BSA MCQs Set-1

5. Under Section 1 of Bhartiya Sakshya Adhiniyam, the proceedings which are specifically excluded from the operation of Bhartiya Sakshya Adhiniyam:

a. Proceedings before Industrial Tribunals

b. Proceedings before Arbitrators

c. Proceedings before Administrative Tribunals

d. None of the above

6. 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

7. What is oral evidence?

a. Statements made before court.

b. Direct evidence.

c. Deposition before court, only after police had recorded the statement.

d. None of the above.

8. Which of the following statements, as per provisions of the Bhartiya Sakshya Adhiniyam, 2023 is not correct?

a. Facts which are inconsistent with any fact in issue, shall not be relevant

b. Facts not otherwise relevant are relevant if by themselves or in connection with other facts, they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable

c. Any fact is relevant, which shows or constitutes a motive or preparation for any fact in issue or relevant fact

d. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions of the BSA

9. An inscription on a metal plate or stone is a document:

a. Wrong

b. Right

c. Documents always on paper only

d. There are only archaeological things

10. 'Document' produced for the inspection of the court includes—

1. A written document

2. A caricature

3. An electronic record

4. An inscription on stone.

Select the correct answer using the codes given below—

Codes:

a. 1 and 4

b. 1, 2 and 4

c. 1, 2, 3 and 4

d. 1, 2 and 3

11. That there are certain objects arranged in a certain order in a certain place—

a. Is a fact

b. Is an opinion

c. Is a document

d. Is a motive

12. An inscription on a metal plate or stone —

a. Is a fact

b. Is a document

c. Is an opinion

d. Is a motive

13. In relation to the expressions defined in Section 2 of the Bhartiya Sakshya Adhiniyam, which of the following statement is not correct:

a. Fact includes not only physical facts but also psychological facts

b. Courts includes arbitrators

c. An inscription on a stone is a document

d. A fact is said to be not proved when it is neither proved nor disproved

14. Which one of the following is not included in the expression 'Court' under the Bhartiya Sakshya Adhiniyam

a. All judges

b. All persons legally authorized to take evidence

c. All Magistrates

d. arbitrators

15. The documents are:

a. caricature

b. words printed, lithographed or photographed

c. a map and an inscription on a stone

d. all the above

16. A fact is said to be "not proved":

a. When it is disproved

b. When, after considering the matters before it, the court believes that it does not exist

c. When a prudent man considers that the fact does not exist

d. When it is neither proved nor disproved

17. In relation to the Bhartiya Sakshya Adhiniyam, 2023 which of the following statements is not correct?

a. Court includes arbitrators

b. An inscription on a metal-plate is a document

c. A fact is said to be not proved when it is neither proved nor disproved

d. The state of a person's health is a fact

18. Which one of the following does not fall within the meaning of the term 'Court' used under Bhartiya Sakshya Adhiniyam, 2023?

a. Revenue Tribunal

b. Industrial Tribunal

c. Registrar's Court

d. Enquiry Commission, Legal Advisor and Excise Officer

19. Facts under the Bhartiya Sakshya Adhiniyam, means:

a. anything capable of being perceived by the senses only

b. anything not being capable of being perceived by the senses only

c. only any mental condition of which any person is conscious

d. anything capable of being perceived by the senses and any mental condition of which any person is conscious

20. Which one of the following terms has not been defined by Bhartiya Sakshya Adhiniyam under Section 2?

a. Court

b. Document

c. Evidence

d. Confession

21. Whether a weapon is a deadly weapon is a question of:

a. Law

b. Fact

c. Opinion of the expert witness

d. Opinion of the judge

22. Facts can be:

a. physical facts

b. psychological facts

c. physical as well as psychological facts

d. only physical facts and not psychological facts

23. Electronics records produced before ' the court are:

a. oral evidence

b. documentary evidence

c. ordinary evidence

d. technical evidence

24. Under the Bhartiya Sakshya Adhiniyam, the evidence may be given in all cases about:

a. facts in issue only

b. relevant facts only

c. facts in issue and relevant facts only

d. none of the above

25. Which of the following is not a 'fact';

a. Mental condition

b. Relation of things

c. State of things

d. None of the above

26. Which one of the following has not been mentioned in the definition of "Documents" as the means by which any matter is expressed or described upon any substance;

