5. The general rule is that admissions are proved against the maker. Which of the following Provisions of Bhartiya Sakshya Adhiniyam provide an exception to the rule?

a. Section 17

b. Section 18

c. Section 19

d. Section 32

6. A is accused of receiving stolen goods while knowing them to be stolen. He offers to prove that he refused to sell them below their value. He may

a. not prove this statement

b. prove if it is relevant otherwise than an admission

c. prove it as it is explanatory of conduct influenced by facts in issue

d. None of the above

7. Which Section of Bhartiya Sakshya Adhiniyam lays down the rule that in certain circumstances admission can be provided by or on behalf of the person making it?

a. Section 18

b. Section 13

c. Section 20

d. Section 19

8. 'A' is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. Which of the following is correct?

a. ‘A’ may prove the statements, though in the nature of admission, because they are explanatory of coduct influenced by facts in issue.

b. 'A' may not prove the statements because they are self-serving admissions.

c. ‘A’ may not prove the statements because as accused he cannot be a witness in his own defense.

d. All these are incorrect.

9. The case of Kashmira Singh v. State of Madhya Pradesh relates to:

a. Privileged communications

b. Dying declaration

c. Confession to police officer

d. Confession of a co-accused

10. Oral admission as to contents of electronic records are relevant when;

a. The party proposing to prove them shows that he is entitled to give secondary evidence of the same

b. The genuineness of the electronic record produced is in question.

c. Both (a) and (b)

d. None of the above

11. Which Section of Bhartiya Sakshya Adhiniyam, 2023 deals only with civil matters?

a. Section-21

b. Section-27

c. Section-53

d. Section-133

12. Section 21 of Bhartiya Sakshya Adhiniyam, 2023, deals with

a. relevance of admissions in civil cases

b. relevance of oral admissions as to contents of documents

c. relevance of oral admissions as to contents of electronic documents

d. none of the above

13. Which of the following sections of Bhartiya Sakshya Adhiniyam, 2023 does not deal with the criminal matters?

a. Section 21

b. Section 27

c. Section 53

d. Section 133

14. Communication made 'without prejudice' are protected

a. Under Section 20 of Bhartiya Sakshya Adhiniyam

b. Under Section 21 of Bhartiya Sakshya Adhiniyam

c. Under Section 23 of Bhartiya Sakshya Adhiniyam

d. Under Section 22 of Bhartiya Sakshya Adhiniyam

15. A rustic woman in apprehension of assault and maltreatment makes a confession for murder of her mother-in- law at the Village Panchayat. Whether this confession is admissible?

a. As extra-judicial confession

b. Inadmissible due to involuntariness

c. As supporting evidence to the fact deposed by the other witness

d. Partly admissible

16. Confession of an accused is irrelevant and inadmissible when made:

a. While in police custody but in the immediate presence of a Magistrate

b. In consequence of a deception practiced on the accused for the purpose of obtaining it

c. When he was drunk

d. Before a Magistrate, who told him that if he made a full confession, he would be released

17. Which one of the following has not been mentioned as a ground under section 22 rendering a confession by an accused person irrelevant

a. Inducement

b. Promise

c. Deceit

d. Threat

18. 'A' says to 'B' that he has finished his wife forever. Under BSA this statement amounts to

a. admission

b. confession

c. statement

d. all the above

19. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding is covered by

a. Section 22 of Bhartiya Sakshya Adhiniyam

b. Section 26 of Bhartiya Sakshya Adhiniyam

c. Section 21 of Bhartiya Sakshya Adhiniyam

d. Section 28 of Bhartiya Sakshya Adhiniyam

20. ‘A' commits a crime and goes to Police Officer. He makes confession and gives other information. ‘A’ is charged with the offence. The confession—

a. Cannot be proved against him because of Section 23(1) of Bhartiya Sakshya Adhiniyam

b. Can be proved against him because of Section 27 of Bhartiya Sakshya Adhiniyam

c. Can be proved against him because of Section 25 of Bhartiya Sakshya Adhiniyam

d. Cannot be proved against him because of Section 27 of Bhartiya Sakshya Adhiniyam

