4. "The statement in order to constitute a 'confession' under the BSA, must either admit in terms the offence or at any rate substantially all facts which constitute the offence. "The above view was expressed by the Privy Council in which one of the following cases?

a. John Makin v. Attorney General

b. Pakla Narain Swamy v. Emperor

c. H.H.B, Gill v. King Emperor

d. Q.E. v. Abdullah

5. In which one of the following cases, the Supreme Court held that confession of co-accused are very weak evidence and no conviction can be based solely on such confession?

a. Nathu v. State of U.P.

b. Ram Prakash v. State of Punjab

c. Kashmira Singh v. State of M.P,

d. None of the above

6. Relevancy and admissibility under BNS are

a. synonymous

b. co-extensive

c. neither synonymous nor co-extensive

d. synonymous and co-extensive, both

7. Confession can be result of self-talk, communication of confession to another person is not necessary, was held in the case of

a. Sankaria v. State of Rajasthan

b. Butta Singh v. State of Punjab

c. Sahoo v. State of U.P.

d. Nishikant Jha v. State of Bihar

8. A retracted confession:

a. Can be made solely the basis of conviction

b. Cannot be made solely the basis of conviction under any circumstances

c. Cannot be made solely the basis of conviction unless the same is corroborated

d. Both (a) and (c) are incorrect

9. Mark the incorrect statement:

a. Evidence is always allowed of facts which are necessary to introduce the main fact or some relevant fact

b. Evidence can be given of facts which support or rebut an inference suggested by a fact in issue or relevant fact

c. Facts which contradict the inference of guilt will also be relevant

d. Circumstances of the situation are not relevant to prove an identity

10. Which of the following pieces of evidence is not relevant under the BSA?

a. A is tried for the murder of B. Evidence is given that A murdered C, that B knew that A had murdered C and that B had tried to extort money from A by threatening to make his knowledge public

b. A sues B upon a bond for the payment of money. B denies the making of the bond. Evidence is given that B required money at the time of the bond

c. A customs officer gives evidence that the accused B made a confession of his crime to him

d. A is tried for the murder of B by poison. Evidence is given that before the death of B, A procured poison similar to that which was administered to B.

11. Which of the following pieces of evidence is not relevant under the BSA?

a. A is accused of fraudulently delivering to another person a counterfeit coin which he knew to be counterfeit. Evidence is given that he was also in possession of other counterfeit coins.

b. A sues B for damage done by B's dog which he knew to be ferocious. Evidence is given that the dog and previously bitten X, Y and Z and that they had made complaints to B.

c. A is charged with shooting at B with intent to kill him. Evidence is given that A had previously shot at B

d. A is tried for the murder of B by intentionally shooting him dead. Evidence is given that A was in the habit of shooting at people with intent to murder them.

12. Assertion (A): In certain cases corroboration of confession is necessary.

Reason (R): In all cases, an extra-judicial confession must be corroborated

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

13. Match List-I with List-II and select the correct answer using the code given below the Lists:

List-I List-II

a. Confession caused 1. Aghnoo Nagesia

by inducement, v. State

threat, promise

b. Confession to a 2. State of Punjab

customs officer v. Barkatram

c. Confession in the 3. Pyarelal Bhargava

FIR given by the v. State of Rajasthan

accused

d. Discovery of a fact 4. State of Bombay

pursuant to a statement v. Kathi Kalu Oghad

in police custody

Code

A B C D

a. 1 4 2 3

b. 2 3 1 4

c. 2 1 3 4

d. 3 2 1 4

14. Which statement is not correct?

a. Some facts are relevant but not admissible

b. Some facts are admissible but not relevant

c. All relevant facts are admissible

d. All admissible facts are not relevant

15. Under BSA, prosecution or Complainant may

a. not refresh memory of his witness

b. ask leading question to his own witness with the permission of the Court

c. ask leading question to his own witness without the permission of the Court

d. All 3 options are incorrect.

16. A and B were prosecuted for conspiracy for bribing a police officer. A came to the police station and offered an Inspector packet of currency notes. He told the inspector that B had sent the money as a consideration for hushing up the case against him. The offer of money and the accompanying statement made by A were relevant against

a. A only

b. B only

c. Both A and B

d. None of the above

17. Admissions by agents are:

a. Always admissible in civil proceedings.

b. Admissible in civil proceedings only if the agent has the authority to make admissions.

c. Not admissible in criminal proceedings.

d. Both (b) and (c).

