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Class Test Final .

The document is a class test for the Bharatiya Sakshya Adhiniyam, 2023, containing multiple-choice questions related to legal principles and case law. It covers topics such as the applicability of the BSA, admissibility of evidence, and the interpretation of various legal provisions. The test is structured to assess knowledge on significant legal cases and concepts relevant to the Indian legal system.

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rohit dhamija
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© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
28 views

Class Test Final .

The document is a class test for the Bharatiya Sakshya Adhiniyam, 2023, containing multiple-choice questions related to legal principles and case law. It covers topics such as the applicability of the BSA, admissibility of evidence, and the interpretation of various legal provisions. The test is structured to assess knowledge on significant legal cases and concepts relevant to the Indian legal system.

Uploaded by

rohit dhamija
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 9

AMBITION LAW INSTITUTE

ID No. : ____________________ Date : _____________________


Name : _____________________

BHARATIYA SAKSHYA ADHINIYAM


CLASS TEST FINAL [Time : 2:00 Hours]

1. Consider the following statements and mark the (c) Aghnoo Nagesia vs. State of Bihar, AIR 1966
correct option:- SC 119
(i) The Bharatiya Sakshya Adhiniyam, 2023, (d) Yunus vs. Kavya, AIR 2003 SC
received the assent of President on 25th 5. "Only those statements which accompany and
December, 2023 and will come into force on explain acts other than statements can be regarded

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1st July, 2024. as conduct." It was held in:-
(ii) BSA applies to all judicial proceeding including (a) Mistri vs. King Emperor, 6 ALJ 839
court martial (b) Bhagwan Das vs. State of Rajasthan, AIR
(iii) BSA applies to the proceedings before Indian 1974 SC 898?
Marine Act (c) Noor Mohammad vs. Emperor, AIR 1944 Sind,

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Mark the correct option from the given option:- 93
(a) Statement (i), (ii) is correct (d) Rahan Lalu vs. Emperor, AIR 1938 Sind 93
(b) Statement (i), (iii) is correct 6. The protection of Article 20(3) is available
(c) Only Statement (ii) is correct (a) At the stage of investigation
(d) Statement (ii), (iii) is correct (b) At the stage of trial
2. Which of the following cases is related to (c) Both (a) & (b)
circumstantial evidence? (d) None of the above
(a) Tufail vs. State of U.P. (1969) 3 SCC 198 and 7. Point out the correct option regarding TIP

SCC 625
T
Ram Gopal v. State of Maharashtra (1972) 4 (a) Evidence of identification of an accused in
Court by a witness is substantive evidence
(b) Pushpadevi M. Jatia vs. M.L. Wadhawan, AIR whereas that of identification in test
1987 SC 1748 and Rohtash Kumar vs. State identification parade is, though a primary
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of Haryana 2013 STPL(web) 456 SC. evidence yet not substantive one, and the same
(c) Ronny vs. State of Maharashtra, (1998) 3 SCC can be used only to corroborate identification
625 of accused by a witness in Court
(d) All the above (b) TIP is a substantive piece of evidence
3. The statement which is a part of Res-gestae does (c) The previous identification in the test
not narrate a past event, but it is the event itself identification parade is a check valve to the
speaking through a person thus: evidence of identification in Court of an accused
(a) Excluding the possibility of spontaneous by a witness and the same is a rule of prudence
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utterance & reaction inspired by the excitement and not law


of the occasion (d) Both (a) & (c)
(b) Including the possibility of any design behind it 8. Mr. X sends a letter to Police officer writing that "
(c) Excluding the possibility of any design behind I will kill Mr. Z tomorrow" such statement is :
it (a) Confession
(d) Including the opportunity for deliberately (b) Admission
fabricating the statement (c) Information
4. In which case, "FIR was filed by the accused (d) Substantive piece of evidence
himself. The fact of his giving the information was 9. Decide the correct option:
held admissible against him as evidence of his (a) Admission are conclusive proof
conduct". (b) Admissions are substantive evidence by
(a) Sardul Singh vs. State of Bombay, AIR 1957 themselves, in view Sections 15 and 19 of the
SC 747 BSA, 2023, though they are not conclusive
(b) Bhamara vs. State of M P, AIR 1953 Bhopal proof of the matters admitted
1,? (c) Admissions duly proved are admissible
evidence irrespective of whether the party

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making them appeared in the witness box or (a) The rationale in making certain statement or
not and whether the party making them fact admissible under Section 4 of BSA, 2023
appeared in the witness was confronted with is on account of the spontaneity and immediacy
those statement in case it made a statement of such statement or fact in relation to the fact
contrary to those admissions in issue
(d) Both (b) & (c) (b) It is necessary that the fact or statement must
10. 'Tape recorded conversation' is admissible provided be part of the same transaction
(a) First the conversation is relevant to the matters (c) Such statement must have been made
in issue; secondly, there is identification of the contemporaneous with the acts which
voice; and, thirdly, the accuracy of the tape constitute the offence or at least immediately
recorded conversation is proved by eliminating thereafter
the possibility of erasing the tape (d) If there is an interval, however slight it may
(b) A contemporaneous tape-record of a relevant be, which was sufficient enough for
conversation is a relevant fact and is admissible modification then it cannot be disallowed to be
under Section 6 of BSA. the part of res gestae