21. Confession before the police—

a. Will be proved

b. Will not be proved

c. Will be considered confession

d. Will not be considered confession

22. In which Sec. of Bhartiya Sakshya Adhiniyam, 2023 confession made to the police is not admissible.

a. Section 23(1)

b. Section 24(1)

c. Section 32

d. Section 27

23. Whether confession made to a Police Officer (while not in custody) by a person accused of an offence can be proved against him and is a Evidence.

a. Admissible

b. Not admissible

c. Partially admissible

d. None of these

24. A relevant confession will become irrelevant when—

a. Made to a police officer

b. Made under a promise of secrecy

c. When the accused was drunk

d. In consequence of a deception practiced on the accused

25. A Statement before the police officer in the course of investigation was that the design was carried out according to plan; but no reference was made to persons who were involved in murder or to the maker of statement himself: —

a. Prosecution shall not be allowed to prove this statement, being hit by section 23(1) of Bhartiya Sakshya Adhiniyam.

b. Prosecution may prove this statement. It is not hit by section 23(1) of Bhartiya Sakshya Adhiniyam.

c. Only that part of the statement may be proved which leads to discovery of a fact in consequence of information received

d. None of the above is correct

26. Provisions regarding confession made to a police officer is given in which section of Bhartiya Sakshya Adhiniyam.?

a. Section 24

b. Section 23(1)

c. Section 26

d. Section 27

27. A voluntarily confession is admissible in evidence when made:

a. To a police officer

b. To a magistrate having competent jurisdiction

c. To a Village Sarpanch with a request to save him from police

d. Where it leads to no discovery of facts and made to the police officer

28. Under which Section of Bhartiya Sakshya Adhiniyam, the confession before the Magistrate is relevant?

a. Section 24

b. Section 25

c. Section 23(2)

d. Section 27

29. The term "police custody" used under Bhartiya Sakshya Adhiniyam, 2023, means which one of the following?

a. Physical presence of the police before an accused person

b. Indirect control by the police of an accused person

c. Some restrictions by the police over an accused person

d. Some kind of surveillance and restrictions over the accused person by the police

30. The term Judicial confession means

a. It is made before a Police Officer

b. It is caused by inducement, threat or promise

c. It is made before any court Officer

d. It is made before a Magistrate

31. What is the meaning of retracted confession?

a. Confession which is subsequently confirmed

b. Confession which is subsequently assured

c. Confession which is subsequently resiled

d. None of the above

32. Palvinder Kaur v. State of Punjab is related to which of the following?

a. Leading Question

b. Secondary Evidence

c. Confession

d. Admission

33. For recording a confession, the Magistrate should

a. get that person arrested

b. summon the complainant

c. inform such person about the accusation against him

d. inform such person that he is not bound to make a confession

34. A confession by an accused made while in police custody, be proved against him only when made in the immediate presence of:

a. A doctor

b. A lawyer

c. A judicial magistrate

d. Family members

35. In which of the following cases constitutionality of proviso of Section 23 was challenged for violation of Article 20(3) of the Constitution?

a. State of Bombay v. Kathi Kalu

b. Mirza Akbar v. King Emperor

c. State of U.P. v. Deoman Upadhaya

d. Queen Emperor v. Abdullah

36. Proviso of Section 23(2) of Bhartiya Sakshya Adhiniyam applies:

a. when the person giving information is an accused but not in police custody

b. when the person giving information is an accused and is in police custody;

c. when the person is in police custody but not an accused

d. when the person is neither in police custody nor an accused

37. Confessional statement of the accused in custody, when admissible: —

a. If relates to commission of crime by himself

b. If relates to commission of crime only by the co-accused,

c. Leading to discovery of a fact

d. Relates to preparation of crime

38. Mandatory requirement of proviso of Section 23 of Bhartiya Sakshya Adhiniyam is that

a. The accused must be in police custody

b. The accused must be in judicial custody

c. The accused must be on bail

d. The accused must plead guilty first

39. Proviso of Section 23 of Bhartiya Sakshya Adhiniyam applies to discovery of some fact which:

a. the police had not previously learnt from other sources and was first derived from the information given by the accused

b. the police had not previously learnt from other sources

c. the police had previously learnt from other sources and the accused has also given information regarding the same

d. all of the above

40. Under proviso of Section 23 of Bhartiya Sakshya Adhiniyam, 'discovery of fact' includes

a. the object found

b. the place from where it is produced

c. both (a) and (b)

d. neither (a) nor (b)

