BSA Questions Paper III

3. ‘A' and 'B' are jointly tried for the murder of ‘C. It is proved that ‘A’ said, "B and I murdered C" What is the nature of confession against 'B'?

a. Substantive evidence

b. Only corroborate evidence

c. Hearsay evidence

d. None of these

4. A confessional statement made by a co¬ accused may be admissible against the other accused

a. if the offence is committed jointly

b. have committed same offence

c. are being jointly tried for the same offence

d. are being jointly tried

5. Confession of one accused is admissible against co-accused if they are tried

a. jointly for the same offence(s).

b. jointly for different offence(s).

c. for the same offence(s) but not jointly.

d. for different offence(s) and not jointly.

6. Rabindra Kumar Pal® Dora Singh v. Republic of India a famous case coming under Section 24 of Bhartiya Sakshya Adhiniyam is also well known as

a. Graham Stains Murder case -

b. Graham Bells Murder case

c. Graham Street's Murder case

d. Graham Stoits Murder case

7. Admissions:

a. Constitute conclusive proof of the facts admitted

b. May operate as estoppels

c. Do not operate as waiver of proof

d. Are never held substantive evidence of the facts admitted

8. The correct position of Bhartiya Sakshya Adhiniyam is

a. Admissions are conclusive proof

b. Admissions are not conclusive proof of matters admitted

c. Admissions operate as estoppel in all circumstances

d. Admissions are not conclusive proof of matters admitted, but they may operate as estoppel under certain circumstances

9. Admissions

a. Are conclusive proof of the matters admitted

b. Are not conclusive proof of the matters admitted but operate as estoppel

c. Are conclusive proof of the matter and also operate as estoppel

d. None of the above

10. Admissions are not conclusive proof of the matters admitted but they may operate as:

a. res judicata

b. estoppels

c. res gestae

d. all of these

11. Which of the statements is true? Admission of a party

a. is conclusive proof

b. is irrelevant

c. may operate as estoppel

d. has no probative value

12. Admissions are—

a. Conclusive proof

b. May operate as estoppels

c. Always irrelevant

d. None of the above

13. Section 25 of Bhartiya Sakshya Adhiniyam says that admissions are not conclusive proof of the matters admitted, but they may operate as:

a. res judicata

b. res gestae

c. estoppels

d. none of these

14. Admission is a:

a. conclusive proof

b. estoppel

c. not a conclusive proof but may operate as estoppel

d. a form of confession

15. Which one of the following statements is true? Admissions are

a. conclusive proof of the matter admitted

b. not conclusive proof of the matter but may operate as estoppels under certain provisions of the BSA

c. conclusive proof of the matter admitted and always operate as estoppels

d. not conclusive proof of the matter

16. The principle on which a dying declaration is admissible under Bhartiya Sakshya Adhiniyam, 2023, is indicated in the legal maxim.

a. Actori incumbit onus probandi

b. Nemo moriturus proesumitur mentiri

c. Dormiunt leges aliquando, munquam moriuntur

d. Fatetur facinus qui judicium figit

17. A dying declaration

i. cannot form the sole basis of conviction unless corroborated.

ii. is a weak kind of evidence.

iii. stands on same footing as any other piece of evidence.

iv. has to be subjected to a very close scrutiny for reliability.

Select the correct answer using the code given below:

Code:

(a) 1 and 4

(b) 2 and 3

(d) 1 only

18. Dying declaration may be made to a

a. doctor

b. magistrate

c. any other person

d. all of the above

19. A dying declaration:

a. Can form the sole basis of conviction without any corroboration by independent evidence

b. Can from the basis of conviction only on corroboration by independent witness

c. Cannot form the sole basis of conviction under corroborated by independent witness

d. Only (b) and (c) are correct

20. To be admissible, a dying declaration:

a. Must be made before a Magistrate

b. Must be made before a Police Officer

c. Must be made before a Doctor

d. Must be made to any person, a doctor, a magistrate, friend or a near relative

21. Which of the following statements is correct?

a. A dying declaration recorded by a Magistrate not empowered under section 183 Bhartiya Nagarik Suraksha Sanhita cannot be proved by the oral evidence of the Magistrate

b. The credit of the declarant cannot be impeached

c. A dying declaration is substantive evidence

d. If the declarant is not examined although alive, his declaration is admissible

