114
3. Section 120
4. Section 145

Answer: B. Section 114

45. Section 45 refers to:

1. Electronic record
2. Documentary evidence
3. Opinion of experts
4. Public documents

Answer: C. Opinion of experts

46. Proof of document by attesting witness is under:

1. Section 60
2. Section 68
3. Section 70
4. Section 80

Answer: B. Section 68

47. Privileged communications are discussed in:

1. Section 122
2. Section 120
3. Section 115
4. Section 117

Answer: A. Section 122

48. Evidence may be given of facts in issue and of:

1. Relevant facts
2. Irrelevant facts
3. Motives only
4. Oral facts

Answer: A. Relevant facts

49. When the burden of proof lies on the accused:

1. Always
2. Never
3. Only in certain conditions
4. In civil cases

Answer: C. Only in certain conditions

50. Electronic evidence is admissible only if:

1. Printed
2. Digitally signed
3. Certified under Section 65B
4. Verified by two witnesses

Answer: C. Certified under Section 65B

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