Free MCQs
BSA MCQs Set-5
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1. Estoppel:
a. Need not be specifically pleaded
b. Should be specifically pleaded
c. May be specifically pleaded or may not be specifically pleaded
d. Both (b) & (c) are correct
2. Which one of the following is not an exception to the doctrine of estoppel under BSA?
a. When the truth is known to both the parties
b. On the question of law
c. On the question of fact
d. Against the law
3. Mr. X managed to get admission in MBBS course under a false caste certificate. University took three long years in verifying it and ultimately cancelled admission of Mr. X. Can estoppel work against the university?
a. Yes, as it took 3 years to cancel admission
b. No, as the student has committed fraud himself
c. No, as it is against the Statutes
d. Yes, as equity favour Mr. X
4. In which Sections of the BSA, provisions of 'Estoppel' are given:—
a. from Section 121 to 123
b. from Section 118 to 120
c. from Section 110 to 124
d. from Section 107 to 109
5. The Doctrine of Holding out is an application of the principle of:
a. Agency
b. Estoppel
c. Vicarious liability
d. Privity of contract
6. Who may not testify?
a. An accomplice
b. Child
c. Dumb person
d. Lunatic—who is unable to understand question and to give a rational answer
7. Under which Section of BSA the provision as to who could be a witness may found?
a. Section 120
b. Section 124
c. Section 119
d. Section 118
8. All persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them because of
a. tender years
b. extreme old age
c. mental disease
d. All these
9. Which one of the following is not a competent witness to testify under the BSA?
a. Persons capable of understanding the questions put to them by the court
b. Unchaste woman
c. Witness unable to speak
d. Idiot
10. A witness, who is unable to speak, gives his evidence in writing or by signs in the open court; evidence so given shall be deemed to be:
a. Inadmissible
b. Hearsay evidence
c. Documentary evidence
d. Oral evidence
11. Which of the following statements is incorrect regarding dumb witnesses?
a. A dumb witness may give his evidence by writing in open court
b. A dumb witness may give his evidence by signs in open court
c. Evidence given by a dumb witness in writing before the court shall be deemed to be documentary evidence
d. A dumb witness may give evidence in any manner which can make it intelligible
12. Evidence by a dumb witness in sign language must be given:
a. In open court
b. In chambers of the Judge
c. At the residence of the witness
d. In open court and video graphed
13. Which one of the following is not correctly matched?
a. Child witness: Section 124
b. Dumb witness: Section 120
c. Hostile witness: Section 157
d. Expert witness: Section 39
14. As per Section 126 of the BSA, which of the following has been stipulated that:
a. Wife of a party is not a competent witness in a civil proceeding.
b. Husband of a party is not a competent witness in a civil proceeding.
c. Wife of an accused is not a competent witness in a criminal proceeding.
d. None of the above
15. What is the evidentiary value of evidence given by husband against wife and vice versa under the BSA?
a. Both cannot adduce evidence
b. Both are considered one identity in law, therefore one cannot adduce evidence against the other
c. Evidence can be adduced only in criminal proceedings by both
d. Evidence can be adduced by both in civil and criminal proceedings
16. Which Section of BSA removes the bar of doctrine that 'husband and wife were one person' in law?
a. Section 120
b. Section 119
c. Section 126
d. Section 121
17. 'A' is a accused before a Court of Sessions of attempting to murder a police officer whilst on his trial before 'B', a Sessions Judge. Can 'B' be examined as a witness under the above situations as to what has occurred in his presence?
a. May be examined as to what occurred
b. Cannot be examined as to what occurred
c. Can be examined but only with the permission of the Higher Court
d. Can be examined only if the Session Judge consents
18. Under which Section of the BSA, a Judge cannot be compelled to answer any question as to his own conduct in court as such Judge:—