22. Which one of the following sections of Bhartiya Sakshya Adhiniyam provides exception to the rule "hearsay evidence is not admissible":

a. Section 29

b. Section 30

c. Section 31

d. Section 26

23. Under Bhartiya Sakshya Adhiniyam the dying declaration is not admissible if

a. it relates to cause of action

b. it relates to any transaction of death

c. the person making the statement was not competent in the opinion of the court

d. none of the above

24. The question before the Court of wreck of a ship, protest made by the captain attendance cannot be produced

a. is not a relevant fact

b. the judge cannot rely on it

c. can be proved by hearsay evidence

d. is a relevant fact

25. Evidentiary value of a dying declaration

a. A conviction can be made only after corroboration

b. A conviction can be made even without corroboration

c. It has no evidentiary value

d. It is very weak evidence

26. Which one of the following statements is true? A dying declaration to be admissible

a. must be made before a magistrate

b. must be made before a police officer

c. must be made before a doctor

d. may be made before a magistrate, police officer or doctor

27. In which one of the following a dying declaration is admissible?

a. In criminal proceedings only

b. In civil proceedings only.

c. Both in civil and criminal proceedings

d. In civil proceedings only with the permission of the court

28. For the admissibility of a dying declaration, it is not necessary that the statement:

a. relates to cause of death

b. the person making the statement must be under expectation of death

c. the person making the statement must be competent

d. the statement must be complete.

29. In which section, doctrine of dying declaration is found?

a. Section 16

b. Section 27

c. Section 26

d. Section 41

30. A dying declaration is admissible

a. only in criminal proceedings

b. only in civil proceedings

c. both in civil as well as criminal proceedings

d. in criminal proceedings alone and not in civil proceedings

31. A dying declaration to be admissible

a. must be made before a Magistrate

b. must be made before the police officer

c. may be made before a doctor or a private person

d. may be made either before a Magistrate or a police officer or a doctor or a private person

32. The form of Dying Declaration is

a. immaterial

b. material

c. must be in writing only

d. must be orally spoken only

33. A 'Dying Declaration' to be admissible under Bhartiya Sakshya Adhiniyam must be made before

a. Magistrate

b. Police Officer

c. Doctor or Private person

d. Magistrate, Police Officer, Doctor or Private person

34. For dying declaration to be admissible in evidence which one of the following is not necessary?

a. That it should relate to the cause of death of the person making.

b. That the person making the statement was under the expectation of death.

c. That it relates to the circumstances, of the transaction with resulted in his death.

d. All of the above.

35. A dying declaration

a. Can form the sole basis of conviction without any corroboration by independent evidence

b. Confirm the basis of conviction only on corroboration by independent witness

c. Cannot form the sole basis of conviction unless corroborated by independent witness

d. Is not a substantive piece of evidence

36. Necessity rule regarding the admissibility of evidence is contained in:

a. Section 31 of the BSA

b. Section 26 of the BSA

c. Section 62 of BSA

d. Section 63 of the BSA

37. 'Necessity rule' as to the admissible of evidence is contained in

a. Section 31 of BSA

b. Section 26of BSA

c. Section 60 of BSA

d. Section 61 of BSA

38. In which of the following cases a statement need not be in writing

a. for contradicting a witness under Section 148, BSA

b. a dying declaration

c. a statement used to refresh the memory of a witness

d. a statement which can be used under Section 182 BNSS.

39. A woman is raped and makes statement that A raped her. Two days later she commits suicide. Her statement regarding rape is

a. admissible as dying declaration

b. not admissible as dying declaration

c. admissible as dying declaration only if there is some evidence directly connecting her death with the incident of rape

d. None of the above

40. The essential conditions for the dying declaration to be relevant include the

(i) statement is made by a person as to the cause of his death.

(ii) statement is made by a person as to any of the circumstances of the transaction which resulted in his death.

(iii) person must have been under expectation of death at the time of making the statement. Which of the above propositions is/are correct?

