BSA Questions Paper VII

BSA Questions Paper VII

1. A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title.

a. A must not be allowed to prove his want of title.

b. A must be allowed to prove his want of title.

c. The court will decide.

d. None of the above.

 

2. What is estoppel?

a. Prohibition from proving certain facts

b. Prohibition from claiming property

c. To stop a person

d. None of the above

 

3. Estoppel

a. Is a cause of action in itself

b. Creates a cause of action

c. Both (a) & (b) are correct

d. Neither (a) nor (b) is correct

 

4. Which of the following does not figure in section 121 while dealing with applying the principle of Estoppel;

a. Conduct

b. Act

c. Omission

d. Declaration

 

5. Which Section of the BSA,  is founded upon the doctrine laid down in "Pickard v. Sears'?

a. Section 4

b. Section 32

c. Section 121

d. Section 167

 

6. Estoppel can be by:

a. attestation

b. recital in deed

c. standing by

d. all of these

 

7. Section 121 of the BSA deals with

a. estoppel

b. estoppel of tenant

c. estoppel of acceptor of bill of exchange, bailee or licensee

d. evidence as to affairs of state

 

8. The principle which preclude a person from denying some statement previously made by him is known as

a. Admission

b. Confession

c. Res sub judice

d. Estoppel

 

9. 'Estoppel' has been defined under

a. Section 121

b. Section 114

c. Section 117

d. Section 130

 

10. The doctrine of estoppel means:

a. Not to make statement in consonance to the earlier statement

b. Restriction to make statement contrary to the earlier statement/ admission

c. Res judicata

d. Vague statement

 

11. Which one of the following under BSA is not a kind of estoppel?

a. Estoppel by will

b. Estoppel by deed

c. Estoppel by conduct

d. Estoppel by record

 

12. Which of the following statement is incorrect in the context of "Estoppel" as dealt in Section 121 of  BSA:

a. There must be a representation by a person to another

b. The representation must be in writing

c. The other person must have acted upon such representation taking it as true

d. The other person should have suffered some prejudice, detriment or disadvantage by acting upon or by reason of such representation.

e. None of these

 

13. The provision relating to estoppel is contained in the BSA in—

a. Section 121

b. Section 117

c. Section 118

d. Section 114

 

14. Which of the following statements is correct?

a. Section 121 of the BSA applies to contracts by infants

b. Pardanashin ladies are exempt from estoppel

c. A representation made by an agent is effectual for the purpose of estoppel as if it had been made by his principal

d. An admission by an advocate even if it is erroneous in law is binding on his client

 

15. The case of Sarat Chander Dey v. Gopal Chander Laha, (1891) 19 LA 203 is related to which of the following section of BSA?

a. Section 4

b. Section 121

c. Section 124

d. Section 45

 

16. The principle of estoppel is given under which of the following Sections of the BSA?

a. Section 121

b. Section 114

c. Section 120

d. None of the above

 

17. Rule of estoppel is contained in Section  of the BSA..

a. 112

b. 121

c. 118        

d. 120

 

18. Section 122 of the BSA is applicable to:

a. movable Property

b. immovable Property

c. intellectual Property

d. All of the above ,

 

19. Under which section of BSA, a tenant of immovable property is estopped from denying a title of the landlord to that property?

a. Section 121

b. Section 122

c. Section 117

d. None of the above

 

20. Which of the following statements is correct:

a. Estoppel is not a rule of evidence

b. Estoppel from record constitutes bar of res-judicata

c. There can be estoppel on a point of  law

d. There cannot be estoppel when the truth of the matter's is known to both parties

 

21. ‘ Mark the correct statement—

a. The doctrine of estoppel is applied only in civil matters

b. The doctrine of estoppel is applied only in criminal matters

c. The doctrine of estoppel is applied in civil and criminal matters

d. All the above statements are wrong

 

22. Estoppel is:

a. rule of evidence

b. used as defense

c. rule of equity

d. all the above

 

23. An accomplice is a person

a. who participates in the commission of crime with the charged accused

b. who is a prefunded confederate

c. who is an informer

d. all the above

 

24. The doctrine of estoppel is a

a. substantive law

b. rule of equity

c. rule of evidence

d. law of pleadings

 

25. Which one of the following is not a case on Estoppel?

a. Palvinder Kaur v. State of Punjab

b. Pickard v. Seers

c. Sri Krishna v. Kurukshetra University

d. Sarat Chand Dev v. Gopal Chand Laha

 

26. Estoppel can be:

a. by silence

b. by negligence

c. by election

d. all the above

 

27. 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

 

28. 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

 

29. 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

 

30. 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

 

31. Which case relates to estoppel?

a. Mohiribibi v. Dharam Das Ghoush

b. Hadley v. Bexandale

c. Pickard v. Sears

d. Lalman Shuklu v. Gauri Dutt

 

32. The doctrine of Estoppel is applied.

a. only in civil matters.

b. only in criminal matters.

c. both in civil and criminal matters

d. only when there is violation of the principle of natural justice.