a. Section 123
b. Section 122
c. Section 127
d. Section 120
19. Section 127 of BSA provides for privileges in respect of which of following?
a. Husband and wife
b. Judges and Magistrate
c. Affairs of the State
d. Official Communications
20. A document containing a communication from a husband to his wife in the hands of a third person is
a. not admissible in evidence until consented to by the writer of the communication
b. not admissible at all
c. admissible in evidence
d. none of the above
21. A communication made to the spouse during marriage, under Section 128 of the BSA:
a. Remains privileged communication after the dissolution of marriage by divorce or death
b. Does not remain privileged after the dissolution of marriage by divorce or death
c. Does not remain privileged after the dissolution of marriage by divorce but remains privileged even after death
d. Remains privileged after the dissolution of marriage by divorce but not so on after death
22. Under section 128 of the BSA, privilege is available to
a. professionals
b. magistrates
c. wife and husband
d. judges
23. Husband and wife
a. are competent witnesses against each other in matrimonial cases
b. are not competent witnesses against each other as they are one person in law
c. are competent witnesses against each other in civil cases only
d. are competent witnesses against each other in civil as well as criminal cases
24. How many minimum numbers of witnesses are required to proof any fact?
a. No particular number of witnesses is required for the proof of any fact
b. 3
c. 2
d. 4
25. A and B were married. During marriage A committed forgery and communicated it to B, his wife. After some time divorce took place between A and B, and B married C. In a charge against this forgery prosecution wants to produce B as a witness against A. Can they do so?
a. They can do so as B is now married to C
b. They can do so as forgery is an offence against public policy
c. They cannot do so as B is bound not to be witness against A under privileged communications
d. They cannot do so as B has now nothing in common with A and is a third party
26. What are privileged Document?
a. Statement in departmental enquiry
b. Any communication between Chief Minister and Governor of State
c. The accident register kept by a medical practitioner
d. A defamatory imputation about a person in the instructions to an advocate
27. Which Section of the BSA is based on the maxim "Salus populi est suprema lex"?
a. Section 129
b. Section 118
c. Section 122
d. Section 130
28. Documents in respect of which privilege has been provided under Section 129 of the BSA
a. is a published official record
b. is an unpublished official record
c. both (a) and (b)
d. none of the above
29. The privilege to withhold the documents/information under the administrative law is enacted in which of the following Sections of the BSA?
a. Section 120
b. Section 126
c. Section 129
d. Section 98
30. For protection under Section 130 of the BSA, the communication is to be made:
a. To a public officer in official confidence
b. To a pubic officer as an ordinary cause of his duties
c. To a public officer as a routine matter
d. Either (a) or (b) or (c)
31. Under which Section of the BSA, a public servant shall not be compelled to disclose communication made to him in official confidence?
a. Section 123
b. Section 130
c. Section 125
d. Section 126
32. No revenue officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue. This provision is contained in
a. Section 131, BSA
b. Section 124, BSA
c. Section 123, BSA
d. Section 126, BSA
33. Which one of the following statements is correct?
a. An admission by a guardian ad litem against a minor is evidence
b. Admission on a point of law made by a pleader in court on behalf of the client is evidence
c. Admission by One of the several defendants in a suit against another defendant is evidence
d. Admission of fact made by a pleader in court on behalf of his client is evidence
34. "Nothing in Section 21 of the BSA shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence" is provided by the BSA under
a. Section 130
b. Section 128
c. Section 129
d. Section 132
35. Consider the following statements:
Presumption as to documents thirty- years old is mandatory
2. A child is not competent to testify
3. Doctrine of promissory estoppel is applicable against the government
4. Privilege granted to lawyers under section 132 aims at the protection of lawyers
Which of the statements given above is/are correct?
a. 1 and 2
b. 2, 3 and 4
c. 4 only
d. 3 only
36. Which one of the following facts is protected from disclosure in a court of law?
a. A, a client, says to B, an attorney "I have committed forgery and I wish you to defend me"
b. A, a client, says to B, , an attorney "I wish to obtain possession of property by the use of a forged deed on which I request you to sue"
c. A, being charged with embezzlement retains B, an attorney to defend him. In the course of the proceedings, B observes that an entry has been made in A's account book charging A with the sum said to have been embezzled which entry was not in - the book at the commencement of his employment
d. A, a client says to his attorney B, "I . 1 want to murder my enemy C. Please advise me how I may be able to murder C"
37. A wrote a letter to his lawyer X that he is going to commit theft and in case he is apprehended, he should be, protected. Can X be witness against A , in case of charge of theft?