41. An accused in police custody, informs to the State House Officer that the key by which he opened the safe and committed theft is kept by him in the patio of his house. To what extent this information can be proved?

a. For committing an offence of theft

b. For opening lock of safe

c. For committing theft by opening safe and destroying evidence

d. For keeping the key in patio of house

42. During the course of trial of a murder case, which of the following may be proved:

a. Statement of confession of accused made in police custody during investigation.

b. Recovery of the weapon of offence on basis of statement made by accused during investigation of another case.

c. After recovery of dead body, the statement of accused as to the place where he threw the dead body.

d. None of the above

43. Fill in the blanks: "When the question is whether a man is alive or dead, and it is shown that he was alive within, the burden of proving that he is dead is on the person who affirms it."

a. 3 years.

b. 7 years.

c. 20 years.

d. 30 years.

44. What is not the necessary ingredient for attracting the provisions of Section 23 of Bhartiya Sakshya Adhiniyam?

a. The person must be an accused of an offence

b. Male or female

c. He should give information

d. Discovery of any fact in consequence of information

45. Proviso of Section 23 of Bhartiya Sakshya Adhiniyam is based on

a. doctrine of agency

b. doctrine of proportionality

c. doctrine of confirmation by subsequent events

d. doctrine of eclipse

46. Recovery made by the police under proviso of section 23 of Bhartiya Sakshya Adhiniyam recording the formal arrest of the accused is

a. legal

b. illegal

c. irregular

d. improper

47. The question is, whether 'A' committed a crime at Kolkata on a certain day. In answer to this question, which of the following fact is relevant?

a. That 'A' was out that day at Mumbai

b. That 'A' habitually goes to Kolkata

c. That 'A' habitually commits crime

d. None of the above

48. If a confession is otherwise relevant, in which situation it will become irrelevant?

a. When it was made under a promise of secrecy

b. When the person making confession was drunk

c. When it was made in answer to questions which he need not have answered

d. None of the above

49. Confession of a co-accused, not required to be an oath and cannot be tested by cross examination-

I. Is no evidence within the meaning of Section 2 of Bhartiya Sakshya Adhiniyam and cannot be the foundation of a conviction

II. The only limited use which can be made of a confession of a co-accused is by way of furnishing an additional reason for believing such other evidences as exists

III. It is a very weak type of evidence and is much weaker even than the evidence of an approver.

In the aforesaid propositions:

a. All I, II and III are correct

b. Only I and III are correct

c. Only I and II are correct

d. Only II and III are correct

50. Under which condition a Court may take into consideration the confession of one accused against himself and another person?

a. If they are tried jointly for the same offence

b. If they are tried jointly for different offences

c. If they are tried for the same offence but not jointly

d. If they are tried for different offences and not jointly

51. The illustration that, “A and B are jointly tried for the murder of C. It is proved that A said, 'B and I murdered C," relates

a. Section 24 of Bhartiya Sakshya Adhiniyam

b. Section 26 of Bhartiya Sakshya Adhiniyam

c. Section 25 of Bhartiya Sakshya Adhiniyam

d. Section 27 of Bhartiya Sakshya Adhiniyam

52. 'A' is on trial for the murder of 'C'. There is evidence to show that 'C' was murdered by 'A' and 'B', and that 'B' said—‘A' and I murdered 'C. As against 'A', this evidence is

a. not to be taken into consideration as the evidence is hearsay.

b. to be taken into consideration as it is direct.

c. not to be taken into consideration as 'A' and 'B' are not being jointly tried.

d. to be taken into consideration as 'A' and 'B' are accomplices.

53. ‘A' and 'B' are jointly tried for the murder of ‘C. It is proved that ‘A’ said, "B and I murdered C" What is the nature of confession against 'B'?

a. Substantive evidence

b. Only corroborate evidence

c. Hearsay evidence

d. None of these

54. Rabindra Kumar Pal® Dora Singh v. Republic of India a famous case coming under Section 24 of Bhartiya Sakshya Adhiniyam is also well known as

a. Graham Stains Murder case -

b. Graham Bells Murder case

c. Graham Street's Murder case

d. Graham Stoits Murder case

55. Admissions:

a. Constitute conclusive proof of the facts admitted

b. May operate as estoppels

c. Do not operate as waiver of proof

d. Are never held substantive evidence of the facts admitted

56. The correct position of Bhartiya Sakshya Adhiniyam is

a. Admissions are conclusive proof

b. Admissions are not conclusive proof of matters admitted

c. Admissions operate as estoppel in all circumstances

d. Admissions are not conclusive proof of matters admitted, but they may operate as estoppel under certain circumstances