18. Which among the following is not a fact admitted?

a. Facts which the parties agree to admit at the hearing

b. Facts which the parties agree in writing to admit before the hearing

c. Facts which by any rule of pleading are deemed to have been admitted

d. Facts which are uncontested by the opposite party

19. 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 Swanti v. King Emperor

c. Kaushal Rao v. State of Bombay

d. Harjit Kaur v. State of Punjab

20. Which one of the following is not a case on 'Dying Declaration'?

a. Rattan Gaud v. State of Bihar

b. Paniben v. State of Gujarat

c. Sita Ram v. State of U.P.

d. Kaushal Rao v. State of Maharashtra

21. The question is whether A is ravished (I) Shortly after alleged rape, A lodged a complaint relating to the crime. (II) Instead of making any complaint, she said that she had been ravished. What of the following proposition is correct under the Law of Evidence?

a. I is not relevant under Section 6 of the BSA

b. II is not relevant under Section 6 of the BSA

c. I and II both are not correct under Section 6 of the BSA

d. II is relevant but it is not relevant under Section 6 of BSA

22. Choice the correct propositions:

I. Evidence of fingerprint expert is substantive evidence.

II. Evidence of fingerprint expert can be used only to corroborate some items of substantive evidence which are otherwise on record.

III. Evidence of fingerprint expert is not substantive evidence.

IV. Evidence of fingerprint expert is admissible in all circumstances as expert evidence.

a. I and II are true

b. II and III are true

c. III and IV are true

d. II and IV are true

23. A co-defendant in a case

a. Cannot be cross-examined by another co-defendant under any circumstance

b. Can be cross-examined by another co-defendant if their interests are identical

c. Can be cross-examined by another co-defendant when their interests adverse to each other

d. Can be cross-examined by another co-defendant as a matter of right.

24. Hearsay evidence is generally inadmissible. However, in which of the following cases it is admissible?

a. Res gestae

b. Admissions and confessions

c. Dying declaration

d. All of these

25. Which final judgement, order or decree of a Competent Court, among the following is a judgement in rem?

a. In a money suit

b. In a suit for permanent injunction

c. In exercise of matrimonial or insolvency jurisdiction

d. None of the above

26. Which of the following is correct in respect of determining the date of birth of A?

a. A letter from A's deceased father to a friend, announcing the birth of A is a relevant fact

b. A letter from A's deceased father to a friend, announcing the birth of A is not a relevant fact

c. a letter from A's deceased father to a friend, announcing the birth of A is not admissible in evidence

d. None of the above

27. Statement of a person who is dead or cannot be found is not relevant:

a. when it is made in the course of business

b. when it is in favour of the interest of the maker

c. when it relates to the circumstances of the transaction resulting in his death

d. when it relates to existence of relationships

28. The report of a Medical Officer stating the injuries of the victim is:

a. Conclusive in nature

b. Relevant and admissible in evidence

c. Irrelevant

d. Substantive piece of evidence

29. R.K. Malkani v. State of Maharashtra ‘ is related to which of the following:

a. Relevancy of facts forming part of same transaction

b. Documentary evidence

c. Leading Question

d. Accomplice

30. Match List-I and List-II and select the correct answer using the code given below the list—

List-I List-II

(Relevancy of facts) (Section of BSA)

a. Facts as effect 1. Sec. 7

of facts in issue

b. Facts forming part 2. Sec. 6

of same transaction

c. Motive, preparation 3. Sec. 5

and previous or

subsequent conduct

d. Facts necessary to 4. Sec. 4

explain or introduce

relevant facts

Code:

A B C D

a. 3 4 2 1

b. 2 3 1 4

c. 2 1 3 4

d. 3 2 1 4

31. Which of the following section of the BSA says that confession caused by inducement, threat or promise is irrelevant?

a. Section 25

b. Section 26

c. Section 27

d. None of these

32. Which one of the following statements is correct?

a. Admissions can be oral only

b. Admission can be documentary only

c. Admissions can be oral or documentary

d. Admissions are conclusive proof of the matters admitted

33. Admissions and confessions are—

1. Exception to the hearsay evidence

2. Part of hearsay evidence

3. Form relevant evidence

4. Admitted in evidence on proof

Select the correct answer by using the code given below—

Code:

a. 1, 2 and 4

b. 1, 3 and 4

c. 1 and 2

d. 2

34. A court cannot compel the parties to undergo a blood test, to establish the legitimacy of the child because it would amount to declaring the mother as unchaste and child as illegitimate. This view was laid down in which one of the following cases?