a. yes, as it is a communication before the doing of an act
b. No, lawyer , and client are barred under privileged communication
c. Yes, it is not a privileged, communication except an , information to a third party
d. No, lawyer as per professional ethics, should not stand against A
38. Which one of the following statements is not true? The professional communication between an advocate and his client can be disclosed before the Court
a. with the consent of the client
b. without the consent of the client if made in furtherance of any illegal purpose
c. without the consent of the client if the advocate comes to know that any crime or fraud has been committed since the commencement of his employment
d. all of the above
39. Communication by a client to an Advocate is not permitted to be disclosed under Section of the BSA
a. 132
b. 130
c. 128
d. 129
40. 'Professional Communication' between Advocate and his client—
a. is not admissible in evidence
b. is a privilege communication only until the contract continues
c. is admissible in evidence with consent of the client
d. is not admissible until it is legal
41. Which of the following is a mismatch?
a. Matrimonial communication—Section 128
b. Official communication—Section 130
c. Professional communication—Section 132
d. Confidential communication with legal advisor—Section 127
42. Section 134 of BSA states that no one shall be compelled to disclose to the court any confidential communication which has taken place between
a. Teacher and Student
b. Company and its client
c. Legal professional advisor and his client
d. Landlord and tenant
43. If question asked to witness to any matter relevant to the matter in issue and the answer given by witness to such question will criminate him, then
a. the witness shall be compelled to answer such question
b. the witness shall not be compelled to answer such question
c. court may presume
d. None of the above
44. Testimony of an accomplice before it is accepted and acted upon:
a. Must be corroborated from the testimony of another accomplice
b. Must be corroborated from an independent source
c. Need not be corroborated at all
d. Either (a) or (c)
45. "An accomplice shall be a competent witness against an accused person and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice." Which of the following sections of the BSA enunciates the aforesaid principle?
a. Section 131
b. Section 132
c. Section 138
d. Section 134
46. Which one of the following is provided under Section 138 of the BSA?
a. Acceptance of an Evidence
b. Rejection of an Evidence
c. Evidence of deaf and dumb
d. Evidence of an accomplice
47. Select the right option based on following Assertion-Reason:
Assertion (A): The evidence of an accomplice requires to be accepted with a great degree of caution and scrutiny.
Reason (R): He hopes for pardon or has secured it and so favours the prosecution.
a. Both (A) and (R) are individually true and (R) is correct explanation of (A)
b. Both (A) and (R) are individually true, but (R) is not the correct explanation (A)
c. (A) is true but (R) is false
d. (A) is false but (R) is true
48. Which of the following statement is correct with respect to an accomplice?
a. An accomplice shall not be a competent witness against an accused person
b. An accomplice shall be a competent witness against an accused person
c. No conviction shall be made based on the uncorroborated testimony of an accomplice
d. An accomplice's testimony shall always be corroborated
49. Assertion (A): An accomplice shall be a competent witness against an accused person.
Reason (R): An accomplice is unworthy of credit, unless he is corroborated in material particulars.
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 a correct explanation of (A)
c. (A) is true but (R) is false
d. (A) is false but (R) is true
50. Which of the following statements is/ are not true?
An accomplice is a competent witness against an accused person.
2. Conviction on the testimony of an accomplice is legal.
3. Conviction on the testimony of an accomplice is legal only if it is corroborated.
Select the correct answer using the code given below:
a. 1, 2 and 3
b. 1 and 2
c. 3 only
d. 1 and 3 only
51. Who amongst the following is an accomplice?
a. A prostitute
b. A raped girl
c. A spy
d. A person giving bribe under coercion
52. Mark the correct statement
a. an accomplice is unworthy of credit, unless he is corroborated in material particulars
b. an accomplice shall be a competent witness against an accused, and conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice
c. Both (a) and (b)
d. None of the above is correct
53. Dagdu v. State of Maharashtra is related with
a. Accomplice
b. Burden of proof
c. Res-gestae
d. Hostile witness
54. One of the most important principles of the law of evidence is that "evidence is to be weighed and not to be counted." This has been incorporated under which Section of , BSA mainly under
a. Section 132
b. Section 133
c. Section 123
d. Section 139
55. Which one of the following statements is correct? The protection of professional communication as provided under BSA, in section 132 to 134 is available only