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(c) It is res gestae, and also comparable to a 14. Which document is not admissible without formal
photograph of a relevant incident. The tape proof?
recorded conversation is therefore a relevant (a) Admitted document
fact and is admissible under Section 5 of BSA (b) Medical Report
(d) All of the above (c) Report of chief controller of explosives

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11. Mark the correct option: (d) Report of a director of the Fingerprint bureau
(a) Sita Ram Vs. State of Uttar Pradesh 1965 SC- 15. In which of the following cases did the Supreme
The fact discovered envisaged in the section Court heavily rely on the previous and subsequent
embraces the place from which the object was conduct of the accused in proving the charge of
produced, the knowledge of the accused as to murder against the accused?
it, but the information given must relate distinctly (a) Palwinder Kaur v State of Punjab
to that effect (b) Anantha Chintaman Lagu v State of Bombay
(b) Nandini Satpathy vs. P.L. Dani and Anr. 1978 (c) Guddu v State of MP
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SC- No person can be compelled to be witness (d) None of the above
against himself and such ban operates in police 16. A person is in his room and he hears his servant
interrogation also crying out that A is killing B. When the person
(c) Pulukuri Kottaya v. Emperor 1947 PC- rushes into the room, B is unconscious and A had
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Confession made to a police officer includes a run away from the scene; but his servant and others
confession made to a police officer in a letter tell him what happened. He would inform the police,
written to him and subsequently received by who would investigate, and finally bring A to trial
him. Court should not cut down the wholesome for the murder of B. At the trial, the evidence of
protection of Section. 25 of IEA [Section 23(1) the person who heard the cry would be:-
of BSA] by refined arguments (a) Relevant fact
(d) All of the above (b) Admissible as evidence
12. In a case based on circumstantial evidence, the (c) Relevant though hearsay
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settled law is that: (d) Hearsay evidence


(a) The circumstances from which the conclusion 17. Which of the following would not fall within the
of guilt is drawn should be fully proved and ambit of section 8 of BSA?
such circumstances must be conclusive in (a) A post arrest statement made to a police officer
nature (b) A post arrest confession made to a police
(b) All the circumstances should be complete and officer
there should be no gap left in the chain of (c) Both (a) and (b)
evidence (d) None of the above
(c) The proved circumstances must be consistent 18. A sues B for negligence in providing him with a
only with the hypothesis of the guilt of the carriage for hire not reasonably fit for use, whereby
accused and totally inconsistent with his A was injured. Which of the following facts are
innocence relevant under section 12 of BSA, 2023
(d) All of the above (a) The fact that B's attention was drawn on other
13. Mark the wrong option regarding sec. 4 of BSA, occasions to the defect of that particular
2023: carriage

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(b) The fact that B was habitually negligent about 26. To ensure fairness and accuracy in a Test
the carriages which he let to hire Identification Parade, the requirement is
(c) Both (a) and (b) (a) Parading persons of same social status
(d) None of the above (b) Parading persons of same or similar physical
19. What modes are provided under section 11 for appearance along with the suspect
proving the existence of rights or custom: (c) Parading be done in presence of all the
(a) By transaction (b) By particular instances witnesses simultaneously
(c) Both (d) none of the above (d) None of these
20. Statements made by an agent to any party to the 27. A retracted confession may form the legal basis of
proceedings are admissions a conviction if the court is satisfied that it was true
(a) In all circumstances and voluntarily made. However, a court shall not
(b) If the court regards, under the circumstances base a conviction on such a confession without
of the case, that the agent is expressly corroboration. It was observed in:
authorized by the principal to make them (a) Pyare Lal Bhargava v. State of Rajashtan, AIR
(c) If the court regards, under the circumstances 1963 SC 1094

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of the case, that the agent is expressly or (b) Mohmed Inayatullah v. State of Maharashtra,
impliedly authorized by the principal to make AIR 1976 SC 483
them (c) Kashmira Singh vs State Of Madhya Pradesh
(d) None of the above 1952 AIR SC 159
21. What section is exception to the Rule of Privity? (d) Bhuboni Sahu vs The King (1949) 51 BOMLR

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(a) Section 17 (b) Section 18 955
(c) Section 16(1) (d) All of the above 28. The SC observed that, "Section 27 of the Evidence
22. While recording of confession by the Magistrate Act,[proviso to Sub-Section (2) of Section 23 of
can the magistrate be considered as court as per BSA] only so much of the statement of an accused
BSA : is admissible in evidence as distinctly leads to the
(a) Yes discovery of a fact. Therefore, once the fact has
(b) No been discovered. Section 27 of the Evidence Act
(c) Confession is not recorded by the magistrate cannot again be made use of to 're-discover' the