(a) (i) and (ii)

(b) (ii) and (iii)

(d) All these

41. Assertion (A): A dying declaration is admissible in evidence. Reason (R): Its admissibility is founded upon the principle of necessity. 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

42. The case of Pakala Narayan Swami v. King Emperor relates to:

a. Doctrine of Estoppel

b. Dying Declaration

c. Cross Examination

d. Accomplice

43. Under BSA a declaration made in course of business is admissible under

a. Section 32(a)

b. Section 26(b)

c. Section 32(a)

d. Section 32(b)

44. Kaushal Rao v. State of Bombay, AIR 1958 SC 22 is related with which topic of the law of evidence?

a. Confession

b. Admission

c. Dying declaration

d. Estoppel

45. Under BSA which one of the following is not essential condition for admissibility of dying declaration?

a. The statement as to any of the circumstances of the transaction which resulted in his death

b. Person making statement must be under expectation of death at the time of making such statement

c. Death of the person making dying declaration is must

d. The statement must be to the cause of his death

46. Exception to admissibility of Hearsay evidence is

a. Section 62, BSA

b. Section 26 BSA

c. Section 21 BSA

d. Section 72, BSA

47. Under Section 26 of BSA, statement of a person, who is dead, is relevant:

a. if it relates to cause of someone else's death

b. if it relates to cause of his own death or someone else's death

c. if it relates to the cause of his own death

d. none of the above

48. What is not correct for the admissibility of the 'dying declaration' under Section sec 26 BSA,

a. The person making statement must have died

b. Statement must have been made as to cause of his death

c. It is not necessary that cause of death must be in question

d. It is not necessary that statement must have been made in expectation of death

49. Which of the following statement is not correct?

a. The non-examination of the doctor endorsing the dying declaration, does not always affect the evidentiary value of the dying declaration.

b. Non-signing of the dying declaration by a literate declarant unable to sign, does not render the veracity of dying declaration doubtful.

c. When the relatives of the declarant are present during dying declaration, the dying declaration would not be relevant.

d. The statement recorded in F.I.R. may be treated as dying declaration.

50. 'Necessity rule' as to the admissibility of evidence is contained in

a. Section 15 of BSA

b. Section 32 of BSA

c. Section 26 of BSA

d. Section 31 of BSA

51. A dying declaration under Section 26 of the BSA is admissible in evidence:

a. Only when it is reduced in writing

b. Even when it is made to a police officer

c. Only when it is made to a judicial Magistrate

d. Only when it is made to a Executive Magistrate

52. Which one of the following is not essential condition for admissibility of dying declaration?

a. Death of the person making dying declaration

b. Statement must be as to the cause of his death

c. Person making statement was under expectation of death at the time he made the statement

d. Statement is as to any of the circumstances of the transaction which resulted into his death

53. A dying declaration

a. can form the sole basis of conviction without any corroboration by independent evidence.

b. can form the basis of conviction only on corroboration by independent witness.

c. cannot form the sole basis of conviction unless corroborated by independent witness.

d. only (b) & (c) are correct.

54. Which one of the following statements is true? A dying declaration to be admissible

a. must be made before a magistrate

b. must be made before a police officer

c. must be made before a doctor

d. may be made before a magistrate, police officer or doctor

55. 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 Swami v. King Emperor

c. Kaushal Rao v. State of Bombay

d. Harjit Kaur v. State of Punjab

56. When can a person prove his own statement constituting admission or it may be proved on his behalf?

a. When it is relevant as dying declaration

b. When it is relevant as admission

c. When it is relevant as confession

d. When it is only an oral admission as to content electronic record

57. The case of Pakala Narayan Swami v. King Emperor relates to: —

a. Res gestae

b. Dying declaration

c. Accomplice

d. Co-accused

58. Which one of the following case is directly related to Section 26 of the BSA?

a. Pulukuri kottayya and others v. Emperor

b. Pakala Narayan Swami v. King Emperor

c. State of Maharashtra v. Damu Gopinath Sinde

d. Palvinder Kaur v. State of Punjab

59. A dying-declaration is admissible:—

a. only in criminal proceedings

b. only in civil proceedings

c. both (a) and (b)

d. only (a), not (b)

60. Under BSA, 'Dying Declaration' is contained in:—

a. Section 26

b. Section 23

c. Section 32

d. Section 33

61. In which of the following categories, an opinion contained in the book of a deceased expert which is produced in evidence in a Court, is put: —

a. Oral evidence

b. Documentary evidence

c. Evidence under Section 26

d. Evidence as hearsay evidence

62. Queen Empress v. Abdullah is a leading case on

a. admission confession

b. confession

c. statement

d. dying declaration

63. Which Provision of the BSA deals with dying declaration?

a. Section 27

b. Section 26

c. Section 22

d. Section 28

64. A statement to become relevant under Section 26 of BSA as dying declaration should have been made under which of the following circumstances?

a. It should have been made in relation to the succession to Ms property after Ms death.

b. It should have been made under imminent expectation of death.

c. It should be in relation to the cause of Ms death or circumstances of the transaction that resulted in Ms death.

d. It should have been made in the will executed by him.