a. for engaging an advocate to plead his case
b. for disclosing communication to advocate or his colleagues
c. before commission of the offence or illegal acts
d. after commission of the crime or illegal acts
56. Which of the following is correct statement according to law?
a. An accomplice shall be competent witness against an accused person
b. Leading question may be asked in cross-examination of a witness
c. The court may permit a party, who, calls a witness, to put any question to him, which might be put in cross- examination by the adverse party
d. All the above
57. A magistrate can be compelled to answer questions on his own conduct as a Magistrate in Court:
a. By another Magistrate
b. By a police officer
c. By a revenue officer
d. By an order of a court to which he is subordinate
58. The statement of a solitary witness:
a. Can be relied upon by a Court
b. Cannot be relied upon by a Court
c. Can be relied upon if the Court concludes it to be correct and true
d. None of the above
59. Under BSA, which among the following does not come under the category of privileged communications?
a. Communications made during marriage
b. Communications made by a witness who is unable to communicate verbally
c. Official communications
d. Professional communications
60. Which Section of BSA provides that judge will decide as to admissibility of evidence?
a. Section 3
b. Section 21
c. Section 141
d. Section 148
61. Admissibility of evidence is to be decided by
a. the parties to a trial
b. the Judge
c. the public prosecutor
d. the advocates of the parties
62. The examination, after the cross- examination of a witness by the party who has called him, is called—
a. Main examination
b. Additional cross-examination
c. Re-examination
d. Re-cross examination
63. During re-examination of a witness:
a. A new matter can be introduced as a matter of right generally
b. A new matter can be introduced only with the permission of the court
c. No new matter can be introduced at all .
d. Either (a) or (c)
64. During examination in chief or re-examination:
a. Leading questions cannot be asked under any circumstances
b. Leading questions on certain matters can be asked without the permission of the court, as a matter of right
c. Leading question on certain matter can be asked only with the permission of the court
d. Only (a) and not (b) or (c)
65. The right to cross-examine on an answer to court question is available:
a. To the adverse party only
b. To the party calling the witness only
c. To either of the parties if the answer is adverse to either of the parties
d. Only (a) and not (b)
66. Cross-examination of a witness:
a. Must relate to relevant facts and has to be confined to what the witness testified in examination-in-chief
b. Must relate to relevant facts but need not be confined to what the witness testified in examination-in- chief
c. May not relate to relevant facts but must relate to what the witness testified in examination-in-chief
d. May not relate to relevant facts and may not be confined to what the witness testified in examination-in- chief
67. Cross-examination under Section 142 of the BSA means which one of the following?
a. Examination of a witness by a party who calls him
b. Examination of a witness by the adverse party
c. Examination of a witness by a party who calls him and the adverse party
d. Examination of a witness by the Court
68. Cross-examination of one's own witness is:
a. permissible
b. permissible only after obtaining the permission of the court
c. not permissible
d. permissible with the consent of the opposite party
69. The questions in cross-examination:
a. must be confined to the fact testified by the witness on his examination- in-chief
b. need not be confined to the fact testified by the witness on his examination-in-chief
c. can be asked to test the patience and withstanding capacity of the witness
d. can be asked even without any reasonable basis
70. After re-examination of a witness, the adverse party has a
a. right to further cross-examine the witness afresh in general
b. has no right to further cross-examine the witness
c. right to further cross-examine the witness only when a new fact is introduced in the re-examination
d. either (a) or (b)
71. Leading questions can be asked during
a. examination-in-chief
b. cross-examination
c. re-examination
d. all of the above
72. What is re-examination of a witness?
a. Recalling the witness,
b. Repeated examination of the witness.
c. Cross examination of one's own witness.
d. None of the above.
73. Which of the questions is not lawful in cross-examination?
a. A question to test the veracity of the witness
b. A question to discover what the position in life of the witness is
c. A question the answer of which amounts to hearsay
d. A question to injure the character of the witness
74. Examination of witnesses in criminal cases through video conferencing is:
a. permissible
b. impermissible
c. permissible at the option of the witness
d. permissible at the option of the accused
75. The object of cross-examination is—
a. to examine the intelligence of the witness
b. to examine the impartiality of the witness
c. to examine the credibility of the witness
d. to examine the good character of the witness
76. Which of the following statements regarding "Hostile Witnesses" is correct?
a. A party can never cross-examine their own witness.
b. The court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.
c. A witness is declared "hostile" automatically if they give a statement that does not help the party calling them.
d. Once a witness is declared hostile, their entire testimony must be excluded from evidence.
