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BSA Questions Paper IV
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1. In Criminal Cases, previous good character of the accused is
a. irrelevant
b. relevant
c. inadmissible
d. conclusive proof of innocence
2. 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
3. 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.
4. In criminal proceedings the fact that the accused person has a bad character is—
a. Irrelevant
b. Relevant
c. Above (a) is right unless evidence has been given that he has a good character
d. All the above are incorrect
5. 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
6. Under which Section of the BSA bad character of an accused is not relevant?
a. Section 49
b. Section 52
c. Section 53
d. Section 118
7. Under Section 49 of BSA previous bad character is irrelevant, but becomes relevant if:
a. the bad character of a person is itself a fact
b. the bad character of a person is itself a fact-in-issue
c. the bad character is evidence to a previous conviction
d. Both (b) and (c)
e. None of these
8. The term "character" as explained in Section 50 of the BSA means
a. Good and bad character
b. Reputation and disposition of general nature
c. Reputation formed on the basis of particular disposition
d. Character in a criminal act
9. "Character as affecting damages" has been discussed in which one of the following sections?
a. Section 50 of the BSA
b. Section 56
c. Section 57 of the BSA
d. Section 58 of BSA
10. Relevancy of facts is contained in:—
a. Sections 3 to 50
b. Sections 6 to 54
c. Sections 7 to 56
d. Sections 8 to 55
11. Which one of the following is the true statement in relation to the relevancy of character?
a. In criminal cases, previous good character is irrelevant
b. In criminal proceedings, previous bad character is relevant
c. In civil cases, character to prove conduct imputed is relevant
d. In civil cases, character of any person affecting the amount of damages is relevant
12. "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
13. Palvinder Kaur v. State of Punjab relates to which of the following?
a. Confession
b. Dying declaration
c. Entries in the books of account
d. Relevancy of judgments
14. 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
15. Assertion (A): In criminal cases the fact that accused is of good character is relevant.
Reason (R): In criminal cases bad character of the accused is always irrelevant.
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
16. Relevancy and admissibility under BNS are
a. synonymous
b. co-extensive
c. neither synonymous nor co-extensive
d. synonymous and co-extensive, both
17. 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 .
18. 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
19. 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
20. What does police-custody in the context of the BSA mean?
a. Handcuffing by the police
b. Confining the accused inside the police station by the police
c. Restricting the movement of the accused
d. Some kind of surveillance and restriction by the police
21. 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.
22. 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.
23. 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
24. Match List-I with List-II and select the correct answer using the code given below the Lists:
List-I
a. Confession caused by inducement, threat, promise
b. Confession to a customs officer
c. Confession in the FIR given by the accused
d. Discovery of a fact pursuant to a statement in police custody
List-II
1. Aghnoo Nagesia v. State
2. State of Punjab v. Barkatram
3. Pyarelal Bhargava v. State of Rajasthan
4. State of Bombay v. Kathi Kalu Oghad
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
25. Which of the following pairs is not correctly matched?
a. Relevancy of statements as to law contained in law books
b. Relevancy of statements in maps, charts, etc.
c. Relevancy of certain evidence for proving in subsequent proceeding the truth of facts therein stated
d. Relevancy of statement as to facts of public nature
26. 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
27. Under BSA,prosecution or Complainant may
a. not refresh memory of his witness
b. ask leading question to his own witness with die permission of the Court
c. ask leading question to his own witness without the permission of the Court
d. All 3 options are incorrect.
28. Case of Pakala Narayan Swanti v. King Emperor is related with
a. Section 4 of the BSA
b. Section 19 of the BSA
c. Section 26 of the BSA
d. Section 35 of the BSA
29. 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
30. 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).
31. 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. By comparison of the two-admitted & disputed
d. All the above
32. 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
33. 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
34. The following is not the exception to the rule of hearsay:—
a. Dying declaration
b. Res gestae
c. Expert's opinion
d. Confession
35. 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
36. In which Section of the BSA the words "to form part of the same transaction" are provided?
a. Section 3
b. Section 4
c. Section 5
d. Section 6
37. 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
d. 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
38. 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.