a. Letters

b. Figures

c. Symbols

d. Marks

27. Which one of the following does not come within the meaning of "Document" under Bhartiya Sakshya Adhiniyam?

a. a writing

b. a map

c. a telephonic talk

d. a word photographed

28. Under Bhartiya Sakshya Adhiniyam, fact means

a. factum probandum

b. factum probans

c. both (a) and (b)

d. none of the above

29. Fact in issue means the fact, existence or non-existence of which is:

a. admitted by the parties

b. disputed by the parties

c. non-disputed by the parties

d. none of the above

30. A fact is said to be proved

a. if it is admitted

b. if it is incorporated in a document

c. if it is not denied

d. if its existence is so probable that a prudent man would accept it as existing

31. Evidence means and includes

a. statements before police

b. statements in pleadings

c. statements of witness required to be made before the Court

d. all of the above

32. Facts alleged by one party and denied by the other in a case are termed as

a. positive facts

b. negative facts

c. relevant facts

d. facts in issue

33. 'Proof' is the result of

a. Inquiry

b. Evidence

c. Investigation

d. Statement

34. The fact sought to be proved is called

a. Factum probans

b. Factum probandum

c. Lex Fori

d. Lex Loci

35. The affidavit given to the Court is

a. not an evidence

b. an evidence

c. merely a written statement

d. a proof

36. Which of the following is required to be proved essentially?

a. Judicial notice

b. Admitted fact

c. Confession

d. Relevant fact

37. In Bhartiya Sakshya Adhiniyam, the expression "Court" means:

a. All Judges

b. All Magistrates

c. All persons except Arbitrators, legally authorized to take evidence

d. All the above

38. The term "Court", as defined in Bhartiya Sakshya Adhiniyam, 2023 does not include

a. Presiding officer of a Labour Court

b. Tahsildar

c. Arbitrator

d. Commissioner appointed by a Civil Court

39. Which of the following qualities to be treated as "Fact" within the meaning assigned to it under Bhartiya Sakshya Adhiniyam?

a. That a man heard or saw something

b. That a man holds a certain opinion

c. That a man acts in good faith

d. All of these

40. A is accused of the murder of B. At his trial, which of the following will not be a fact in issue?

a. That A intended to cause B's death

b. That A had received grave and sudden provocation from B

c. That A caused B's death by beating B with a club

d. That A had gone to field with a club

41. The 'fact in issue' means

a. fact, the existence or non-existence of which is admitted by the parties

b. fact, the existence or non-existence of Which is disputed by the parties

c. fact, the existence or non-existence of which is not disputed by the parties

d. All of the above

42. When one fact is declared by Bhartiya Sakshya Adhiniyam, Act to be conclusive proof of another, the court, on proof of one fact:

a. Shall not allow evidence to be given for the purpose of disproving it

b. May allow evidence to be given for the purpose of disproving it

c. Both (a) and (b)

d. None of the above

43. 'Evidence' under Bhartiya Sakshya Adhiniyam means:

a. Oral evidence based on documents only

b. Documentary evidence

c. Oral evidence

d. Both Oral and documentary evidence

44. Whenever it is directed by Bhartiya Sakshya Adhiniyam, 2023 that the court shall presume a fact, it shall regard such fact as: —

a. proved, unless and until it is disproved

b. proved, unless and until it is disproved or may call for proof of it

c. proved

d. proved and shall not allow evidence to be given for the purpose of disproving it

45. Under Bhartiya Sakshya Adhiniyam, 2023 what is not evidence in the following?

a. Personal knowledge or observation of a judge about the case during hearing

b. Statement of a dumb witness

c. Documents produced for the inspection of the court

d. Electronic C.D.