65. Assertion (A): A dying declaration is admissible in evidence. Reason (R): Its admissibility is founded upon the principle of necessity. 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. Which one of the following case related to the dying declaration?

a. Mehboob Shah v. King Emperor

b. Queen v. Abdullah

c. Motayya v. King Emperor

d. M.C. Vergese v. Pbnane

67. Which of the following statements is correct for admissibility in evidence under section 26 of BSA Dying declaration must be in writing

a. Dying declaration must be made under the expectation of death

b. Dying declaration may be verbal

c. Dying declaration must be made to a Magistrate

d. None of the above

68. A dying declaration recorded by the police officer in the form of FIR before the death of author without obtaining certificate as to his mental fitness—

a. Cannot be treated as dying declaration

b. Cannot be read in evidence.

c. Can be treated as dying declaration.

d. Cannot be admitted in evidence.

69. About six months before he was murdered the deceased wrote a letter to S.P. Jabalpur asking for protection and stating that he apprehended injury from 'A' and was in fear of his life. The letter is admissible under Section—

a. 32

b. 28

c. 25

d. 26

70. Under Section 26 BSA statement of a person, who is dead, is relevant:

a. if it relates to cause of someone else's death

b. if it relates to cause of his own death of someone else's death

c. if it relates to the cause of his own death

d. none of the above

71. Statement by a person who is dead is a relevant fact under of the BSA

a. Section 26

b. Section 28

c. Section 22

d. Section 25

72. Which of the following will be an inadmissible dying declaration?

a. Oral dying declaration

b. Dying declaration recorded on the basis of nods and gestures

c. Dying declaration by signs and gestures

d. None above

73. Under Section 26 OF BSA a statement of a person who is dead, to be admissible

a. must relate to the cause of his own death.

b. may relate to the cause of someone else' death

c. may relate to the cause of his own death or someone else' death

d. none of the above

74. Relevant entries in the books of account alone

a. are sufficient to charge any person with liability

b. can be taken into consideration in a criminal trial

c. are not sufficient to charge any person with liability

d. can help a judge in deciding a suit

75. A sues B for Rs.1000 and shows entries in his account book showing B to be indebted to him to this amount. This entry is

a. Not relevant

b. Relevant

c. Does not have evidentiary value

d. Inadmissible

76. Whether a party can prove entries made by itself in a book of account?

a. No

b. Yes - with the permission of court

c. Yes - with the consent of adverse party

d. Yes

77. A sues B for Rs. 1000 and shows entries in his account-books showing B to be indebted to him to this amount. Under BSA

a. The entries are relevant but are not sufficient, without other evidence, to prove the debt

b. The entries are sufficient, without other evidence, to prove the debt

c. The entries are not relevant but are sufficient, without other evidence, to prove the debt

d. The entries are neither relevant nor sufficient, to prove the debt

78. 'C' is employed as cashier by a firm to receive money at its sale counter. It is his duty to make entries in the ledger showing the amounts received by him. He is prosecuted on the charge of criminal breach of trust in respect of rupees ninety thousand on the basis of evidence showing he made an entry showing that he had received rupees ten thousand only whereas he had actually received rupees one lakh. 'C' has taken the plea that the wrong entry was accidental and unintentional. The fact that other entries made in the same ledger are false, each showing receipt of less amount by 'C' is

a. relevant as it has a bearing on the question of intention.

b. not relevant as the other entries are not basis of charge.

c. not relevant as the evidence is extraneous.

d. not relevant as other entries are not in issue.