77. Under Section 57 of the BSA, if an electronic record is stored in multiple files across various devices (like a computer and a cloud server), each of these files is considered:
a. Secondary Evidence
b. Primary Evidence
c. Inadmissible Evidence
d. Hearsay Evidence
78. A person summoned to produce a document does not become a witness by the mere fact that he produces it. Under Section 144 of the BSA, such a person:
a. Can be cross-examined by both parties immediately.
b. Cannot be cross-examined unless and until he is called as a witness.
c. Is immune from all questioning.
d. Must give oral evidence about the document's contents.
79. A person summoned to produce a document when produces the document then—
a. He becomes a witness
b. He cross-examined by both the parties
c. He is cross-examined with the permission of the court
d. He does not become witness and cannot cross-examined unless and until he is called as a witness
80. What is not true?
a. Witness may be cross-examined as to previous statement in writing
b. Leading question may be asked in cross-examination
c. Person called to produce document can be cross-examined
d. Party calling the witness may cross- examine him with the permission of Court
81. Which section of the BSA defines 'Examination-in-chief', 'Cross-examination', and 'Re-examination'?
a. Section 135
b. Section 136
c. Section 137
d. Section 142
82. Under Section 165 of the BSA, a witness summoned to produce a document shall, if it is in his possession, bring it to Court:
a. Only if he thinks it is relevant.
b. Only if the police direct him to.
c. Notwithstanding any objection which there may be to its production or admissibility.
d. Only if he is the owner of the document.
83. Which statement is incorrect?
a. In cross examination a witness may be asked questions which tend to discover what is his position in life.
b. In cross examination a witness may be asked questions which tend to test his veracity.
c. Witnesses to character shall not be re-examined.
d. In cross examination a witness may be asked questions which tend to discover who he is.
84. The credit of a witness may be impeached in the following ways by the adverse party, or with the consent of the Court by the party who calls him, EXCEPT:
a. By the evidence of persons who testify that they believe him to be unworthy of credit.
b. By proof that the witness has been bribed.
c. By proof of former statements inconsistent with any part of his evidence.
d. By proof of the witness's religious or political beliefs.
85. Which one of the following sections of BSA contains provisions regarding cross-examination of witnesses to character?
a. Section 145
b. Section 141
c. Section 142
d. Section 139
86. Any question suggesting the answer which the person putting it wishes or expects to receive is called—
a. Indecent question
b. Scandalous question
c. Question intended to annoy
d. Leading question
87. "Leading question" has been defined in BSA under
a. Section 41
b. Section 121
c. Section 146
d. Section 144
88. Under Section 148 of BSA, a witness may be cross-examined as to previous statement in writing:
a. without proving the same and without showing the same to the witness
b. only after proving the same, may be without showing the same to the witness
c. without proving the same but only after showing the same to the witness
d. only after proving the same and showing the same to the witness
89. Under Section 148 of the BSA, a witness may be contradicted as to his previous statement in writing
a. without drawing his attention to the previous writing
b. after drawing his attention to the previous writing
c. without drawing or after drawing his attention to the previous writing
d. none of the above
90. Previous statements for the purpose of contradicting a witness under Section 148 do not include
a. Statement made by a witness as accused in a previous case
b. Letter written by him
c. Deposition in another case
d. Admission made by him in a written statement
91. Under Proviso of Section 149 of the BSA, in a prosecution for rape in her cross-examination, the prosecutrix—
a. Can be put question as to her general immoral character
b. With the permission of the Court can be put questions as to her general immoral character
c. Cannot be put questions as to her general immoral character
d. Cannot be put question as to her rape
92. In prosecution for an offense under section 64 of BNS, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent is provided in which Section of BSA.
a. 145
b. 149
c. 147
d. 148
93. In a prosecution for rape, questions in Chief-Examination of the prosecutrix as to her general immoral character are:—
a. permissible
b. not permissible
c. permissible with the special permission of the court
d. permissible if the prosecutrix consents to it
94. Under BSA questions relating to a matter not relevant to the suit or proceedings may be asked under
a. Section 146
b. Section 147
c. Section 151
d. Such questions cannot be asked
95. In which of the following circumstances are there no reasonable grounds for putting the question to the witness?
a. An advocate is instructed by another advocate that an important witness is a dacoit. An advocate asks the question "Are you a dacoit?"
b. An advocate is informed by a person in court that an important witness is a dacoit. The informant on being questioned by the advocate gives satisfactory reasons for his statement. The advocate asks this question, "Are you a dacoit?"
c. A witness of whom nothing whatever is known is asked at random whether he is a dacoit.
d. A witness of whom nothing whatever is known on being questioned as to his mode of life and means of living gives unsatisfactory answers. The witness is asked, "Are you a dacoit?"