46. Making the fact in issue is: —

a. it is the duty of parties

b. it is the duty of advocates of parties

c. it is the duty of court

d. it is duty of Government Council

47. Which one of the following is a 'fact'?

a. Sohan saw a cow

b. Mohan said Sohan to go

c. Sheetal has a high reputation

d. All of these

48. Bhartiya Sakshya Adhiniyam applies to: —

a. Civil proceedings only

b. Criminal proceedings only

c. Both the civil and criminal Proceedings

d. None of the above

49. A reputation of a person is: —

a. a fact

b. a subject

c. an opinion

d. an evidence

50. A witness described in detail the articles decorated in the room while giving statement before the court. This is a: —

a. fact

b. opinion

c. document

d. cause

51. Under Bhartiya Sakshya Adhiniyam, the relevant fact-

a. must be logically relevant

b. must be legally relevant

c. must be legally and logically relevant

d. must be legally and logically relevant and admissible

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

a. A cheque upon a banker is a document

b. A power-of-Attorney is a document

c. A writing containing directions or instructions is a document

d. A map or plan, which is intended not to be used as evidence, is a document

53. Whenever it is provided in Bhartiya Sakshya Adhiniyam, that the Court may presume a fact

a. may call for proof of that fact

b. the court is bound to regard that fact as proved

c. the parties can presume that fact as proved

d. that fact is conclusive proof

54. A fact is conclusive proof of another fact. If that fact is proved then:

a. the court can call upon a party to prove another fact.

b. the court can allow opposite party to adduce the evidence to disprove another fact

c. both (a) and (b)

d. the court shall regard another fact as proved

55. What is 'Shall Presume' in regard to a fact?

a. Final proof

b. Court may presume that the fact is proved

c. Court shall presume the fact as proved unless it is disproved

d. None of the above

56. Under The Bhartiya Sakshya Adhiniyam, a court has no discretion regarding proof a fact in context of:

a. 'May presume'

b. 'Shall presume'

c. 'Conclusive proof'

d. 'Judicial Notice'

57. Bhartiya Sakshya Adhiniyam is a:

a. A substantive law

b. A procedural law

c. A penal law

d. Both (a) and (c)

58. In a case of murder by A of B which facts are relevant

a. that A left immediately the place of crime before police reached

b. that A told his friends about taking revenge for his father's death

c. That A was seen fleeing with a knife immediately after murder of B

d. All of the above

59. Which one of the following statements is not true? According to Section 3 of Bhartiya Sakshya Adhiniyam, evidence may be given in any suit or proceedings of the

a. existence of every fact in issue

b. non-existence of every fact in issue

c. those facts declared relevant under the various provisions of Bhartiya Sakshya Adhiniyam

d. those facts which the parties think are relevant

60. Only such facts are made relevant by the Bhartiya sakshya adhiniyam as are encompassed by:

a. Section 3 to Section 50 of Bhartiya Sakshya Adhiniyam

b. Section 3 to Section 26 of Bhartiya Sakshya Adhiniyam

c. All the Sections of Bhartiya Sakshya Adhiniyam

d. Only such facts which can be proved as per Section 54 and Section 55 of Bhartiya Sakshya Adhiniyam

61. 'A' tried for the murder of 'B' by beating with a club with the intention of causing his death. At 'A's' trial which one of the following is not fact in issue?

a. 'A's' beating 'B' with the club.

b. 'A's' conversation with 'C'.

c. 'A's' causing 'B's' death with the club.

d. 'A's' intention to cause 'B's' death.

62. Which one of the following sections of Bhartiya Sakshya Adhiniyam, 2023 provides that evidence may be given of facts in issue and relevant facts?

a. Section 2

b. Section 4

c. Section 3

d. Section 6

63. The case of Sawal Das v. State of Bihar is related to—

a. Plea of Alibi

b. Rule of Res-gestae

c. Rule of Estoppel

d. Rule of Res-judicata

64. 'A' is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and goals are broken open. 'A' is not present at all of them yet the occurrence of these facts is relevant because—

a. They constitute a motive for relevant fact

b. They show preparation for relevant facts

c. They are effect of relevant facts

d. They form part of the general transaction

65. A wife had only seen a speeding vehicle, which had crushed the husband at a little distance. She had not seen the accident herself. The husband died of heart attack a day later. Can wife's evidence be taken of what the injured husband said to her after the accident?