a. Pawan Kumar v. Mukesh Kumari

b. Subash v. Lata Shah

c. Ningamma v. Chikkiya

d. Gautam Kundu v. State of West Bengal

35. Where a married woman dying of bums was a person of unsound mind and the medical certificate vouchsafed her physical fitness for a statement and not the state of mind at the crucial moment; in which of the following cases the court said that the statement could not be relied upon?

a. Ravi Chander v. State of Punjab

b. Shripatrao v. State of Maharashtra

c. Uka Ram v. State of Rajasthan

d. Baldev Raj v. State of H.R

36. Evidence of custom cannot be given to establish:—

a. a civil right

b. an easementary right

c. a customary right

d. a criminal right

37. Whether evidence of non-existence of a fact-in issue may be given? .

a. Yes

b. No.

c. Depends upon the wishes of party

d. Depends upon permission of court

38. statements of some persons/in certain circumstances mentioned in Section 26 of the BSA are considered relevant. Who among the following is not included in this category?

a. 'Who can not be found .

b. Who has become incapable of giving evidence

c. Who is not willing to appear before the court,

d. Whose attendance Can not be procured without delay

39. Which one of the following is a leading case on entries in books of account when relevant?

a. R v. Govinda

b. Pakla Narayan Swamy v. King Emperor

c. Moti Singh v. State of U.P.

d. L.K. Advani v. C.B.I.

40. Which one of the following is a leading case on confession to persons in authority?

a. Ramesh Chandra Mehta v. State of W.B.

b. Pyare Lai Bhargawa v. State of Rajasthan

c. Queen Empress v. Babu Lai

d. Sita Ram v. State

41. Confessional statements are made by the conspirators after they were arrested, implicating other co-accused as coconspirators. As regards admissibility of the statement which one of the following is correct?

a. The statement is admissible under Section 22 of the BSA.

b. The statement is hit by Article 20(3) of the Indian Constitution and hence inadmissible.

c. The statement is inadmissible because common intention was no longer in existence as held in the Parliament attack case.

d. The statement is admissible under Article 19(a) of the Indian Constitution.

42. In which one of the following cases was the constitutional validity of Section 23 proviso of the BSA upheld?

a. State of Uttar Pradesh v. Deoman Upadhyaya

b. Bodh Raj v. State of Jammu and Kashmir.

c. Md. Inayathullah v. State of Maharashtra.

d. Shambulal Dayal v. Subhash Chandra.

43. In the case of Inder Mohan Goswami & Another v. State of Uttaranchal & Others, the Supreme Court held that non-bailable warrant should be:—

a. issued only when summons or bailable warrants would be unlikely to have the desired result of bringing a person to court

b. liberally issued to ensure speedy justice.

c. used only in offences against the human body.

d. declared as unconstitutional.

44. Which of the following statements is incorrect as per the provisions of the BSA?

a. An attested document not required by law to be attested may be proved as if it was unattested.

b. No fact of which the Court will take judicial notice need be proved.

c. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are irrelevant.

d. The Court may presume that an accomplice is unworthy of credit, unless he is corroborated in material particulars.

45. 'A' prosecutes 'B' for stealing a cow from him. /B' is convicted. 'A' afterwards sues ‘C for the cow which B had sold to him before his conviction. The judgment against B is:

a. Relevant as between A & C

b. Irrelevant as between A & C

c. Is without jurisdiction

d. Is conclusive proof against C

46. A is tried for the murder of B by poison. The fact that before the death of B, A procured poison similar to that which was administered to B is:

a. Not-relevant

b. Relevant

c. Partly relevant

d. Neither relevant nor irrelevant

47. Telling his wife that P's wife had called him to receive payments due to him K leaves his house. After two days his dismembered body is found in a trunk. In P's trial for murder of K the statement made by K of his wife is:

a. Inadmissible

b. Partly admissible

c. Inadmissible as it does not directly relates to K's death

d. Admissible as it relates to the circumstance of the transactions which resulted in K's death