(II) Evidence of fingerprint expert is not substantive evidence.
(III) 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
39. 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.
40. 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
41. 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
42. 'Res Gestae' literally means;
a. Things done
b. Things spoken
c. Same transaction
d. Things then v
43. Identification of the accused through his photograph is:
a. admissible in evidence
b. not admissible in evidence
c. not relevant in evidence
d. none of the above
44. Exceptions to the rule against admissibility of hearsay evidence are provided:
a. Under Section 42 of the BSA
b. Under Section 29 of the BSA
c. Under Section 32 of the BSA
d. All of the above
45. A confession is admissible if it is made by the accused to—
a. A police officer
b. A doctor whilst he is in the custody of a police officer
c. His friend whilst he is in the custody of a police officer
d. A spiritual adviser under the inducement for the good of his soul
46. 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
47. Which of the statements given below is/are correct?
a. In civil cases, the character to prove the conduct imputed to a party is not relevant.
b. In criminal proceedings bad character of the accused is not relevant, unless evidence of good character has been given.
c. In criminal proceedings previous conviction of accused is relevant as evidence of bad character.
d. All these.
48. 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
49. Identification parade can be held by
a. Police Officer only
b. Magistrate only
c. Public Servant only
d. Any person
50. 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
51. Under BSA relevant fact must be
a. legally relevant
b. logically relevant
c. legally or logically relevant
d. None of the above
51. 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
53. In which of the following cases is the character of a person relevant?
a. Civil cases only
b. Criminal cases only
c. Writ petitions
d. Civil and criminal cases
54. A prosecutes B for adultery with C, A's wife. B denies that C is A's wife, but the Court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during 'A's lifetime. C says that she never was A's wife. Which statement is correct as per BSA?
a. The judgment against B is not relevant as against C
b. The judgment against B is relevant as against C
c. The judgment against B may be admitted against C if thirty years old
d. The judgment against B is relevant as against A
e. None of these
55. Assertion (A): Extra judicial confession, if voluntary, can be relied upon with other evidence.
a. Reason (R): Extra judicial confession is a weak piece of evidence. Code:
b. Both (A) and (R) are true and (R) is the correct explanation of (A)
c. Both (A) and (R) are true but (R) is not the correct explanation of (A)
d. (A) is true but (R) is false
56. The case, Pakala Narayan Swami v. King Emperor relates to—
a. Doctrine of estoppel
b. Dying declaration
c. Accomplice
d. Cross-examination
57. 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 of facts in issue 1. Sec. 7
b. Facts forming part of same transaction 2. Sec. 6
c. Motive, preparation and previous or subsequent conduct 3. Sec. 5
d. Facts necessary to explain or introduce relevant facts 4. Sec. 4
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
58. 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
59. 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
60. 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
61. Relevancy and admissibility under the BSA are
a. synonymous
b. co-extensive
c. neither synonymous nor co-extensive
d. synonymous & co-extensive both.
62. 'Admission' according to the BSA includes statement made by:
1. expressly referred person.
2. agent of a party to proceeding authorized to make the statement.
3. person whose liability must be proved.
4. person from whom the party derived his interest in the subject matter.
Select the correct answer using the code given below:
(a) 1, 2, 3 and 4
(b) 1, 2 and 3 only
(c) 2, 3, and 4 only
(d) 1 and 4 only
63. 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
64. 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
65. Assertion (A): A confession always goes against the maker of it, provided it has been made freely and voluntarily. Reason (R): A confession is inadmissible against a co-accused.
Choose the correct answer using the codes given below.
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
66. 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
67. Assertion (A): In criminal cases the fact that accused is of good character is relevant:—
Reason (R): In criminal cases' bad character of the accused is always irrelevant.