a. Yes, it being a dying declaration

b. No, it is merely a hearsay evidence

c. No, because it is a privileged communication

d. Yes, it being a part of res-gestae

66. A is accused of the murder of B by beating him. What is not admissible as evidence?

a. Whatever was said by A or B or by standers at the time of beating

b. A has intention for murder of B

c. Marks on the ground of struggle between A and B

d. A is a man of bad character

67. Which one of the following statements is correct? A struck B on the neck with a knife and this was seen by C who exclaimed, "A is killing B". C's exclamation is

a. relevant because it was spontaneous

b. relevant because it forms part of the transaction

c. relevant because it is relatable to the transaction

d. relevant because it is a fact in issue

68. Under which one of the following sections of Bhartiya Sakshya Adhiniyam, the doctrine of 'Res gestae' has been dealt with

a. Section 5

b. Section 4

c. Section 7

d. None of the above

69. Facts forming part of the same Transaction are known as

a. Plea of Alibi

b. Dying Declaration

c. Admission

d. Res Gestae

70. The criteria for 'res gestae’:

a. proximity of time and place

b. community of purpose

c. continuity of action

d. all of the above

71. The term res gestae is equivalent to facts mentioned in Section 4 of Bhartiya Sakshya Adhiniyam. It implies:

a. Things done in the course of a transaction

b. Fact in issue and surrounding circumstances

c. Acts talking for themselves

d. All of the above

72. Under which one of the following provisions of Bhartiya Sakshya Adhiniyam the words "forming part of the same transaction" occurs?

a. Section 5

b. Section 4

c. Section 11

d. Section 12

73. Under Bhartiya Sakshya Adhiniyam the Rule of "Res gestae" is applicable in

a. Civil cases only

b. Criminal cases only

c. Civil as well as Criminal cases

d. Not applicable in any case

74. Facts, which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, whether they occurred at the same time and place or at different times and places:

a. are irrelevant

b. are relevant

c. are partly relevant

d. none of the above

75. The question is, whether 'A' committed a crime at Kolkata on a certain day. The fact that, on that day 'A' was at Chennai is relevant—

a. As a motive for fact in issue

b. As introductory to fact in issue

c. As preparation pf relevant fact

d. As it makes the existence of fact issue highly improbable

76. The English doctrine of Res Gestae?

a. has no place in India

b. has place in India

c. has place in India and has been incorporated under Section 4 of Bhartiya Sakshya Adhiniyam, 2023

d. has been incorporated under Section 7 of Bhartiya Sakshya Adhiniyam, 2023

77. Bhartiya Sakshya Adhiniyam—‘Res gestae' is an exception to the…..

a. Hearsay Rule

b. Relevancy Rule

c. Circumstantial evidence

d. None of the above

78. 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.

79. Which one of the following statements is correct?

In a trial of 'A' for the murder of 'B', marks on the ground produced by a struggle at or near the place of murder is a fact

a. forming part of the same transaction

b. necessary to explain or introduce relevant fact

c. showing existence of state of mind of body

d. as to the Occasion, Cause Of effect of facts in issue

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

a. Inadmissible.

b. Partly admissible.

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

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

81. 'A' is tried for a riot and is proved to have marched as the head of a mob. The effects of the mob are relevant as

a. They are related to things said or done by the conspirators in reference to the common design

b. Explanation of the nature of the transaction

c. Explanatory of motive or preparation'

d. Explanatory of occasion, cause or effects or facts

82. Section 5 of Bhartiya Sakshya Adhiniyam does not include which one of the following?

a. Occasion

b. Cause

c. Purpose

d. Effect

83. 'X' sues 'Y' for damage done by a dog of 'Y', which 'Y' knew to be ferocious. The fact that the dog had previously bitten 'A', 'B' and 'C' are

a. relevant

b. irrelevant

c. inadmissible

d. unreliable

84. The question is whether 'A' murdered 'B' during the course of a struggle Marks on the ground produced by the struggle at the place of occurrence is relevant fact under which of the following sections Of Bhartiya Sakshya Adhiniyam?