96. "An advocate is instructed by another advocate that an important witness is a dacoit. This is a reasonable ground for asking the witness whether he is a dacoit." This illustration is based on which of the following Sections of the BSA?
a. Section 152
b. Section 153
c. Section 147
d. Section 145
97. Under the BSA the court may permit such questions which it regards indecent or scandalous if
a. they relate to facts in issue
b. they relate to the character of the accused
c. accused does not object
d. prosecutor demands it
98. Section 157 of the BSA deals with which of the following?
a. Compellable witness
b. Interested witness
c. Hostile witness
d. Accomplice
99. A party can ask Questions to his own witness under which section of the BSA?
a. Section 156
b. Section 157
c. Section 158
d. Section 160
100. Testimony of 'Hostile Witness' is to be:
a. rejected outrightly
b. partially rejected
c. partially accepted
d. considered with caution and be corroborated
101. What option is available to a Commissioner when a party seeks permission to cross-examine his own witness—
a. He can permit the party to do so
b. He cannot permit the party to do so
c. He may ask the party to first obtain permission from Court under Section 157 of the BSA
d. He can permit the party to do so with the consent of the opposite party.
102. Section 169 of the BSA states that the improper admission or rejection of evidence shall not be a ground of itself for a new trial or reversal of any decision if:
a. The evidence was digital.
b. The lawyer objected at the right time.
c. There was sufficient evidence to justify the decision regardless of the error.
d. The witness was a government official.
103. Former statement of a witness may be proved to corroborate later testimony as to the same fact, as provided under Section of the BSA
a. Section 160
b. Section 151
c. Section 156
d. Section 155
104. Which one of the following statements is correct? A "Dying Declaration" made under section 26 or 27 of the BSA, is subject to the control of
a. Section 183 of the BNSS
b. Section 180 and 181 of the BNSS
c. Section 46 and 49 of the BSA
d. Section 161 of the BSA
105. Under which provision a witness can refresh his memory:
a. U/s 148 of BSA
b. U/s 162 of BSA
c. U/s 165 of BSA
d. U/s 157 of BSA
106. Section 162 of BSA provides for
a. The credit of a witness may be impeached
b. Court's power to disallow indecent or scandalous question
c. Witness can refresh his memory
d. To put any question which might be put in cross-examination by party to his own witness
107. A witness cannot refresh his memory by:
a. Referring to any writing made by the witness
b. Referring to any copy of the document by the witness with the court's permission
c. Referring to any writing made by any other person and read by the witness
d. Referring to another witness for taking his assistance
108. Court-question under Section 168 of BSA can be put to
a. any witness
b. any party
c. both (a) & (b)
d. neither (a) nor (b)
109. Under which Section of the BSA, a judge is empowered to ask any question relevant or irrelevant to a witness or a party to a suit?
a. Section 164
b. Section 168
c. Section 166
d. None of the above
110. If any advocate asks questions without reasonable ground the procedure court should adopt:
a. Court will not dictate them
b. Will hear quietly
c. Report to State Bar Council
d. Will permittee to ask
111. Documents which are meant for cross-examination of a witness of the other party or meant for refreshing the memory of the witness may be produced:
a. at or before the settlement of issues
b. after the settlement of issues
c. at any time when they are required
d. along with pleadings
112. The BSA includes "coercion" as a factor that makes a confession irrelevant under which section?
a. Section 22
b. Section 23
c. Section 24
d. Section 25
113. Section 170 of the BSA is a "Savings" clause. What is its primary function?
a. It allows the Judge to save a witness from cross-examination.
b. It states that the repeal of the Indian Evidence Act shall not affect any pending investigation, trial, or proceeding.
c. It saves the government from being sued for legal errors.
d. It allows digital evidence to be saved on external hard drives
114. The Judge's power to put questions or order production of documents does not include authorization to
a. compel a witness to answer any question which such witness is entitled to refuse to answer if the question were asked by the adverse party.
b. to ask a question, which would be proper for any other person to ask.
c. to elicit clarity on a point.