57. The principle on which a dying declaration is admissible under Bhartiya Sakshya Adhiniyam, 2023, is indicated in the legal maxim.

a. Actori incumbit onus probandi

b. Nemo moriturus proesumitur mentiri

c. Dormiunt leges aliquando, munquam moriuntur

d. Fatetur facinus qui judicium figit

58. A dying declaration

1. cannot form the sole basis of conviction unless corroborated.

2. is a weak kind of evidence.

3. stands on same footing as any other piece of evidence.

4. has to be subjected to a very close scrutiny for reliability.

Select the correct answer using the code given below:

Code:

a. 1 and 4

b. 2 and 3

c. 3 and 4

d. 1 only

59. Dying declaration may be made to a

a. doctor

b. magistrate

c. any other person

d. all of the above

60. A dying declaration:

a. Can form the sole basis of conviction without any corroboration by independent evidence

b. Can from the basis of conviction only on corroboration by independent witness

c. Cannot form the sole basis of conviction under corroborated by independent witness

d. Only (b) and (c) are correct

61. To be admissible, a dying declaration:

a. Must be made before a Magistrate

b. Must be made before a Police Officer

c. Must be made before a Doctor

d. Must be made to any person, a doctor, a magistrate, friend or a near relative

62. Which of the following statements is correct?

a. A dying declaration recorded by a Magistrate not empowered under section 183 Bhartiya Nagarik Suraksha Sanhita cannot be proved by the oral evidence of the Magistrate

b. The credit of the declarant cannot be impeached

c. A dying declaration is substantive evidence

d. If the declarant is not examined although alive, his declaration is admissible

63. Which one of the following sections of Bhartiya Sakshya Adhiniyam provides exception to the rule "hearsay evidence is not admissible":

a. Section 29

b. Section 30

c. Section 31

d. Section 26

64. Under Bhartiya Sakshya Adhiniyam the dying declaration is not admissible if

a. it relates to cause of action

b. it relates to any transaction of death

c. the person making the statement was not competent in the opinion of the court

d. none of the above

65. The question before the Court is the cause of wreck of a ship, protest made by the captain attendance cannot be produced

a. is not a relevant fact

b. the judge cannot rely on it

c. can be proved by hearsay evidence

d. is a relevant fact

66. Evidentiary value of a dying declaration

a. A conviction can be made only after corroboration

b. A conviction can be made even without corroboration

c. It has no evidentiary value

d. It is very weak evidence

67. In which one of the following a dying declaration is admissible?

a. In criminal proceedings only

b. In civil proceedings only.

c. Both in civil and criminal proceedings

d. In civil proceedings only with the permission of the court

68. For the admissibility of a dying declaration, it is not necessary that the statement:

a. relates to cause of death

b. the person making the statement must be under expectation of death

c. the person making the statement must be competent

d. the statement must be complete.

69. In which section, doctrine of dying declaration is found?

a. Section 16

b. Section 27

c. Section 26

d. Section 41

70. The form of Dying Declaration is

a. immaterial

b. material

c. must be in writing only

d. must be orally spoken only

71. Necessity rule regarding the admissibility of evidence is contained in:

a. Section 31 of the BSA

b. Section 26 of the BSA

c. Section 62 of BSA

d. Section 63 of the BSA

72. In which of the following cases a statement need not be in writing

a. for contradicting a witness under Section 148, BSA

b. a dying declaration

c. a statement used to refresh the memory of a witness

d. a statement which can be used under Section 182 BNSS.

73. A woman is raped and makes statement that A raped her. Two days later she commits suicide. Her statement regarding rape is

a. admissible as dying declaration

b. not admissible as dying declaration

c. admissible as dying declaration only if there is some evidence directly connecting her death with the incident of rape

d. None of the above

74. The essential conditions for the dying declaration to be relevant include the

i. statement is made by a person as to the cause of his death.

ii. statement is made by a person as to any of the circumstances of the transaction which resulted in his death.

iii. person must have been under expectation of death at the time of making the statement.