48. A judicial admission operates as

a. an admission

b. a confession

c. a plea of ignorance

d. a waiver of proof

49. Under Section 52 of the BSA, the Court shall take judicial notice of—

a. All laws in force in India

b. All laws including foreign laws

c. All Indian and Asian laws

d. All Indian and British laws up to 1950

50. Court can take judicial notice

a. that Amitabh Bachchan is a famous actor

b. that M.F. Hussain is a veteran painter

c. that Bentham was a renowned jurist

d. none of the above

51. Consider the following statements:

1. The proceedings of the Parliament or State Legislatures of India are judicially noticeable facts

2. Rules of the road on land or at sea are not judicially noticeable facts.

3. Criminal law in force in India is judicially noticeable fact.

Which of the statements given above is/are correct?

a. 1 only

b. 2 and 3

c. 1, 2 and 3

d. 1 and 3

52. In BSA the facts of which judicial notice is to be taken are stated in

a. Section 50

b. Section 51

c. Section 52

d. Section 53

53. The court shall take judicial notice of

a. Foreign judicial records

b. National Flag of a State not recognized by India

c. Stephen's Digest on Criminal Law

d. Rule of Road on land (and in sea)

54. Which of the following facts need not, be proved?

a. Oral evidence

b. Documentary evidence

c. Facts taken Judicial notice by Court

d. Relevant facts

55. Facts judicially noticeable:

a. may be proved

b. need not be proved

c. need to be proved

d. need to be proved

56. What is judicial notice?

a. Notice issued by a judge

b. Demeanor of a witness noticed by judge

c. Facts brought to the notice of judge

d. None of the above

57. Facts which need not be proved by the parties, include:

a. facts which have been admitted by the parties at or before the hearing

b. statements made on oath

c. any registered document

d. statements made in plaint or in written statement supported by affidavit.

58. Section 53 of the BSA deals with

a. formal admissions

b. evidentiary admissions

c. formal as well as evidentiary admissions

d. none of the above

59. Which one of the following Sections of the BSA says "facts admitted need not be proved"?

a. Section 18

b. Section 21

c. Section 55

d. Section 53

60. Which among the following is not a fact admitted?

a. Facts which the parties agree to admit at the hearing

b. Facts which the parties agree in writing to admit before the hearing

c. Facts which by any rule of pleading are deemed to have been admitted

d. Facts which are uncontested by the opposite party

61. Which statement is not true?

a. If a contract be contained in several letters, all the letters must be proved

b. If a bill "of exchange is drawn in a set of three, all the three need to be proved '

c. If a contract is contained a bill of exchange, the bill of exchange must be proved

d. none of the above

62. Which of the following statements is not correct?

a. No fact of which the Court will take notice need be proved

b. Facts admitted need not be proved

c. All facts and the contents of documents may be proved by oral evidence

d. Oral evidence must be direct

63. Which one of the following statements is correct?

A, who has taken vow of silence gives evidence in writing in an open court. His evidence shall be deemed to be

a. documentary evidence

b. circumstantial evidence

c. oral evidence

d. Secondary evidence

64. Contents of a documents under Section 54 of the BSA

a. can be proved by oral evidence

b. cannot be proved by oral evidence

c. may or may not be proved by oral evidence

d. can only be proved by oral evidence under the orders of the court

65. Which of the following statements is not correct?

a. No fact of which the Court will take notice need be proved

b. Facts admitted need not be proved

c. All facts and the contents of documents may be proved by oral evidence

d. Oral evidence must be direct

66. Oral evidence is allowed:—

a. only when it is given in Court

b. even if it is given either in the Court or elsewhere

c. when it is given both in trial and investigation

d. when it is given before a police officer in investigation

67. A witness who is unable to speak, gives his evidence by writing in open Court. Evidence so given shall be deemed to be—

a. Oral evidence

b. Documentary evidence

c. Primary evidence

d. Secondary evidence

68. Oral evidence, under Section 55 of the BSA must in all cases be

a. indirect

b. circumstantial

c. direct

d. may be presumed by Court

69. Which is not the main principle that underlies the Law of Evidence?

a. The best evidence must be given in all cases

b. Evidence must be confined to the matters in issue

c. Hearsay evidence must not be admitted

d. Hearsay evidence must be admitted

70. Which one of the following statements is correct?

"Hearsay evidence" become relevant

a. when it is ratified by admission or confession

b. when it comes under the ambit of section 4 of the BSA

c. when it is mentioned in any public document or is presumed by the court

d. in all of the categories mentioned above

71. In which of the following cases hearsay evidence is not admissible?

a. Statement of experts expressed in treaties, if the author is dead or cannot be found.

b. Where eye-witness told the facts to another person, statement of that person.

c. If the statement is of a deceased person, when it relates to cause of his death.

d. If the statement is part of the transaction-in-issue.