d. None of these
115. Which is the correct order of examination of witnesses?
a. Cross-examination, examination-in- chief, re-examination
b. Examination-in-chief, re-examination, cross-examination
c. Examination-in-chief, cross-examination, re-examination
d. None of these
116. When a party refuses to produce a document which he had noticed to produce—
a. He cannot use the document as evidence without the consent of opposite party or the order of the court
b. Objection of opposite party is worthless
c. Order of court not necessary
d. Document will be deemed to be an admitted document
117. A is indicted for the murder of B. C says that B when dying, declared that A had given B the wound of which B died. Evidence is offered to show that, on a previous occasion, C said that the wound was not given by A. Which one of the following is correct? The evidence is
a. prohibited under section 52 of the BSA
b. admissible under section 154 of the BSA
c. admissible under section 153 of the BSA
d. admissible under section 158 of the BSA
118. Which question shall not be asked in examining a witness?
a. Which is intended to insult
b. Which is intended to annoy
c. Which appears needlessly offensive
d. All of the above types of questions
119. Match the List:
List I List II
(Subject matter) (Section of BSA)
A. Indecent and Scandalous 1. Section 158
questions
B. Impeaching credit of 2. Section 155
witness
C. Question intended to 3. Section 157
insult or annoy
D. Question by party to 4. Section 154
his own witness
A B C D
a. 1 4 2 3
b. 1 2 4 3
c. 4 2 1 3
d. 4 1 2 3
120. Which of the following chapters of the BSA deals with 'witnesses'?
a. Chapter VI
b. Chapter VII
c. Chapter VIII
d. Chapter IX
121. Which Section of the BSA makes the provision that there shall be no new trial on the ground of improper admission or rejection of evidence?
a. Section 166
b. Section 165
c. Section 169
d Section 161
122. A, a sculptor, agrees to sell to B "all my mods". A has both models and tools. Whether evidence can be adduced to show his intention:
a. Yes
b. No
c. Inference should be drawn to see the agreement
d. Oral evidence is not admissible
123. Law of evidence is:
a. Lex tallienis
b. Lex fori
c. Lex loci solutionis
d. Lex situs
124. Propositions under BSA are:
I. Statement is a genus, admission is a species & confession is a sub species
II. Statement & admission are species & confession is a sub species
III. Statement & admission are genus & confession is a species In this context
which of the following is correct:
a. I is correct, II & III are incorrect
b. I & II are correct & III is incorrect
c. II & III are correct & I is incorrect
d. III is correct & I & II are incorrect
125. Match List-I with List-II and select the correct answer using the code given below the Lists:
List-I List-II
A. Bloodstains and 1. Reg v. Dodson
blood group
B. Automac camera 2. State of Gujarat
v. Chhota Lai Patni
C. Tape-recorded 3. B v. Attorney-
statement General
D. Handwriting 4. Yusufalli v. State
of Maharashtra
A B C D
a. 3 4 2 1
b. 3 1 4 2
c. 2 3 1 4
d. 1 2 4 3
126. Which of the following pairs is not correctly matched?
a. That a man heard or said something - Fact
b. A map or plan - Document
c. Copies made from or compared with the Original - Evidence
d. Facts connected to a fact in issue in such a - Rule nisi
manner as to constitute part of the same transaction
127. The BSA deals with
a. 'presumptio juris' only
b. 'presumptio huminis' only
c. both (a) and (b)
d. none of the above
128. Which of the following is true as to the standard of proof in civil and criminal proceedings:
a. It is balance of probabilities in both civil and criminal proceedings
b. It is beyond reasonable doubt in both civil and criminal proceedings
c. In criminal proceedings it is upon the balance of probabilities and in civil proceedings it is beyond reasonable doubt.
d. In civil proceedings it is, upon the balance of probabilities and it is beyond reasonable doubt in criminal proceedings
129. "A fact in personal knowledge of the judge cannot be taken in evidence". In which case this had been held?