Which of the above propositions is/are correct?

a. (i) and (ii)

b. (ii) and (iii)

c. (i) and (iii)

d. All these

75. Assertion (A): A dying declaration is admissible in evidence.

Reason (R): Its admissibility is founded upon the principle of necessity.

Codes:

a. Both (A) and (R) are true and (R) is the correct explanation of (A)

b. Both (A) and (R) are true, but (R) is not the correct explanation of (A)

c. (A) is true but (R) is false

d. (A) is false but (R) is true

76. The case of Pakala Narayan Swami v. King Emperor relates to:

a. Doctrine of Estoppel

b. Dying Declaration

c. Cross Examination

d. Accomplice

77. Under BSA a declaration made in course of business is admissible under

a. Section 32(a)

b. Section 26(b)

c. Section 32(a)

d. Section 32(b)

78. Kaushal Rao v. State of Bombay, AIR 1958 SC 22 is related with which topic of the law of evidence?

a. Confession

b. Admission

c. Dying declaration

d. Estoppel

79. Under Section 26 of BSA, statement of a person, who is dead, is relevant:

a. if it relates to cause of someone else's death

b. if it relates to cause of his own death or someone else's death

c. if it relates to the cause of his own death

d. none of the above

80. Which of the following statement is not correct?

a. The non-examination of the doctor endorsing the dying declaration, does not always affect the evidentiary value of the dying declaration.

b. Non-signing of the dying declaration by a literate declarant unable to sign, does not render the veracity of dying declaration doubtful.

c. When the relatives of the declarant are present during dying declaration, the dying declaration would not be relevant.

d. The statement recorded in F.I.R. may be treated as dying declaration.

81. In which one among the following cases the Supreme Court of India said that 'it is not an absolute rule of law that dying declaration must be corroborated by other evidence before it can be acted upon'?

a. Shared Birdhichand Sharda v. State of Maharastra

b. Pakala Narayan Swami v. King Emperor

c. Kaushal Rao v. State of Bombay

d. Harjit Kaur v. State of Punjab

82. When can a person prove his own statement constituting admission or it may be proved on his behalf?

a. When it is relevant as dying declaration

b. When it is relevant as admission

c. When it is relevant as confession

d. When it is only an oral admission as to content electronic record

83. Which one of the following case is directly related to Section 26 of the BSA?

a. Pulukuri kottayya and others v. Emperor

b. Pakala Narayan Swami v. King Emperor

c. State of Maharashtra v. Damu Gopinath Sinde

d. Palvinder Kaur v. State of Punjab

84. In which of the following categories, an opinion contained in the book of a deceased expert which is produced in evidence in a Court, is put: —

a. Oral evidence

b. Documentary evidence

c. Evidence under Section 26

d. Evidence as hearsay evidence

85. Queen Empress v. Abdullah is a leading case on

a. admission confession

b. confession

c. statement

d. dying declaration

86. Which one of the following case related to the dying declaration?

a. Mehboob Shah v. King Emperor

b. Queen v. Abdullah

c. Motayya v. King Emperor

d. M.C. Vergese v. Pbnane

87. A dying declaration recorded by the police officer in the form of FIR before the death of author without obtaining certificate as to his mental fitness—

a. Cannot be treated as dying declaration

b. Cannot be read in evidence.

c. Can be treated as dying declaration.

d. Cannot be admitted in evidence.

88. About six months before he was murdered the deceased wrote a letter to S.P. Jabalpur asking for protection and stating that he apprehended injury from 'A' and was in fear of his life. The letter is admissible under Section—

a. 32

b. 28

c. 25

d. 26

89. Which of the following will be an inadmissible dying declaration?

a. Oral dying declaration

b. Dying declaration recorded on the basis of nods and gestures

c. Dying declaration by signs and gestures

d. None of the above

90. Relevant entries in the books of account alone

a. are sufficient to charge any person with liability

b. can be taken into consideration in a criminal trial

c. are not sufficient to charge any person with liability

d. can help a judge in deciding a suit

91. A sues B for Rs.1000 and shows entries in his account book showing B to be indebted to him to this amount. This entry is

a. Not relevant

b. Relevant

c. Does not have evidentiary value

d. Inadmissible

92. Whether a party can prove entries made by itself in a book of account?

a. No

b. Yes - with the permission of court

c. Yes - with the consent of adverse party

d. Yes

93. A sues B for Rs. 1000 and shows entries in his account-books showing B to be indebted to him to this amount. Under BSA