72. Which one of the following is not a document under the BSA?

a. An inscription on a stone of a building

b. A photograph

c. A printout of a message sent through mobile or computer

d. A knife recovered by police from the possession of an accused and produced in the court

73. If X is charged with Y's murder, which of the following will be a hearsay evidence:

a. Z, in his evidence, states that "I saw X stabbing Y with a knife".

b. Evidence of A that "Z told me that he had seen X stabbing Y".

c. Both (a) and (b).

d. None of the above

74. Presumption as to electronic agreements is provided in section of BSA.

a. 85

b. 86

c. 87

d. 88

75. Which of the following is an example of 'may presume'?

a. Presumption as to electronic records

b. Presumption as to digital signature certificate

c. Presumption as to electronic messages

d. Presumption as to electronic agreements

76. Period of thirty years under section 92 of BSA is to be reckoned from

a. the date on which the document is relied upon

b. the date on which the document is filed in the court

c. the date on which the document is tendered in evidence, when its genuineness becomes a subject of proof

d. all of the above

77. Due execution of a document more than thirty years old coming from proper custody, is a:

a. rebuttable presumption of law

b. presumption of fact

c. irrebuttable presumption of law

d. none of the above

78. Where a thirty years old document is produced before the Court, it may presume

a. That the facts stated in the document are proved

b. That the document is duly executed

c. That the content of it are proved

d. All the above

79. In respect of a certified copy, thirty years old, which fulfills all the conditions laid under Section 92 of the BSA, the court

a. shall presume

b. may presume

c. will not presume

d. None of the above

80. The presumption under Section 92 of the BSA , can be drawn in respect of

a. original documents

b. certified copies

c. uncertified copies

d. all of the above

81. In cases where a document proved to be thirty years old is produced from proper custody, which of the following presumptions will the court make?

a. The court makes an irrebuttable presumption that the contents of the document is true.

b. The court shall presume that the person who had custody of the document is the executor of the document

c. The court may presume that the signature and handwriting is the signature and handwriting of the person to be and was duly executed and attested.

d. The Court shall not make any presumption as to its validity or its execution.

82. A document is said to be in the handwriting of 'A'. That document is produced from proper custody. If the document is purporting or proved to be—

a. Thirty

b. Fifteen

c. Twenty

d. Twelve years old. Court may presume that it is in 'A's' handwriting.

83. How many years old electronic record will be deemed to be proved, if it is produced from any custody which the court in the particular case considers proper?

a. Five years

b. Thirty years

c. Twenty years

d. Ten years

84. Court can presume about the legality of digital signature on electronic record under BSA when it is

a. 30 years old

b. 15 years old

c. 5 years old

d. 12 years old

85. Contents of documents may be proved:

a. by secondary evidence

b. by primary evidence

c. (a) and (b) both are correct

d. above all options are incorrect

86. Point out the incorrect answer Evidence may be:

a. Direct and indirect

b. Primary and secondary

c. Oral and documentary

d. Procedural and substantive

87. A person is seen with same bank notes immediately after a theft in bank. The presumption is

a. he has stolen the money

b. he has received the stolen money with required knowledge

c. either (a) or (b)

d. None of the above

88. There is a presumption of genuineness regarding the cause list on the Delhi High Court's Website

a. true

b. false

c. partially true

d. partially false

89. Which document is not admissible without formal proof?

a. Admitted Document

b. Medical Report

c. Report of Chief Inspector of Explosives

d. Report of a Director of the Fingerprint Bureau

90. When a document purporting to be a power of attorney, duly authenticated as required by law is produced

a. the court can take it as conclusive proof

b. the court may presume its execution and authentication

c. the court shall presume its execution and authentication

d. nothing, is required to be proved

91. Which of the following is the best evidence?

a. Documentary evidence

b. Direct evidence

c. Hearsay evidence

d. Circumstantial evidence

92. When is it not necessary to call the certifying writer of the document to prove the document?

a. When the document is a will

b. When the document is 30 years old

c. Only (b)