a. Har Prasad v. Shiva Dayal, (1876) 31A 259
b. Kashmira Singh v. State of M.P., 1952 ACR 536
c. Virendra Kumar Ghosh v. Emperor, ILR (1910) 37 Cal 474
d.Pushpa Devi Ramjatia v. M.L. Wadhwa, AIR 1987 SC 1748
130. Under BSA, the evidence given by dog squad is
a. not admissible
b. not admissible because dependent on the canine inference
c. Dogs cannot give evidence on oath
d. Admissible
131. BSA consists of
a. 12 Chapters 170 Sections
b. 11 Chapters 2 Schedules
c. 11 Chapters 197 Sections
d. 11 Chapters 3 Schedules
132. "Presumption of fact" under the BSA
a. is based on logic, human experience and natural events and law of nature
b. is based on provisions of law
c. cannot be ignored by the court
d. is of certain and uniform position
133. Which of the following is correctly matched according to BSA
a. Refreshing memory : Section 161
b. Identification parade : Section 8
c. Admission : Section 22
d. None of the above
134. BSA does not expressly mention about
a. Oral Evidence
b. Documentary Evidence
c. Secondary Evidence
d. Circumstantial Evidence
135. Under BSA "Motive" becomes more relevant in a case based on
a. Direct evidence
b. Circumstantial evidence
c. Documentary evidence
d. Without any evidence
136. ‘A’ is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed at 'X', troops are attacked at 'Y and goals are broken open in 'Z'. 'A' was present at 'X' and ‘Y but not at "Z'.
a. Occurrence at X and Y are relevant.
b. Occurrence at X, Y and Z are relevant.
c. Occurrence at X, Y and Z are not relevant.
d. None of the above
137. Circumstantial evidence is considered weaker evidence as compared to direct evidence
a. Because it has 2 errors of fallibility (i) of the fact from which inference is drawn being proved and (ii) of the inference to be drawn from the fact proved
b. Because the inference in circumstantial evidence is based upon a presumption
c. Because circumstances sometimes may tell a lie
d. Because circumstances evidence is based upon the process of deductive logic
138. The material facts on which a party relies are called
a. facta probantia
b. facta probanda
c. falsa demonstration on meet
d. fences terraria
139. 'A' sells to 'B' by deed my estate at Raipur containing 200 bighas. "A" has an estate at Raipur containing 200 bighas. Whether evidence may be given of the fact that estate meant to be sold was one situated at a different place and of a different size:-
a. Yes
b. No
c. Inference should be drawn from the sale deed
d. Both (a) and (c)
140. Which court gave the final Judgement in the case of Pakala Narayan Swami v. King Emperor?
a. Madras High Court
b. Supreme Court
c. Privy Council
d. Federal Court
141. Which Act did the Bharatiya Sakshya Adhiniyam, 2023 (BSA) replace?
a. Indian Penal Code, 1860
b. Indian Evidence Act, 1872
c. Code of Criminal Procedure, 1973
d. Indian Contract Act, 1872
142. Under the BSA 2023, the definition of "Document" specifically includes which of the following?
a. Electronic and digital records
b. Only paper-based writings
c. Only registered deeds
d. Only court summons
143. Section 23 of the BSA 2023 states that a confession made to a police officer shall:
a. Be proved against a person accused of any offence
b. Not be proved against a person accused of any offence
c. Be valid if made in the presence of a lawyer
d. Be valid if recorded on video
144. Scenario: An accused person makes a confession via a WhatsApp video call to a Police Officer while in custody. Is this confession admissible?
a. Yes, because it is digital evidence under BSA
b. No, confessions to police remain inadmissible under Section 23
c. Yes, if it is encrypted
d. Yes, if the phone is seized
145. If you want to provide a digital file as evidence without the original device, which section's certificate is mandatory for it to be treated as secondary evidence?
a. Section 60
b. Section 63
c. Section 65
d. Section 70
146. Under the BSA 2023, "Documentary Evidence" specifically includes which of the following digital formats?
a. Only text-based emails
b. Server logs, emails, and smartphone messages
c. Only files stored on a physical hard drive
d. Only documents with a digital signature
147. Which section of the BSA 2023 deals with Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved?
a. Section 30
b. Section 38
c. Section 40
d. Section 44
148. A "Fact" is said to be "Proved" when, after considering the matters before it, the Court:
a. Is 100% certain of its truth
b. Believes it to exist or considers its existence so probable that a prudent man ought to act upon the supposition that it exists
c. Receives a police report confirming it
d. Hears it from at least two witnesses
149. "Presumption as to Electronic Messages" implies the Court may presume that a message forwarded by an originator:
a. Is true in its content
b. Was fed into the computer by the originator
c. Was read by the receiver
d. Corresponds with the message fed into the computer
150. Can a witness be excused from answering a question because the answer will "criminate" him?
a. Yes, he can refuse
b. No, but the answer shall not subject him to arrest or prosecution (except for perjury)
c. Only in civil cases
d. Only if the Judge is a woman