a. The entries are relevant but are not sufficient, without other evidence, to prove the debt

b. The entries are sufficient, without other evidence, to prove the debt

c. The entries are not relevant but are sufficient, without other evidence, to prove the debt

d. The entries are neither relevant nor sufficient, to prove the debt

94. 'C' is employed as cashier by a firm to receive money at its sale counter. It is his duty to make entries in the ledger showing the amounts received by him. He is prosecuted on the charge of criminal breach of trust in respect of rupees ninety thousand on the basis of evidence showing he made an entry showing that he had received rupees ten thousand only whereas he had actually received rupees one lakh. 'C' has taken the plea that the wrong entry was accidental and unintentional. The fact that other entries made in the same ledger are false, each showing receipt of less amount by 'C' is

a. relevant as it has a bearing on the question of intention.

b. not relevant as the other entries are not basis of charge.

c. not relevant as the evidence is extraneous.

d. not relevant as other entries are not in issue.

95. Which one of the following sections of the BSA deals with the relevancy of statements as to any law contained in law books?

a. Section 37

b. Section 32

c. Section 38

d. Section 36

96. Under which of the following Sections of the BSA the previous judgments are relevant to bar a second suit or trial?

a. Section 39

b. Section 34

c. Section 11

d. Section 42

97. Sections 34 to 38 of the BSA deal with the relevance of:

a. Characters

b. Opinion of third persons

c. Judgements, decree and orders

d. Statements made under special circumstances

98. The principle of 'res judicata’ is provided in which of the following section of the BSA?

a. Section 140

b. Section 34

c. Section 160

d. Section 164

99. Which kind of jurisdiction is not mentioned under Section 35 of the BSA

a. Probate

b. Admiralty

c. Insolvency

d. Revenue

100. The presumption under Section 35 of the BSA is

a. a presumption of fact

b. a rebuttable presumption of law

c. an irrebuttable presumption of law

d. a presumption of law and fact

101. Under BSA the judgments of Admiralty Court are relevant in:—

a. Section 39

b. Section 40

c. Section 35

d. Section 42

102. Which of the following judgments is irrelevant under Section 35 of the BSA?

a. Judgment of an Insolvency Court

b. Judgment of an Matrimonial Court

c. Judgment of a Probate Court

d. Judgment of a Criminal Court

103. A disputed handwriting can be proved:

a. by calling an expert

b. by examining a person acquainted with the handwriting of the writer of the questioned document

c. comparison of the two, admitted and disputed documents

d. all of the above.

104. An Expert under BSA is a person

a. who speaks fluent English

b. expert in detecting lies

c. having requisite skills on a matter upon which he is giving opinion

d. none of the above

105. The opinion of experts is not relevant:

a. On a point of Indian law

b. On a point of foreign law

c. On matters of science

d. On handwriting or finger impressions

106. Under which Section of the BSA, the expert opinion is relevant?

a. Section 44

b. Section 39

c. Section 46

d. Section 41

107. Which one of the following is not a correct statement about expert opinion?

a. The opinion of an expert is seldom conclusive

b. Facts which are irrelevant become relevant when they support the opinion of experts

c. Expert opinion is binding on the judge always

d. Evidence of experts is a suggestive piece of evidence

108. The following is not the exception of the rule of hearsay:

a. Dying declaration

b. Res gestae

c. Medical Expert's Opinion

d. Confession

109. Who amongst the following is an expert under the BSA?

a. Hand-writing expert

b. Fingerprint expert

c. Ballistics expert

d. All of the above

110. In which section of BSA, opinion of third person is relevant?

a. Section 14

b. Section 34

c. Section 44

d. Section 39

111. Which one among the following does not fall into the category of expert evidence?

a. Opinion relating to bullet by a ballistic expert

b. Opinion relating to forgery by a hand writing expert

c. Opinion by narco analyst about the condition of mind

d. Opinion by a serologist about blood.