d. (a) and (b) are wrong

93. A certified copy of a registered sale deed produced in evidence

a. will be proof of execution of the original and its registration

b. will be proof of execution only

c. will be merely proof of the fact that an original document was registered

d. will not prove anything in absence of original

94. Electronic record presented for the inspection of the Court under BSA is:—

a. Electronic evidence

b. Documentary evidence

c. Oral evidence

d. Modem evidence

95. Tape recorded statements are

a. Documentary evidence

b. Oral evidence

c. Both (a) and (b)

d. None of the above

96. A sues B on an agreement and gives B notice to produce it. At the trial, A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A.

a. He cannot do so

b. He can do so with the consent of the other party.

c. He can do so with the order of the Court.

d. Both (b) and (c)

97. The word "Primary and Secondary evidence" is part of

a. Law of procedure

b. Principles of fair play

c. Bharatiya Sakshya Adhiniyam, 2023 (BSA)

d. Banking and Security Law

98. Which of the following statements is correct?

a. Section 94 of the BSA does not apply to third parties

b. Section 94 of the BSA does not apply to criminal cases

c. Section 94 of the BSA does not apply if there is not completed contract

d. Section 94 of the BSA does not apply to a contract if it cannot be specifically enforced

99. Which of the following observations is correct?

a. Section 94 and 95 of the BSA may not be abrogated by special law

b. Where section 94 does not apply section 95 also does not apply

c. The law of estoppel does not override sections 94 to 97 of the BSA

d. Section 94 and 95 apply even if there is no completed and binding contract

100. Where a bill of exchange is drawn in a set of five, how many of them need to be proved?

a. Five

b. Three

c. One

d. Two

101. Assertion (A): A gives B a receipt for money paid by B. Oral evidence is offered for the payment. The evidence is admissible.

Reason (R): A receipt is not a contract or grant in respect of which oral evidence is barred.

Code:

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

102. Assertion (A): Sections 94 and 95, BSA should be read together. Reason

Reason(R): These two Sections supplement each other.

Code:

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

103. ‘A’ gives 'B' a receipt for money paid by 'B' to 'A'. Oral evidence is offered of the payment. What is the status of evidence under Section 94 of the BSA?

a. It is admissible

b. It is not admissible

c. It is irrelevant

d. It is secondary evidence

104. Point out the incorrect statement:

a. If a contract is contained in several letters, all the letters in which it is contained, must be proved.

b. If a contract is contained in a bill of exchange, the bill of exchange must be proved.

c. If a bill of exchange is drawn in a set of three, one only need be proved.

d. If 'A' gives 'B' receipt for money paid by 'B', oral evidence is offered of the payment, the evidence is not admissible.

105. A, agrees, in writing, to sell a horse to B for "Rs. 1,000 or Rs. 1,500. To show which price was to be given, under BSA—

a. Evidence can be given

b. Evidence cannot be given

c. Evidence can be given by the Court's permission

d. Can be proved as secondary evidence

106. "Written document must be proved by writing only", this maxim has been incorporated under which of the following sections of BSA

a. Section 89

b. Section 94

c. Section 127

d. None of the above

107. Section 94 of the BSA applies to

a. only to the transactions which under the law must be in writing

b. only to the transactions which are reduced into the writing

c. both (a) and (b)

d. none of the above

108. Which of the following statements is correct?

a. Section 94 of the BSA does not apply to third parties

b. Section 94 of the BSA does not apply to criminal cases

c. Section 94 of the BSA does not apply if there is not completed contract

d. Section 94 of the BSA does not apply to a contract if it cannot be specifically enforced

109. Section 94 of the BSA

a. permits admission of oral evidence to prove contents of a document where the writing is a fact in issue.

b. prohibits admission of oral evidence to prove the contents of a document where the writing is a fact in issue.

c. prohibits admission of oral evidence to prove the contents of a document where the writing is not a fact in issue and is merely a collateral memorandum.

d. Both (b) and (c).

110. Under BSA:

A. A' agrees absolutely in writing to pay 'B' Rs. 1000 on the 1st March, 2010. The fact that at the same time an oral agreement was made that the money should not be paid till the thirty-first March, cannot be proved.