Select the correct answer using the code given below:—
(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 correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
68. Evidence of custom cannot be given to establish:—
a. a civil right
b. an easementary right
c. a customary right
d. a criminal right
69. 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. Buta Singh v. State of Punjab
c. Sahoo v. State of U.P.
d. Nishikant jha v. State of Bihar
70. 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
71. 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
72. Which of the following is not a leading case on dying declaration:—
a. Khushal Rao v. Bombay
b. Moti Singh v. U.P.
c. R. v. Jenkins
d. Deep Chand v. Rajasthan
73. 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.
74. 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
75. 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.
76. In which one of the following cases was the constitutional validity of Section 27 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.
77. 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.
78. Assertion (A): Extra-judicial confession, if voluntary, can be relied upon with other evidence.
Reason (R): Extra-judicial confession is a weak piece of evidence. 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
79. 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.
80. The case of Kashmira Singh v. State of Madhya Pradesh relates to—
a. Dying declaration
b. Privileged communication
c. Confession to police officer
d. Confession of a co-accused
81. Necessity rule as to admissibility of evidence is applicable when the maker of a statement
a. is dead or has become incapable of giving evidence
b. is a person who can be found but his attendance can not be procured without unreasonable delay or expenses
c. is a person who cannot be found
d. all of the above
82. '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
83. 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
84. The questions is whether A was ravished? As conduct the fact that without making a complaint she said that she was ravished is:
a. Not relevant
b. Relevant
c. Partly relevant
d. Neither relevant nor irrelevant
85. 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
86. A judicial admission operates as
a. an admission
b. a confession
c. a plea of ignorance
d. a waiver of proof
87. 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
88. 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
89. Consider the following statements:
The proceedings of the Parliament or State Legislatures of India are judicially noticeable facts
1. Rules of the road on land or at sea are not judicially noticeable facts.
2. Criminal law in force in India is judicially noticeable fact.
3. 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
90. 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
91. 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)
92. 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
93. Facts judicially noticeable:
a. may be proved
b. need not be proved
c. need to be proved
d. need to be proved
94. The court cannot take the judicial notice of which fact?
a. Any news items published in the newspaper
b. The existence of titles recognized by the Government of India
c. The territories under the dominant of the Government of India
d. The rule of the road and land or at sea.
95. 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
96. Which facts under the BSA need not be proved?
a. Those which are deemed to have been admitted
b. Those which are judicially noticeable
c. Those which are actually admitted
d. All of the above
97. Facts of which judicial notice has to be taken by the Court are stated under which of following Sections of the BSA?
a. Section 51
b. Section 52
c. Section 53
d. Section 50
98. Under section 52 of the BSA, the court is not bound to take judicial notice of which of the following facts;
a. The existence of every state recognized by the Government of India
b. The title of every state recognized by the Government of India
c. The national flag of every state recognized by the Government of India
d. The national emblem of every state recognized by the Government of India
99. The facts of which the court must take judicial notice include the
a. Gazette Holidays observed by the Government of India.
b. rules of road.
c. Neither (a) nor (b)
d. Both (a) and (b)
100. The fact of which the Court will judicial notice under BSA
a. need to be proved
b. is optional to be proved
c. need not to be proved
d. is better to be proved
101. 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
102. 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
103. Under the BSA ,facts of which the court will take judicial notice
a. may be proved
b. must be proved
c. need not be proved
d. none of these
104. 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.
105. Section 53 of the BSA deals
a. with
b. formal admissions
c. evidentiary admissions
d. formal as well as evidentiary admissions
106. Which one of the following Sections i of the BSA says "facts admitted need not be proved"?
a. Section 18
b. Section 21
c. Section 55
d. Section 53
107. Which of the following facts need not to be proved?
a. The facts which are covered under the Doctrine of Res gestae.
b. The facts which are written in the police statement.
c. The facts which are admitted.