 

33. Admission are not conclusive proof of the matters admitted but they may operate as

a. formal proof

b. estoppel

c. concession

d. waiver of proof

 

34. Rule of promissory estoppel is embodied in

a. Civil Procedure Code

b. Constitution of India

c. BSA

d. Indian Contract Act

 

35. The Doctrine of Holding out is an application of the principle of:

a. Agency

b. Estoppel

c. Vicarious liability

d. Privity of contract

 

36. 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

 

37. Under Section 124 who amongst the following are competent witnesses:

a. Child

b. Accused

c. Lunatic

d. All the above

 

38. Who amongst the following is not a competent witness?

a. A child

b. An idiot person

c. A lunatic person

d. A dumb person

 

39. 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 120

 

40. 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

 

41. 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

 

42. 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

 

43. Dumb witness may give his evidence by writing or signs in open court such evidence shall be deemed to be:

a. Written Evidence

b. Oral Evidence

c. Not admissible in evidence

d. In depends on the discretion of the court to accept it is or not

 

44. 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

 

45. 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. Primary evidence

b. Secondary evidence

c. Documentary evidence

d. Oral evidence

 

46. 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

 

47. Under which of the following Sections of the BSA, the evidence of a dumb witness is taken into consideration?

a. Section 122

b. Section 120

c. Section 118

d. Section 125

 

48. Which one of the following statements is incorrect regarding dumb witnesses?

a. Dumb witness may give evidence in any manner which can make it intelligible

b. Dumb witness may give his evidence by writing in open court

c. Dumb witness may give his evidence by signs in open court

d. Evidence given by a dumb witness in writing before the court shall be deemed to be documentary evidence

 

49. Under BSA, the evidence given by a dumb witness will be regarded as

a. written evidence

b. documentary evidence

c. oral evidence

d. all the above

 

50. 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

 

51. 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

 

52. 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

 

53. 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

 

54. '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

 

55. '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

 

56. 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

 

57. 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

 

58. 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

 

59. 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

 

60. Under section 128 of the BSA,  privilege is available to

a. professionals

b. magistrates

c. wife and husband

d. judges

 

61. 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

 

62. 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

 

63. 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

 

64. Under Section 128 of the BSA, immunity of privileged communications is available to

a. Professionals

b. Magistrates

c. Judges

d. Husband and wife.

 

65. 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

 

66. 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

 

67. 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

 

68. 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

 

69. Which one of the following Sections of the BSA deals with evidence as to affairs of State?

a. Section 129

b. Section 121

c. Section 120

d. Section 122

 

70. 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)

 

71. 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

 

72. 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

 

73. 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

 

74. "Nothing in Section 21 of the BSA shall be taken to exempt any barrister, pleader, attorney or vakil 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

 

75. Consider the following statements:

1. 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

 

76. 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"

 

77. 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

 

78. The provisions of section 132 of the BSA dealing with confidentiality of professional communication shall apply to;

a. Clerks of barristers

b. Servants of pleaders

c. Interpreters of barristers

d. All of the above

 

79. 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

 

80. 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

c. without the consent of the client if made in furtherance of any illegal purpose

d. 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

 

81. 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

 

82. '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

 

83. A, a client, says to B, an advocate: "I wish to obtain possession of property by use of a forged deed on which I request you to sue."

a. This communication is protected from disclosure.

b. This communication is not protected from disclosure.

c. Depends.

d. None of these.

 

84. 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

 

85. 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

 

86. 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

 

87. 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)

 

88. An accomplice is a competent witness:

a. Under Section 124 of the BSA

b. Under Section 125 of the BSA

c. Under Section 132 of the BSA

d. Under Section 138 of the BSA

 

89. "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

 

90. Which of the following Sections of the BSA relates to accomplice?

a. Section 30

b. Section 138

c. Section 134

d. Section 29

 

91. 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

 

92. 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

 

93. Husband and wife both are competent witness for and against each other:

a. in civil proceedings

b. in criminal proceedings

c. in both civil and criminal proceedings

d. neither in civil nor in criminal proceedings

 

94. 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

 

95. "An accomplice is a competent witness against an accused" is provided in which of the following Section of BSA?

a. Section 130

b. Section 131

c. Section 132

d. Section 138

 

96. 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

 

97. What is provision about an 'Accomplice'?

a. He is not a competent witness

b. His evidence is irrelevant

c. His evidence should be believed blindly

d. His evidence is relevant under Section 119 and 138 of BSA

 

98. Which of the following statements is/ are not true?

(1) 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

 

99. Who amongst the following is an accomplice?

a. A prostitute

b. A raped girl

c. A spy

d. A person giving bribe under coercion

 

100. Which section of the BSA deals with accomplice?

a. Section 32

b. Section 135

c. Section 138

d. Section 141

 

101. Who amongst the following is not an accomplice?

a. A bribe giver

b. A detective

c. A prostitute

d. A person receiving stolen property

 

102. 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

 

103. Evidence of an accomplice is relevant

a. Under Section 138

b. Under Section 124

c. Under Section 134

d. Under Section 167

 