a. Section 6

b. Section 5

c. Section 8

d. Section 12

85. The question before the court is whether document 'X' is the Will of ‘A’. Which Of the following is relevant:

a. 'A' had consulted Advocates in reference to making the will.

b. ‘A' had caused drafts of wills to be prepared of which he did not approve.

c. 'A' had made enquiries as to the value of his estate which he has bequeathed.

d. All the above

86. Which of the following statements is not relevant in a case where 'A' is tried for murder: —

a. That 'A' quarreled with dead person three days before the incident.

b. That 'A' has purchased a knife one hour before the incident.

c. That 'A' is a man of good character.

d. That 'A' is a man of bad character

87. The question is, whether A was ravished. The fact that without making a complaint, she said that she had been ravished:

a. Is relevant as conduct

b. Is not relevant as conduct

c. Cannot be relevant as a dying declaration

d. Cannot be relevant as corroborative evidence

88. To what facts of the following the rules of relevancy have been discussed under Section 6 of Bhartiya Sakshya Adhiniyam?

a. Motive

b. Preparation

c. Previous or subsequent conduct

d. All of the above

89. Question is, whether A was robbed. The fact that he said, he had been robbed without making any complaint

a. is relevant showing preparation for relevant facts

b. is relevant showing conduct.

c. is relevant showing effect of relevant facts

d. may be relevant under Section 26 or Section 160 of Bhartiya Sakshya Adhiniyam

90. Which of the following statements is true?

'A' is tried for the murder of 'B'. There is evidence of the fact that 'B' prosecuted ‘A’ for libel and that 'A' was convicted and sentenced. This judgement is

a. conclusive proof of the murder of 'B' by 'A' as it is judgement in rem

b. relevant but not conclusive proof as it relates to matters of a public nature relevant to the inquiry

c. relevant as the existence of such judgement is a fact in issue

d. relevant under Section 6 as showing the motive for the murder of 'B'

91. The question is, whether A owes B Rs. 10,000. The facts that A asked C to lend him money, and D said to C in A's presence and hearing—"I advise you not to trust A, for he owes B Rs. 10,000", and that A went away without making any answer is a:

a. Relevant fact

b. Irrelevant fact

c. Fact in issue

d. None of the above

92. In Section 6 of Bhartiya Sakshya Adhiniyam, which one of the following is made relevant?

a. Occasion, intention and motive

b. Motive, preparation and conduct

c. Motive, conduct and intention

d. Intention, motive and preparation

93. The conduct to be relevant under Section 6 of Bhartiya Sakshya Adhiniyam, it:

a. must be previous

b. must be subsequent

c. may be either previous or subsequent

d. none of the above

94. The question is, whether 'A' was ravished and thereafter murdered?

The fact that, without making a complaint, she said that she had been ravished—

a. Is relevant as a conduct

b. Is relevant as a substantive evidence

c. Is relevant as a secondary evidence

d. May be relevant under Section 26(1) or 160 of Bhartiya Sakshya Adhiniyam

95. ‘A’ is tried for murder of 'B' by administering Potassium Cynide. The fact that A has purchased potassium cynide just before the murder of B is relevant under

a. Section 4

b. Section 6

c. Section 9

d. Section 10

96. Queen Empress v. Abdullah, ILR 7 All 385 is related to which of the following under Section 6 of Bhartiya Sakshya Adhiniyam?