112. Opinion of an expert under Section 39 of BSA

a. is a conclusive proof

b. is not a conclusive proof

c. is supportive & corroborative in nature

d. is not admissible

113. Opinion of Handwriting Expert:—

a. always needs corroboration

b. is inadmissible in evidence

c. is always binding on the courts

d. can be acted upon without corroboration

114. Under which Section of the BSA, D.N.A. test can admitted in Evidence?

a. Section 47

b. Section 39

c. Section 48

d. Section 49

115. Under the provisions of Section 39 of BSA the opinion of an expert can be for:

a. Identity of finger impression

b. Identity of hand writing

c. Both (a) and (b)

d. Neither (a) nor (b)

116. Even a "student" may be treated as an expert under Section 39 of the BSA. It was laid down by the Supreme Court in

a. Bhoginbhai Hirbhai v. State of Gujarat (1983)

b. Sankaria v. State of Rajasthan (1978)

c. Kanpur University v. Samir Gupta & Ors. (1983)

d. Punjab Singh v. State of Haryana (1984)

117. When the Court has to form an opinion as to the electronic signature of any person, the opinion of the certifying authority which has issued the electronic signature certificate is:

a. Fact in issue

b. Relevant fact

c. Proved fact

d. None of the above

118. Mark the incorrect statement. A court may take the assistance of expert for forming opinion on point of

a. foreign law

b. art

c. Both (a) and (b)

d. Neither (a) nor (b)

119. 'B', 'C and/D' never saw 'A' writing. But they give their opinion about the handwriting of ‘A’. The opinion of which one is relevant?

a. of 'B', because 'B' is a merchant in Delhi. 'A' has written many letters addressed to 'B'

b. of 'C' because 'C is a clerk of 'A' 'C's duty was to examine and file A's correspondence

c. of 'D' because 'D' is Z's broker to whom Z habitually submitted the letters purporting to B written by 'A' for the purpose of his advice

d. of all the above

120. The question is, whether a certain document was written by A. In this case which of the following is/are relevant?

a. Another document is produced which is written by A.

b. The opinion of experts on the question whether the two documents were written by A.

c. The opinion of experts on the question whether the two documents were written by different persons.

d. Both (b) and (c).

121. Relevancy of expert evidence for the purpose of BSA is contained in

a. Sections 10 to 20

b. Sections 35 to 40

c. Sections 39 to 42

d. Sections 59 & 60

122. Answer with the help of code. Handwriting may be proved by

1. Evidence of the writer himself.

2. Opinion of the expert.

3. Evidence of the person acquainted with the handwriting.

4. The court under Section 72, BSA

a. Only (1) and (2) are correct.

b. Only (2), (3) and (4) are correct.

c. Only (1) and (4) are correct

d. (1), (2), (3) and (4) are correct

123. A person suffering from any mental disorder

a. can be exempted from criminal liability ipso-facto.

b. cannot be exempted at all.

c. can be exempted from such liability at the discretion of the court.

d. can be exempted from such liability on proof by expert evidence of this effect.

124. Facts supporting or rebutting the opinion of the experts are relevant under

a. Section 45

b. Section 46

c. Section 40

d. Section 51

125. Where the handwriting of a teacher is in question the opinion of his principal may be relevant under which Section of the BSA?

a. Section 41

b. Section 48

c. Section 49

d. Section 50

126. Under which of the following Sections of the BSA, opinion as to digital signature has been considered to be relevant?

a. Section 41(2)

b. Section 65

c. Section 67

d. Section 66

127. In respect of digital signature which of the following is a relevant fact?

a. That he himself recognizes his signature before the Court.

b. Any other person recognizes his signature before the Court.

c. The Court may direct that certificate of certifying authority may be produced in the Court

d. Such digital signature is not admissible in any proceeding before the Court.

128. Where the court has to form an opinion as to electronic signature of any person, the opinion of the certifying authority which has issued the electronic signature certificate is

a. Fact in issue

b. Relevant fact

c. Proved fact

d. None of the above

129. Which one of the following sections of the Indian BSA makes relevant opinions as to existence of custom?

a. Section 47

b. Section 42

c. Section 49

d. Section 50

130. The 'relationship' in Section 44 of the BSA means:

a. relationship by blood only

b. relationship by blood or marriage

c. relationship by blood or marriage or adoption

d. none of the above

131. Under which section of BSA, the opinion relating to relationship is relevant?

a. Section 45

b. Section 46

c. Section 32(5)

d. Section 44

132. According to the BSA, which one among the following is irrelevant?

a. Evidence of previous good character in criminal cases

b. Evidence of previous bad character in reply to evidence of previous good character in criminal cases

c. Evidence of character to prove the imputed conduct in civil cases

d. Evidence of character to prove the imputed conduct in civil cases except when relevant

