Rajasthan APO 2024 Prelims Paper

Match List-I with List-II and select the correct answer from the code given below the lists List-I (A) Dying declaration (B) Who may testify (C) Professional communication (D) Communication during marriage List-II (1) Section 118 I.E.A., 1872 (2) Section 32(1) I.E.A., 1872 (3) Section 122 I.E.A., 1872 (4) Section 126 I.E.A., 1872

Verified Answer
A. (A)-(3), (B)-(2), (C)-(4), (D)-(1)
B. (A)-(2), (B)-(3), (C)-(1), (D)-(4)
C. (A)-(2), (B)-(1), (C)-(4), (D)-(3)
D. (A)-(4), (B)-(3), (C)-(2), (D)-(1)

Explanation:

To correctly match the concepts in List-I with their corresponding sections in the Indian Evidence Act (I.E.A.), 1872, from List-II, we need to recall the provisions of the Act: 1. **(A) Dying declaration:** A dying declaration is a statement made by a person who is dead or cannot be found, etc., regarding the cause of their death or any circumstances of the transaction which resulted in their death. This concept is primarily covered under **Section 32(1) of the Indian Evidence Act, 1872**. Section 32 deals with cases in which statements of relevant facts by persons who are dead or cannot be found, etc., are relevant. Sub-section (1) specifically includes statements as to the cause of death. Therefore, (A) matches with (2) Section 32(1) I.E.A. 2. **(B) Who may testify:** The general rule regarding the competency of witnesses, i.e., 'who may testify,' is laid down in **Section 118 of the Indian Evidence Act, 1872**. This section states that all persons are competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. Therefore, (B) matches with (1) Section 118 I.E.A. 3. **(C) Professional communication:** The privilege attached to 'professional communications,' particularly between a legal advisor and their client, is governed by **Section 126 of the Indian Evidence Act, 1872**. This section prohibits barristers, attorneys, pleaders, or vakils from disclosing any communication made to them in the course and for the purpose of their employment, or any advice given by them in their professional capacity. Therefore, (C) matches with (4) Section 126 I.E.A. 4. **(D) Communication during marriage:** The privilege concerning 'communications during marriage' between spouses is provided in **Section 122 of the Indian Evidence Act, 1872**. This section states that no person who is or has been married shall be compelled to disclose any communication made to him or her during marriage by any person to whom he or she is or has been married, nor shall he or she be permitted to disclose any such communication, unless the person who made it, or his or her representative in interest, consents. Therefore, (D) matches with (3) Section 122 I.E.A. Combining these matches, the correct sequence is: (A)-(2), (B)-(1), (C)-(4), (D)-(3). Let's evaluate the given options: Option (0) (A)-(3), (B)-(2), (C)-(4), (D)-(1): This option incorrectly pairs (A) with Section 122 and (B) with Section 32(1), among other mismatches. It is incorrect. Option (1) (A)-(2), (B)-(3), (C)-(1), (D)-(4): This option incorrectly pairs (B) with Section 122 and (C) with Section 118, among other mismatches. It is incorrect. Option (2) (A)-(2), (B)-(1), (C)-(4), (D)-(3): This option perfectly matches our derived sequence. All pairings are correct according to the Indian Evidence Act, 1872. This is the correct answer. Option (3) (A)-(4), (B)-(3), (C)-(2), (D)-(1): This option incorrectly pairs (A) with Section 126, (B) with Section 122, (C) with Section 32(1), and (D) with Section 118. All pairings are incorrect, making this option invalid.