79. Which one of the following sections of the BSA deals with the relevancy of statements as to any law contained in law books?

a. Section 37

b. Section 32

c. Section 38

d. Section 36

80. Under which of the following Sections of the BSA the previous judgments are relevant to bar a second suit or trial?

a. Section 39

b. Section 34

c. Section 11

d. Section 42

81. Sections 34 to 38 of the BSA deal with the relevance of:

a. Characters

b. Opinion of third persons

c. Judgements, decree and orders

d. Statements made under special circumstances

82. The principle of 'res judicata’ is provided in which of the following section of the BSA?

a. Section 140

b. Section 34

c. Section 160

d. Section 164

83. 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. Under BSA , the judgment against B is

a. Irrelevant

b. Relevant

c. Conclusive Proof

d. Taking effect of estoppels

84. 'A' prosecutes 'B' for adultery with 'C', wife of 'A'. 'B' contested by denying the allegation. 'B' was found guilty and convicted in said case. Subsequently, 'C' was prosecuted on charge of bigamy on allegations that she had married 'B' during subsistence of her marriage with 'A'. 'C' contested by denying that she was ever married to ‘A’. In the case against 'C, the judgment in the first case against 'B' is

a. relevant

b. irrelevant

c. binding

d. None of these

85. Which kind of jurisdiction is not mentioned under Section 35 of the BSA

a. Probate

b. Admiralty

c. Insolvency

d. Revenue

86. The presumption under Section 35 of the BSA is

a. a presumption of fact

b. a rebuttable presumption of law

c. an irrebuttable presumption of law

d. a presumption of law and fact

87. The presumption under Section 35 of BSA is a

a. Presumption of fact

b. Rebuttable presumption of law

c. Presumption of fact & law

d. Irrebuttable presumption of law

88. Under BSA the judgments of Admiralty Court are relevant in:—

a. Section 39

b. Section 40

c. Section 35

d. Section 42

89. Which of the following judgments is irrelevant under Section 35 of the BSA?

a. Judgment of an Insolvency Court

b. Judgment of an Matrimonial Court

c. Judgment of a Probate Court

d. Judgment of a Criminal Court

90. 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. comparison of the two, admitted and disputed documents

d. all of the above.

91. An Expert under BSA is a person

a. who speaks fluent English

b. expert in detecting lies

c. having requisite skills on a matter upon which he is giving opinion

d. none of the above

92. The opinion of experts is not relevant:

a. On a point of Indian law

b. On a point of foreign law

c. On matters of science

d. On handwriting or finger impressions

93. Under which Section of the BSA, the expert opinion is relevant?

a. Section 44

b. Section 39

c. Section 46

d. Section 41

94. Which one of the following is not a correct statement about expert opinion?

a. The opinion of an expert is seldom conclusive

b. Facts which are irrelevant become relevant when they support the opinion of experts

c. Expert opinion is binding on the judge always

d. Evidence of experts is a suggestive piece of evidence

95. Which one of the following statements is not correct? The Court takes the assistance of experts when it has to form an opinion on

a. a point of foreign law

b. identity of handwriting

c. identity of finger impression

d. point of Indian law

96. The following is not the exception of the rule of hearsay:

a. Dying declaration

b. Res gestae

c. Medical Expert's Opinion

d. Confession

97. Who amongst the following is an expert under the BSA?

a. Hand-writing expert

b. Fingerprint expert

c. Ballistics expert

d. All of the above

98. In which section of BSA, opinion of third person is relevant?

a. Section 14

b. Section 34

c. Section 44

d. Section 39

99. Which one among the following does not fall into the category of expert evidence?

a. Opinion relating to bullet by a ballistic expert

b. Opinion relating to forgery by a hand writing expert

c. Opinion by narco analyst about the condition of mind

d. Opinion by a serologist about blood Ans. (c)

100. Opinion of an expert under Section 39 of BSA

a. is a conclusive proof

b. is not a conclusive proof

c. is supportive & corroborative in nature

d. is not admissible

101. Opinion of Handwriting Expert:—

a. always needs corroboration

b. is inadmissible in evidence

c. is always binding on the courts

d. can be acted upon without corroboration

102. Under which Section of the BSA, D.N.A. test can admitted in Evidence?

a. Section 47

b. Section 39

c. Section 48

d. Section 49

103. Under which Section of the BSA, an opinion of Experts is relevant?

a. Section 41

b. Section 43

c. Section 44

d. Section 39

104. Under the provisions of Section 39 of BSA the opinion of an expert can be for:

a. Identity of finger impression

b. Identity of hand writing

c. Both (a) and (b)

d. Neither (a) nor (b)

105. Even a "student" may be treated as an expert under Section 39 of the BSA. It was laid down by the Supreme Court in

a. Bhoginbhai Hirbhai v. State of Gujarat (1983)

b. Sankaria v. State of Rajasthan (1978)

c. Kanpur University v. Samir Gupta & Ors. (1983)

d. Punjab Singh v. State of Haryana (1984)