a. Motive

b. Preparation

c. Conduct

d. None of the above

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

a. Not relevant

b. Relevant

c. Partly relevant

d. Neither relevant nor irrelevant

98. Which of the following would not be relevant in evidence under section 6 of Bhartiya Sakshya Adhiniyam?

a. Evidence of the existence of a motive for the crime charged

b. Evidence of a statement which accompanies some conduct

c. Evidence of a statement which influences and affects the conduct of a person whose conduct is; otherwise relevant

d. Evidence of a statement of the act of robbery without making any complaint

99. Provisions relating, to estoppel are given in

a. Part V of Bhartiya Sakshya Adhiniyam

b. part IV of Bhartiya Sakshya Adhiniyam

c. part VIII of Bhartiya Sakshya Adhiniyam

d. part II of Bhartiya Sakshya Adhiniyam

100. 'A' sues 'B' for a libel imputing disgraceful conduct to ‘A’. 'B' affirms that the matter alleged to: be libelous is true. The position and relations of the parties at the time when- the libel was published' may be relevant

a. As constituting: a motive for fact in issue

b. As conduct influenced by fact in issue

c. As introductory to facts in issue

d. As preparation for fact in issue

101. Identification parade is relevant under

a. Section 8 of Bhartiya Sakshya Adhiniyam

b. Section 7 Of Bhartiya Sakshya Adhiniyam

c. Section 10 of Bhartiya Sakshya Adhiniyam

d. Section 11 of Bhartiya Sakshya Adhiniyam

102. Test Identifications Parade' is: —

a. substantive evidence

b. corroborative evidence

c. no evidence

d. hearsay evidence

103. To ensure fairness and accuracy in a Test Identification Parade, the requirement is

a. parading persons of a social Status

b. parading persons of same or similar physical appearance along with the suspect

c. parading be done in presence of all the witnesses simultaneously

d. none of these

104. During investigation by a police officer under directions of the Magistrate on complaint of 'A' alleging criminal misappropriation of his diamond ring by 'B', 'A' produces an invoice evidencing his title to the property. The invoice is found during investigation to be fabricated. On closure report, the Magistrate took cognizance and summoned 'A' to face trial on the charge of fabricating false evidence. The contentions of 'A' are:

a. The document (invoice) was not given in a judicial proceeding.

b. The police officer has not made a complaint.

Here:

a. Both (a) and (b) are correct

b. Only (b) is correct.

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

d. Only (a) is correct.

105. Bhartiya Sakshya Adhiniyam declares that anything said, done or written by any one of the conspirators is relevant to prove conspiracy, if it was in:

a. pursuance of their common intention

b. reference to their common intention

c. prosecution of their common intention

d. redeeming their common intention

106. Which of the following is not correct for relevancy of evidence to prove conspiracy?

a. There must be reasonable ground to believe that two or more persons have entered into a conspiracy

b. The act in question must have been done after the time when the intention to conspire was first entertained by any of them.

c. The act must have been done in reference to their common intention

d. It can also be used in favour of the other party or for the purpose of showing that such a person was not a party to the conspiracy

107. Which of the following Facts is relevant under Section 8 of Bhartiya Sakshya Adhiniyam?

a. Those facts which are introductory in nature

b. Those facts which help to certain identification and article of a person

c. Those facts which depict relation between parties

d. Those facts from which inference of conspiracy can be traced

108. Things said or done by a conspirator in reference to common design is relevant fact under which Section of Bhartiya Sakshya Adhiniyam?

a. Section 11

b. Section 13

c. Section 8

d. Section 12

109. A is accused of waging a war against the government of India by taking part in an armed insurrection in which property is destroyed, troops are attached and jails are broken open. A is not present at all of them yet the occurrence of these facts is relevant because they.

a. constitute a motive for a relevant fact.

b. show preparation for relevant facts

c. are effect of relevant fact

d. form part of a single transaction.

110. Under the BSA, anything said, done or written by a conspirator when the conspiracy is a foot, is relevant against the co-conspirator on the basis of the doctrine of

a. conspiracy

b. shared knowledge

c. agency

d. secrecy

111. 'A' is accused of murder of 'B' by pistol alleged to be purchased on 15th September at Dehradun. A makes a statement that on 15th September he was at Lucknow, not at Dehradun. A's Statement is a relevant fact under:

a. Section 8

b. Section 9(2)

c. Section 10

d. Section 14

112. The question is, whether 'A' committed a crime at Calcutta on a certain day. The fact that, on that day, 'A' was at Lahore is relevant—

a. As a motive for fact in issue

b. As introductory to fact in issue

c. As preparation of relevant fact

d. As it makes the existence of fact in issue highly improbable

113. Facts not otherwise relevant become relevant if they are inconsistent or makes highly probable or improbable any fact-in-issue or a relevant fact