B. 'A' Sells 'B' a horse and verbally warrants him sound. ‘A’ gives ‘B’ a paper in these words "Bought of ‘A’, a horse for Rs. 500". ‘B’ may prove the verbal warranty.

a. (A) incorrect, (B) correct

b. (B) incorrect, (A) correct

c. Both correct

d. Both incorrect

111. A and B make a contract in writing that B shall sell A a house, to be paid for on delivery. At the same time they make an oral agreement that three months" credit shall be given to A. Can evidence of this oral agreement be given in a court?

a. Yes, by A against a third party

b. Yes, by A against B or vice versa

c. Yes, by a third party against A or B

d. Yes, by a third party, only if he is affected, against A or B

112. A sells B a horse and verbally warrants him sound. A gives B a paper in these words "Bought of A a horse for Rs. 500" Whether B can prove the verbal warranty:

a. Yes

b. Barred under section 95 of BSA

c. No

d. Under section 94 BSA only written documents can be proved

113. Which one among the following statements is not correct according to the provisions of the BSA?

a. Where a document is executed in several parts, each part is primary evidence of the document

b. Where a document is executed in counterpart, each counterpart is primary evidence as against the parties executing it

c. Where a document is executed in counterpart, each counterpart is primary evidence for the parties executing it

d. Where the document itself is produced before the court for its inspection, it is primary evidence of the document

114. What is meant by primary evidence?

a. Basic evidence

b. Preliminary evidence

c. Essential evidence

d. None of the above.

115. Section 57 of the BSA, deals with

a. primary evidence

b. secondary evidence

c. proof of documents by primary evidence

d. cases in which secondary evidence relating to documents may be given

116. Primary evidence of a document means

a. It's certified copy

b. It's Xerox copy

c. Document itself

d. Authenticated copy

117. Where a document is executed in several parts, there

a. each part is a primary evidence of the document

b. each part cannot be primary evidence of the document

c. each counterpart is secondary evidence

d. only main part is primary while rest is secondary evidence of the document

118. Which of the following is a primary evidence:

a. copies made from and compared with the original

b. counterpart of document as against the parties who did not execute them

c. counterpart of a document as against the parties who executed it

d. certified copies of a document

119. Which one among the following is not a primary Evidence?

a. A document executed in several parts

b. A copy made from or compared with original

c. Document executed in counterparts

d. Documents made by one uniform process

120. When a number of documents are all made by one uniform process, as in the case of printing lithography or photography, each is:— .

a. secondary evidence of the contents of the rest

b. primary evidence of the contents of the rest

c. direct evidence of the contents of rest

d. documentary evidence, of the contents of the rest

121. The primary evidence in respect of a document, which is prepared in many original copies, will be:—'

a. First original copy

b. All original copies

c. All copies are secondary evidence

d. None of the above

122. 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

123. Which section of BSA deals with Primary evidence?

a. Section 55

b. Section 57

c. Section 59

d. Section 60

124. A carbon copy of the injury report prepared by a Doctor by one uniform process by which the original was prepared may be admitted as

a. secondary evidence

b. primary evidence

c. direct evidence

d. circumstantial evidence

125. Which one of the following is not a secondary evidence?

a. Copies made from the original by, mechanical process

b. Copies made from or compared with the original

c. Compartments of documents

d. Lithography

126. Copies made from or compared with the original is:

a. Primary evidence

b. Secondary evidence

c. Inadmissible evidence

d. None of these

127. Secondary evidence includes

a. certified copy of a court's judgement

b. oral account by any person of a document who has seen it

c. copies prepared or compared with originals

d. all of the above

128. Secondary evidence is admissible:

a. Where the non-production of primary evidence has not been accounted for

b. Where the non-production of primary evidence has been accounted for

c. Irrespective of whether the non-production of primary evidence has been accounted for or not

d. Both (a) and (c) are correct

129. Under BSA a copy compared with a copy of a letter made by a copying machine is

a. primary evidence

b. oral evidence

c. secondary evidence

d. any of the above

130. Which of the following is not secondary evidence?

a. Certified copies of public documents

b. Copies made from or compared with the original

c. Counterparts of documents as against the parties who did not execute them

d. Oral accounts of the contents of a document given by some person who has himself not seen it.