133. Character of a person for purposes of the law of evidence is not relevant in one of the following situations—

a. Previous good character of the accused in criminal cases

b. Previous bad character in reply to evidence of good character in criminal cases

c. Character as affecting the amount of damages in civil cases

d. Character to prove conduct imputed in civil cases

134. Which of the following statement is correct?

i. Evidence of character in civil cases is irrelevant.

ii. Previous conviction is relevant as evidence of bad character.

iii. Evidence of good character is relevant in criminal cases.

iv. Word character includes reputation only.

a. (i) and (iii) are correct

b. (i), (ii) and (iii) are correct

c. (ii) and (iii) are correct

d. All are correct

135. Under which one of the following sections of BSA previous good character is relevant in criminal cases

a. Section 18

b. Section 26

c. Section 49

d. Section 47

136. In criminal cases the fact that the person accused is of good character

a. is not a relevant fact

b. is a relevant fact

c. cannot be proved

d. is conclusive fact

137. Which one of the following statements is not correct?

a. In civil cases character to prove conduct is irrelevant

b. In criminal cases previous good character is irrelevant

c. In civil cases character as affecting damages is relevant

d. In criminal cases previous bad character is irrelevant unless evidence has been given of good character

138. In criminal proceedings, under which of the following situations, the fact that the accused person has bad character, is relevant?

1. Where the character of the accused is in issue

2. When it affects damages

3. To rebut prior evidence of good character

4. Where the court is satisfied

Select the correct answer using the code given below:

a. 1 only

b. 2 and 3

c. 3 and 4

d. 1 and 3

139. In criminal proceedings, the fact that the accused person has a bad character is:—

a. irrelevant

b. relevant

c. above (a) is correct, unless evidence has been given that he has a good character

d. all the above are incorrect

140. Which of the following statement is not true?

a. In criminal proceedings, the fact that the accused is of a good character, is relevant

b. In criminal proceedings, the fact that the accused has a bad character, is relevant

c. A previous conviction is relevant as evidence of bad character

d. In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant

141. "Character as affecting damages" has been discussed in which one of the following sections?

a. Section 50

b. Section 56

c. Section 57

d. Section 58

142. The father of accused did not support the prosecution during the trial that he told the witness that his son (accused) had committed the murder. The statement of the witness would be in the nature of: —

a. Secondary evidence

b. Hearsay evidence

c. Res gestae

d. None of the above

143. The details of an incidence printed in a Newspaper are categorized as: —

a. Documentary evidence

b. Indirect evidence

c. Hearsay evidence

d. Relevant evidence

144. The principle that statement of facts contained in a newspaper is merely hearsay has recently been reiterated by the Supreme Court in—

a. Laxmi Raj Shetty v. State of T.N.

b. Joseph M. Puthussery v. T.S. John

c. Quamarul Ismam v. S.K. Kanta

d. Baburao Bagaji Karemore v. Govind

145. A informs B that he had heard from X that Z has committed murder of C few days ago. Evidence of B when examined as a witness in court, would be considered as:

a. Direct evidence

b. Hearsay evidence

c. Circumstantial evidence

d. Expert evidence

146. Contents of a document can be proved by

a. primary or secondary evidence

b. is examining a witness who has not seen the document

c. by taking extraneous evidence into consideration

d. without any evidence

147. The contents of documents may be proved by:

a. direct evidence only

b. indirect evidence only

c. direct evidence & indirect evidence

d. none of the above

148. Which one of the following is primary evidence?

a. Copies made from the original

b. Document produced for the inspection of the court

c. Certified copies of a document

d. Photostat copies of a document

149. Which of the following statements is not correct?

a. In a rape trial, evidence of previous good character of the accused is relevant.

b. In a rape trial, evidence of character of the victim is not relevant.

c. In a rape trial, evidence of previous sexual experience of the victim is relevant.

d. None of these.

150. A person is prosecuted for theft; evidence is sought to be produced to prove that the accused is a bad character and suspect of theft on several occasions in the past:

a. bad character is relevant

b. the evidence was admissible

c. the evidence was not admissible

d. none of the above

Download BSA MCQs With Solution PDF

BSA MCQs Set-2

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