a. Cannot be relevant

b. Relevant U/s 9 of Bhartiya Sakshya Adhiniyam

c. Relevant U/s 8 of Bhartiya Sakshya Adhiniyam

d. Relevant U/s 7 of Bhartiya Sakshya Adhiniyam

114. Which one of the following statements is correct?

The 'alibi' under section 9 of Bhartiya Sakshya Adhiniyam, 2023 is decided on the basis of

a. preponderance of probability

b. preponderance of probability beyond reasonable doubt

c. preponderance of possibility beyond reasonable doubt

d. preponderance of higher probability or improbability as well as beyond reasonable doubt

115. "Facts not otherwise relevant are relevant if they are inconsistent with any fact in issue of relevant fact". Which of the following sections of the BSA contains the aforesaid principle of law?

a. Section 8

b. Section 10

c. Section 9

d. Section 12

116. The question is, whether A committed murder of a person on a particular day at Kolkata, the fact that on that day A Was at Lahore—

a. Is relevant

b. Is irrelevant

c. Is not relevant

d. None of these

117. The plea of 'Alibi' is established by:

a. prosecution

b. accused

c. either by prosecution or by accused

d. none of the above

118. The plea can succeed only if it is shown that the accused was so far away at the relevant time that he could not be present at the place where the crime is committed. The Supreme Court of India, in its observation, was referring to the plea of:

a. innocence

b. abetment

c. alibi

d. self-defense

119. The question is whether the murder of X was committed by Y. The fact that Y produces a admission slip of hospital indicating dislocation of his lip during the period of alleged murder. Which one among the following is the Correct provision of Bhartiya Sakshya Adhiniyam under which it is relevant?

a. Section 6

b. Section 8

c. Section 10

d. Section 9

120. Under Which Section of the Bhartiya Sakshya Adhiniyam the words "facts not otherwise relevant, because relevant" are provided?

a. Section 8

b. Section 9

c. Section 12

d. Section 14

121. The question is, whether 'A' committed a crime at Lucknow on certain day. The fact that, on that day 'A' was at Delhi, is a relevant fact under which Section of Bhartiya Sakshya Adhiniyam, 2023?

a. Section 8

b. Section 10

c. Section 9

d. Section 12

122. Which of the following statements, as per provisions of Bhartiya Sakshya Adhiniyam, 2023, is not correct?

a. Facts which are inconsistent with any fact in issue, shall not be relevant

c. Any fact is relevant, which shows or constitutes a motive or preparation for any fact in issue or relevant fact

d. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions of the BSA

123. The stipulation that facts which enable the court to determine the amount of damages are relevant is incorporated in Section of Bhartiya sakshaya adhiniyam.

a. 10

b. 9

c. 8

d. 11

124. Which Section of Bhartiya Sakshya Adhiniyam lays down rules regarding relevant facts when the right or custom is in question?

a. Section 12

b. Section 11

c. Section 14

d. Section 15

125. The facts showing the existence of any state of mind under Section 12 of Bhartiya Sakshya Adhiniyam relate to: —

a. Intention

b. Knowledge

c. Good faith

d. All of these

126. 'A' is accused of defaming 'B' by publishing an imputation intended to harm the reputation of 'B'. The fact of previous publication by 'A' respecting 'B', showing ill-will on the part of 'A' towards 'B' is relevant—

a. Because it proves the preparation for harming 'A's' reputation

b. As it is necessary to explain fact in issue

c. As proving intention to harm 'B's' reputation

d. As it is the effect of relevant fact

127. A, is accused of receiving stolen goods knowing them to be stolen. The above is the illustration of

a. Section 8 of Bhartiya Sakshya Adhiniyam

b. Section 11 of Bhartiya Sakshya Adhiniyam

c. Section 12 of Bhartiya Sakshya Adhiniyam

d. Section 13 of Bhartiya Sakshya Adhiniyam

128. "When the previous commission by the accused of an offence is relevant, the previous conviction of such person is also a relevant fact." It is laid down in Section of Bhartiya Sakshya Adhiniyam-