d. None of the above
108. Under BSA , which of the following facts need not be proved?
a. All laws in force in India
b. All public Acts
c. Proceedings of Parliament and Legislative Assemblies of India
d. All of them
109. 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
110. Which of the following need to be proved?
a. All laws in force in the territory of India
b. Loan Records of Banks
c. All public acts passed by the Parliament of the United Kingdom
d. Articles of war for the Indian Army
111. 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
112. 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
113. Which one of the following statements is correct?
a. A, who has taken vow of silence gives evidence in writing in an open court. His evidence shall be deemed to be
b. documentary evidence
c. circumstantial evidence
d. oral evidence
114. 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
115. 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
116. 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 both in trial and investigation
117. 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
118. 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
119. Oral evidence under Section 55 of BSA may be
a. direct only
b. hearsay
c. both (a) & (b)
d. either (a) or (b)
120. A, who is unable to speak by birth, gives his testimony by writing in open Court. Evidence so given is treated under the BSA as
a. documentary evidence
b. oral evidence
c. primary evidence
d. All of the above
121. A witness unable to speak, if gives his statement in writing before the Court, then such evidence shall be deemed to be:
a. Oral evidence
b. Documentary evidence
c. Hearsay evidence
d. Primary evidence
122. Evidence given by a witness, who is dumb, in writing is deemed as
a. Documentary evidence
b. Irrelevant evidence
c. Oral evidence
d. Partially documentary evidence
123. A person who has taken solemn promise of silence gives evidence in writing in the open court. His evidence shall be deemed to be:
a. Oral evidence
b. Documentary evidence
c. Secondary evidence
d. None of the above
124. Whether the contents of documents or electronic records, can be proved by oral evidence?
a. Yes
b. No
c. At the discretion of the court
d. When the witness is an expert witness
125. Which one among the following statements according to the BSA is correct?
a. All facts can be proved by oral evidence
b. All facts except the contents of documents can be proved by oral evidence
c. All facts except the contents of documents or electronic records may be proved by oral evidence
d. All contents of documents can be proved by oral evidence
126. Oral evidence, under Section 55 of the BSA 2 must in all cases be
a. indirect
b. circumstantial
c. direct
d. may be presumed by Court
127. A, who is unable to speak, gives evidence in writing in an open court. Evidence so given by A shall be considered.
a. Documentary evidence
b. Circumstantial evidence
c. Oral evidence
d. Secondary evidence
128. A witness who is unable to speak gives his evidence in writing in the open court, evidence so given shall be deemed to be—
a. Documentary evidence
b. Primary evidence
c. Secondary evidence
d. Oral evidence
129. Oral evidence must be
a. Direct
b. Indirect
c. Circumstantial
d. All of the above
130. Which of the following section of BSA recognize the principle that "Hearsay evidence is no evidence"?
a. Section 55
b. Section 57
c. Section 54
d. Section 52
131. A deaf-mute's evidence made by writing in open court, shall be deemed to be:
a. documentary evidence
b. hearsay evidence
c. oral evidence
d. primary evidence
132. An evidence given by a dumb witness in an open court is
a. a documentary evidence
b. an oral evidence
c. inadmissible
d. deemed to be no evidence
133. Evidence given by a dumb witness in the court by writing or signs shall be deemed to be:
a. documentary evidence
b. oral evidence
c. neither oral nor documentary evidence
d. none of the above
134. 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
135. 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 6 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
136. 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.
137. 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
138. 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
139. Which one among the following statements according to the BSA is correct?
a. All facts can be proved by oral evidence
b. All facts except the contents of documents can be proved by oral evidence
c. All facts except the contents of documents or electronic records may be proved by oral evidence
d. All contents of documents can be proved by oral evidence
140. 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
141. Which is not the main principle that underlies the law of evidence?
a. Evidence must be confined to the matter-in-issue
b. Hearsay evidence must not be admitted
c. Hearsay evidence must be admitted
d. The best evidence must be given in all cases
142. Under the law is evidence, the term 'hearsay is used with reference to what is:
a. done
b. written
c. spoken
d. all of these
143. 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
144. 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
145. The details of an incidence printed in a Newspaper are categorized as:—
a. Documentary evidence
b. Indirect evidence
c. Hearsay evidence
d. Relevant evidence
146. 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
147. 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
148. 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
149. 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
150. 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