106. Under SECTION 39 of BSA, which of the following have not been mentioned as points on which opinion of experts is relevant;

a. Point of foreign law

b. Point of art

c. Point of domestic law

d. Point of science

107. Opinion of an expert under Section 39 of the BSA:

a. is a conclusive proof

b. is not a conclusive proof

c. is not relevant

d. is not admissible

108. An expert is competent to testify on which of the following?

a. Matters of Science

b. Questions of Art

c. Foreign Law

d. All of the above

109. Opinions of experts are not relevant

a. upon a point of science

b. upon a point of art

c. upon a point of domestic law

d. as to identity of handwriting

110. When the Court has to form an opinion as to the electronic signature of any person, the opinion of the certifying authority which has issued the electronic signature certificate is:

a. Fact in issue

b. Relevant fact

c. Proved fact

d. None of the above

111. Mark the incorrect statement. A court may take the assistance of expert for forming opinion on point of

a. foreign law

b. art

c. Both (a) and (b)

d. Neither (a) nor (b)

112. A disputed handwriting can be proved by:

a. Calling an expert

b. Examining a person acquainted with the handwriting of the writer of the questioned document

c. Comparison of the two admitted and disputed documents

d. All of the above

113. Which one among the following does not fall into the category of expert evidence?

a. Opinion relating to bullet by a ballistic expert

b. Opinion relating to forgery by a hand writing expert

c. Opinion by narco analyst about the condition of mind

d. Opinion by a serologist about blood

114. Under which Section of the BSA, the Expert's opinion is relevant?

a. Section 41

b. Section 42

c. Section 39

d. Section 43

115. When is the opinion of experts relevant?

a. When the court has to form an opinion of science or art

b. When identity of handwriting or finger impressions is to be decided

c. When opinion has to be formed upon a point of foreign law

d. In all the above matters

116. 'B', 'C and/D' never saw 'A' writing. But they give their opinion about the handwriting of ‘A’. The opinion of which one is relevant?

a. of 'B', because 'B' is a merchant in Delhi. 'A' has written many letters addressed to 'B'

b. of 'C' because 'C is a clerk of 'A' 'C's duty was to examine and file A's correspondence

c. of 'D' because 'D' is Z's broker to whom Z habitually submitted the letters purporting to B written by 'A' for the purpose of his advice

d. of all the above

117. Under which Section of the BSA, the expert opinion is relevant?

a. Section 44

b. Section 39

c. Section 46

d. Section 41

118. Under BSA, the subject matters on which opinion of experts is relevant, are:—

a. Foreign Law

b. Science

c. Finger impressions

d. All of these

119. The question is, whether a certain document was written by A. In this case which of the following is/are relevant?

a. Another document is produced which is written by A.

b. The opinion of experts on the question whether the two documents were written by A.

c. The opinion of experts on the question whether the two documents were written by different persons.

d. Both (b) and (c).

120. Opinions of experts are relevant under which of the following Sections of the BSA?

a. Section 39

b. Section 46

c. Section 47

d. Section 48

121. Relevancy of expert evidence for the purpose of BSA is contained in

a. Sections 10 to 20

b. Sections 35 to 40

c. Sections 39 to 42

d. Sections 59 & 60

122. Answer with the help of code. Handwriting may be proved by

(1) Evidence of the writer himself.

(2) Opinion of the expert.

(3) Evidence of the person acquainted with the handwriting.

(4) The court under Section 72, BSA

a. Only (1) and (2) are correct.

b. Only (2), (3) and (4) are correct.

c. Only (1) and (4) are correct

d. (1), (2), (3) and (4) are correct

123. A person suffering from any mental disorder

a. can be exempted from criminal liability ipso-facto.

b. cannot be exempted at all.

c. can be exempted from such liability at the discretion of the court.

d. can be exempted from such liability on proof by expert evidence of this effect.

124. Opinion of experts is relevant under—

a. Section 39 of BSA

b. Section 46 of BSA

c. Both the above

d. None of the above.