a. Section 12, Explanation 1

b. Section 12, Explanation 2

c. Section 15

d. Section 16

129. Under Section 12 of Bhartiya Sakshya Adhiniyam, 2023, which of the following facts becomes relevant, namely

a. facts showing state of mind

b. facts showing state of body

c. facts showing state of bodily feelings

d. All the above

130. Section 12 of Bhartiya Sakshya Adhiniyam makes relevant the facts which show the existence of:

a. any state of body or bodily feeling

b. any state of mind

c. either state of mind or of body or bodily feeling

d. a particular state of mind and a state of body

131. A is tried for the murder of B by intentionally shooting him dead. The fact that A, on other occasions shot at B is relevant as it shows

a. Intention to shoot B

b. Motive to shoot B

c. Preparation to shoot B

d. None of the above

132. Section 23 of Bhartiya Sakshya Adhiniyam applies:

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

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

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

d. only (a) and (b)

133. Admissions:

a. must be in writing

b. must be oral

c. can be either oral or in writing

d. must be oral and in writing both

134. Which of the following statements is correct?

a. Admissions could be oral only

b. Admissions could be documentary only

c. Admissions could be oral or documentary

d. Admissions are conclusive proof of the matters admitted

135. Which one of the following statements is correct?

Admission is acknowledging any right of liability under civil law, made

a. orally before a judicial authority

b. in writing before a notary

c. by conduct and document, as well as orally, but not in electronic form

d. by conduct, orally, or in writing or contained in electronic form

136. Which one of the following sections of the Bhartiya Sakshya Adhiniyam defines admission?

a. Section 16

b. Section 15

c. Section 17

d. Section 18

137. Under the Provisions of the BSA

a. admissions and confessions have the same meaning

b. admissions and confessions have the different meaning

c. admissions are a matter in a criminal trial

d. confessions are a matter in a civil trial

138. 'Admission' according to Bhartiya Sakshya Adhiniyam includes statement made by:

a. expressly referred person.

b. of a party to proceeding authorized to make the statement.

c. person whose liability must be proved.

d. 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

139. Who can make an admission under Bhartiya Sakshya Adhiniyam?

a. Witness to a Proceeding

b. A Party to Proceeding

c. A Third Party

d. The Court

140. Term 'admission' in Bhartiya Sakshya Adhiniyam involves.

a. Consent

b. Agreement

c. Submission

d. None of the above

141. Give the correct answer— "All the admissions are confessions but all the confessions are not admissions."

a. The statement is correct

b. The statement is incorrect

c. The statement is partly correct and partly incorrect

d. All the above statements are incorrect

142. Admission by agents are:

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

b. Admissible in civil proceedings under all circumstances

c. Never admissible in criminal proceedings

d. Both (a) and (c)

143. Admissions bind the maker in so far as it relates to

a. facts

b. question of law

c. both question of facts and of law

d. neither (a) nor (b)

144. Admission is

a. a conclusive proof of the fact stated therein

b. not a conclusive proof but operates only as estoppel

c. a weak piece of evidence

d. an evidence on which the Court can act

145. Admission means

a. statement made before Court

b. statement made in a document

c. statement suggesting inference as to any fact in issue

d. none of the above

146. If an accused voluntarily consents for brain mapping and narco-analysis, then such information is relevant under which Section of Bhartiya Sakshya Adhiniyam?

a. Section 7

b. Section 17

c. Section 23

d. Section 30

147. In BSA confession is defined under

a. Section 19

b. Section 20

c. Section 21

d. None of these

148. What is evidentiary value of admission?

a. Unimportant

b. Conclusive proof

c. As estoppel

d. Binding

149. Which of the following admission is no evidence:

a. an admission by one of the several defendants in a suit against another defendant.

b. an admission by a guardian ad litem against a minor.

c. an admission by one of the partners of a firm against the firm or other partners.

d. only (a) and (b)

150. Admission can be: —

a. formal only

b. informal only

c. either formal or informal

d. none of these

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