104. Dagdu v. State of Maharashtra is related with

a. Accomplice

b. Burden of proof

c. Res-gestae

d. Hostile witness

 

105. Who among the following is not an accomplice?

a. Trap witness

b. A raped girl

c. An eye witness to a murder

d. All the above

 

106. An accomplice is a competent witness under

a. Section 124 of the BSA

b. Section 125 of the BSA

c. Section 138 of the BSA

d. Section 132 of BSA

 

107. Which of the following statements is incorrect about accomplice?

a. Court may tender pardon to accomplice under the Section 337 of BNSS.

b. Court may tender pardon only in those offences which are punishable up to 7 years of imprisonment

c. It is necessary for the court to record its reason in every case of pardon

d. The object of pardoning is to obtain evidence from the accused

 

108. 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. need not be corroborated, but corroboration is required as a rule of guidance

 

109. In a trial of Murder, Rape and Dacoity No. of witnesses required 10, 8 and 6 respectively:

a. Right

b. Wrong it require 12, 10 and 8 witnesses respectively

c. Judge directs how much witnesses to be adduced

d. No particular number of witnesses is required

 

110. 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

 

111. Under BSA what number of witnesses will be required for the proof of any fact?

a. No Particular number

b. At least one eye witness

c. Two witnesses

d. Party and one Eyewitness

 

112. What is the number of witnesses required for the proof of any fact in any case?

a. One

b. Two

c. Three

d. No particular number

 

113. Section 139 of the BSA provides a set number of witnesses in a case as a requirement of proof

a. none

b. one

c. minimum two

d. two alone

 

114. How many witnesses are necessary for the proof of any fact?

a. Two

b. Four

c. Three

d. No particular number is fixed

 

115. Who amongst the following is an accomplice?

a. A spy

b. A person giving bribe under coercion

c. A raped girl (Prosecutrix)

d. A prostitute

 

116. Which of the following is not correctly matched?

a. Matrimonial communication       Section 128

b. Official communication               Section 130

c. Professional communication      Section 132

d. Confidential communication       Section 127

with legal advisers

117. What is not true about the mode of proof for a will?

a. One attesting witness at least to be examined

b. Not necessary to call any attesting witness if will has been registered

c. Not proof required if it is admitted by an heir of the executant

d. Where attesting witness not found handwriting of attesting witness and signature of executant must be proved

 

118. 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

 

119. What number of witnesses will be required for the proof of any fact?

a. No particular number

b. At least one eye witness

c. Two witnesses with regard to documents

d. One party and one witness

 

120. A dumb person is a competent witness as provided under

a. Section 124 of the BSA

b. Section 125 of the BSA

c. Section 120 of the BSA

d. Section 121 of the BSA

 

121. A witness who is unable to speak is called as

a. deaf witness

b. dumb witness

c. hostile witness

d. unreliable witness

 

122. Which one of the following is not privileged communication?

a. Matrimonial communication

b. Paternal communication

c. Professional communication

d. Official communication

 

123. Evidence given by dumb witness according to section 125, shall be treated to be

a. Oral Evidence

b. Documentary Evidence

c. Hearsay Evidence

d. Circumstantial Evidence

 

124. 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

 

125. 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

 

126. 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

 

127. 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

 

128. Which of the following statements is/are not true?

(1) 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

 

129. Under Section 124 of BSA, who amongst the following is not competent witness?

a. Child

b. Accused

c. Lunatic who is unable to understand the nature and consequences of the act

d. All of these

 

130. On whom does the burden of proof lie?

a. On prosecution

b. On accused

c. On both

d. On the discretion of the court

 

131. 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

 

132. 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

 

133. Under which Section of the BSA admissibility of Evidence shall be decided by the Judge?

a. Section 142

b. Section 141

c. Section 138

d. Section 140

 

134. Under which of the following Sections of the BSA, the judge determines as to admissibility of fact?

a. Section 54

b. Section 148

c. Section 141

d. Section 23

 

135. Under which Section of the BSA, admissibility of evidence shall be decided by the Judge?

a. Section 140

b. Section 141

c. Section 138

d. Section 144

 

136. 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

 

137. 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)

 

138. 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)

 

139. 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)

 

140. 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

 

141. 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

 

142. 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

 

143. 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

 

144. 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)

 

145. Leading questions can be asked during

a. examination-in-chief

b. cross-examination

c. re-examination

d. all of the above

146. To an answer to a court question, the adverse party

a. has a right to cross-examination as a matter of right

b. has a right to cross-examine only with the permission of the court

c. has no right to cross-examine the witness

d. either (a) or (c)

 

147. 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.

 

148. Re-examination of a witness

a. Can be for the purposes of filling what is left-over in examination-in- chief

b. Can be for the purposes of explaining the matters referred to in cross examination.

c. Can be for the purposes of explaining the matters referred to in the examination-in-chief.

d. All the above

 

149. Right to cross-examination of a witness has:

a. The party who calls him

b. Adverse Party

c. Court

d. None of these three

 

150. A leading question, without the permission of the Court, may be asked in:

a. Examination-in-chief

b. At any stage

c. Cross-examination

d. None of these