131. Out of the following which is not a secondary evidence?

a. Copies made from the original by mechanical process

b. Copies made from or compared with the original

c. Oral accounts of the contents of a document given by a person who has himself seen it

d. Oral account of a Photograph

132. If on the carbon copies of a letter written on a typewriter, signature have been put on the first letter then other copies:

a. Will also be primary evidence

b. Will be secondary evidence.

c. Will be no evidence.

d. None of the above.

133. What secondary evidence can be given in respect of public document:—

a. Oral statement regarding Subject matter

b. Certified copy of the document

c. Photo copy

d. Written admission

134. Oral account of the contents of a document by a person who has seen it is:

a. testimonial evidence

b. primary evidence

c. secondary evidence

d. circumstantial evidence

135. Oral account of the contents of a document is admissible

a. when give by a person who has seen & read the document

b. when given by a person who has seen but not read the document

c. when given by a person to whom the document was read over

d. is not admissible in either of the above cases

136. Secondary evidence of a document means

a. copies of that document

b. oral account of the contents of the documents

c. both (a) & (b)

d. neither (a) nor (b)

137. Under BSA photo of a building is

a. a primary evidence

b. a secondary evidence

c. no evidence

d. None of the above

138. Which is a primary evidence?

a. The commissioner prepared a report and signed it

b. A copy of medical certificate prepared from the original

c. A photocopy of the will

d. Enlargement of a photo from another photo

139. Which one of the following is not a secondary document?

a. A photograph of an original, not compared, but the thing photographed was original

b. A copy transcribed from a copy and compared with that copy, not with the original copy from which it was transcribed was compared with the original

c. Counterparts of documents against the parties who did not execute them

d. Oral accounts of contents of a document given by some persons who himself has seen it

140. Which of the following facts can be proved under section 95 of the BSA?

a. The policy of insurance is affected on goods in ships from Kolkata to London. The goods are shipped in a particular ship which is lost. A party says that the particular ship was orally excepted from the policy.

b. A agrees in writing to pay Rs. 1000 on the first of March, 2002. A party says that at the same time an oral agreement was made that money should not be paid till the 31st of March, 2002.

c. An estate called the Rampur Tea Estate is sold by a deed which contains a map of the property sold. One party says that land not included in the map had always been regarded ais part of the estate and was meant to pass by the deed.

d. A enters into a written contract with B to work in certain mines, the property of B, on certain terms. A says that he was induced to do so by a misrepresentation of B as to their value.

141. BSA - An estate called "the Rampur tea estate" is sold by a deed which contains a map of the property sold. The fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the deed, this fact—

a. Can be proved

b. Cannot be proved

c. Proved by the court's permission

d. Proved as secondary evidence

142. In a criminal case, the primary burden to prove a fact is upon:

a. Accused

b. Prosecution

c. Police

d. Court

143. Burden of proof under Section 104 of the BSA:

a. goes on shifting as the trial proceeds

b. never shifts

c. may shift

d. both (a) and (c) are correct

144. A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. According to the BSA the burden of proof is on

a. A, under Section 104

b. B, under Section 103

c. A, under Section 106

d. B, under Section 108

145. The burden of proof means the obligation to prove a fact. This is defined under

a. Section 108 of the BSA

b. Section 104 of the BSA

c. Section 200 of the BSA

d. Section 100 of the BSA

146. Burden of introducing evidence under Section 105 of the BSA—

a. Shifts at times

b. Never shifts

c. Constantly shifts

d. None of these

147. "The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side." This provision is contained in which Section of the BSA?

a. Section-104

b. Section-114

c. Section-105

d. Section-105

148. ‘A' prosecuted ‘B’ for theft and wishes the Court to believe that 'B' admitted the theft to 'C'. Who shall have to prove the admission?

a. C

b. B

c. A

d. Either (b) or (c)

149. According to the BSA, the burden of proof in a suit or proceeding lies on the person:

a. who instituted the suit or proceeding

b. against whom the suit or proceeding is instituted

c. who would fail if no evidence at all were given on either side

d. whom the court may call upon

150. The principle of proving beyond reasonable doubt applies to:—

a. Criminal proceedings only

b. Civil proceedings only

c. Evidence Law

d. All the Civil and Criminal proceedings

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BSA MCQs Set-3

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