125. Following is not the exception to the rule of hearsay

a. Dying declaration

b. Res gestae

c. Medical Expert's Opinion

d. Confession

126. Expert opinion under Section 39 is

a. A conclusive proof

b. Not a conclusive proof

c. Supportive and corroborative in nature

d. None of these

127. Facts supporting or rebutting the opinion of the experts are relevant under

a. Section 45

b. Section 46

c. Section 40

d. Section 51

128. Where the handwriting of a teacher is in question the opinion of his principal may be relevant under which Section of the BSA?

a. Section 41

b. Section 48

c. Section 49

d. Section 50

129. Under which of the following Sections of the BSA, opinion as to digital signature has been considered to be relevant?

a. Section 61

b. Section 65

c. Section 67

d. Section 66

130. Under which of the following sections of the BSA opinion as to digital signature is relevant?

a. Section 34

b. Section 39

c. Section 61

d. Section 85

131. An expert may give an account of experiments performed by him for the purpose of forming his opinion under which section of the BSA?

a. Section 50

b. Section 49

c. Section 45

d. Section 47

132. In respect of digital signature which of the following is a relevant fact?

a. That he himself recognizes his signature before the Court.

b. Any other person recognizes his signature before the Court.

c. The Court may direct that certificate of certifying authority may be produced in the Court

d. Such digital signature is not admissible in any proceeding before the Court.

133. Where in a judicial proceeding the handwriting of a teacher is in question, the opinion of his or her student shall be relevant under of the BSA?

a. Section 45

b. Section 41

c. Section 46

d. None of the above

134. Where the court has to form an opinion as to electronic signature of any person, the opinion of the certifying authority which has issued the electronic signature certificate is

a. Fact in issue

b. Relevant fact

c. Proved fact

d. None of the above

135. Which one of the following sections of the Indian BSA makes relevant opinions as to existence of custom?

a. Section 47

b. Section 42

c. Section 49

d. Section 50

136. The 'relationship' in Section 44 of the BSA means:

a. relationship by blood only

b. relationship by blood or marriage

c. relationship by blood or marriage or adoption

d. none of the above

137. Under which section of BSA , the opinion relating to relationship is relevant?

a. Section 45

b. Section 46

c. Section 32(5)

d. Section 44

138. 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

139. 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

140. Which of the following statement is correct?

(i) Evidence of character in civil cases is irrelevant.

(ii) Previous conviction is relevant as evidence of bad character.

(iii) Evidence of good character is relevant in criminal cases.

(iv) Word cases character includes reputation only.

a. (i) and (iii) are correct

b. (i), (ii) and (iii) are correct

c. (ii) and (iii) are correct

d. All are correct

141. Under which one of the following sections of BSA previous good character is relevant in criminal cases

a. Section 18

b. Section 26

c. Section 49

d. Section 47

142. In criminal cases the fact that the person accused is of good character

a. is not a relevant fact

b. is a relevant fact

c. cannot be proved

d. is conclusive fact

143. In criminal proceedings, the fact that the person accused is of good character is relevant according to

a. Section 47

b. Section 54

c. Section 55

d. Section 56

144. In criminal cases, the good character is relevant under which Section of the BSA?

a. Section 51

b. Section 52

c. Section 47

d. Section 54

145. Whether in criminal proceedings the previous good character of an accused person is relevant:

a. No

b. Yes

c. At the discretion of the court

d. Depends on the offence alleged

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

a. In civil cases character to prove conduct is irrelevant

b. In criminal cases previous good character is irrelevant

c. In civil cases character as affecting damages is relevant

d. In criminal cases previous bad character is irrelevant unless evidence has been given of good character

147. In criminal proceedings, under which of the following situations, the fact that the accused person has bad character, is relevant?

1. Where the character of the accused is in issue

2. When it affects damages

3. To rebut prior evidence of good character

4. Where the court is satisfied

Select the correct answer using the code given below:

(a) 1 only

(b) 2 and 3

(d) 1 and 3

Ans. (d)

148. In criminal proceedings, the fact that the accused person has a bad character is:—

a. irrelevant

b. relevant

c. above (a) is correct, unless evidence has been given that he has a good character

d. all the above are incorrect

149. Which of the following statement is not true?

a. In criminal proceedings, the fact that the accused is of a good character, is relevant

b. In criminal proceedings, the fact that the accused has a bad character, is relevant

c. A previous conviction is relevant as evidence of bad character

d. In civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant

150. In criminal cases previous bad character of accused is—

a. relevant

b. always irrelevant . (c) relevant when evidence has been given that he has a good character

c. relevant when evidence has been given that he has a good character and when bad character is itself in issue

d. relevant when evidence has been given that he has a good character and when bad character is itself in issue