23.
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(d) Only statements are recorded by the magistrate
The fact that the deceased girl was alone in her
discovered fact." In the case of :
(a) Sukhvinder Singh and Ors. vs. State of Punjab,
cottage at the time of murder is relevant as it (1994) 5 SCC 152
constitutes the (b) State (N.C.T. of Delhi) vs. Navjot Sandhu and
BI
(a) Occasion for the murder Ors., AIR 2005 SC 3820
(b) Effect of Murder (c) State of U.P. vs. Deoman Upadhyaya, AIR
(c) Subsequent Conduct of the transaction 1960 SC 1125
(d) Motive for the murder (d) State of Rajasthan vs. Bhup Singh, (1997) 10
24. The evidence of finger print expert SCC 675
(a) is substantive evidence 29. Match List-I with List II and mark the correct
(b) can be used to corroborate items of substantive option:-
evidence which are not otherwise on record List-I
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(c) both (a) & (b) A. Section 28


(d) none of the above B. Section 29
25. Choose the incorrect option C. Section 30
(a) A 'Relevant fact' is also known by its Latin D. Section 31
name 'factum probans' i.e., a fact that proves. List- II
(b) One fact is said to be relevant to another when (i) Relevancy of entry in public record made in
performance of duty
the one is connected with the other in any of
(ii) Relevancy of statement as to fact of public
the ways referred to in the provisions of this nature contained in certain Acts or notifications.
Adhiniyam relating to the relevancy of facts. (iii) Entries in books of account when relevant
(c) The word 'relevant' is defined under BSA as (iv) Relevancy of statements in maps, charts and
inclusive definition, and provides for the plans
relationship which indicates that when one fact Codes:-
does not become relevant to another. A B C D
(d) Relevancy under BSA, does not depend upon (a) (i) (iv) (iii) (ii)
mere logic but it should be 'legally relevant' (b) (ii) (iv) (iii) (ii)

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(c) (iii) (iv) (i) (ii) 37. ‘Professional communication’ between advocate
(d) (iii) (i) (iv) (ii) and his client :
30. Consider the following statements and mark the (a) Is not admissible in evidence
correct option from the given codes:
(i) Section 24 was once amended by Act 5 of 1899 (b) Is a privileged communication only until the
(ii) Section 39 also includes thumb impression contract Continues
(iii) Certain words were added by Act 18 of 1972 (c) Is admissible in evidence with consent of the
Codes: client
(a) Only statement (i) is correct (d) Is not admissible until it is illegal
(b) Only statement (i), (ii) is correct
38. A witness summoned to produce a document can
(c) Only statement (ii), (iii) is correct
refuse to bring it before the court on the ground
(d) All the statements are correct
that-
31. Opinion under Section 44 is not sufficient to prove
a marriage in proceedings: (a) Production would, in the circumstances of the
(a) Under the Indian Divorce Act, 1869 particular case, be oppressive

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(b) Section 81, 82 of the BNS, 2023 (b) Legal professional priviledge
(c) Section 82, 85 of BNS, 2023 (c) Document in question may not tend to preminate
(d) All the above the party or his or her spouse
32. Contents of a document under Section 54 of the (d) Both (a) and (b)
Bharatiya Sakshya Adhiniyam :
39. The law is that the evidence of child witness must

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(a) Can be proved by oral evidence be evaluated more carefully and with great
(b) Cannot be proved by oral evidence circumspection because a child is susceptible to be
(c) May or may not be proved by oral evidence swayed by what others tell him and thus he is an
(d) Can only be proved by oral evidence under the easy prey to tutoring. It was held in-
order of the court (a) Panchhi vs. State of U.P.
33. Section 78 of the Bharatiya Sakshya Adhiniyam (b) State of H.P. vs. Prem Chand
contains : (c) State of U.P vs. Bhoora
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(a) An irrebuttable presumption of law
(b) A rebuttable presumption of law
(d) Both (a) and (b)
40. Section 94 of the Bharatiya Sakshya Adhiniyam :
(c) A presumption of fact (a) Permits admission of oral evidence to prove
(d) No presumption either of fact or of law contents of a document where the writing is a
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34. Section 115 of the Bharatiya Sakshya Adhiniyam : fact in issue
provides for: (b) Prohibits admission of oral evidence to prove
(a) Presumption of offence the contents of a document where the writing
(b) Presumption of marriage is a fact in issue
(c) Presumption of death (c) Prohibits admission of oral evidence to prove
(d) Presumption of legitimacy the contents of a document where the writing
is not a fact in issue and is merely a collateral
35. In the Bharatiya Sakshya Adhiniyam the provision
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memorandum
on presumption as to abetment of suicide by a
(d) Both (b) and (c)
married woman is contained in:
41. Which of the following facts, the court may presume
(a) Sec. 116 (b) Sec. 117
to exist?
(c) Sec. 119 (d) Sec. 118
(a) When a woman states in her evidence before
36. What is the object of cross-examination of a the court that she did not consent for sex
witness?
(b) A child will never lie
(a) To destroy or weaken the evidentiary value of (c) A priest will always speak truth
the witness of adverse party
(d) All of the above
(b) To elicit facts in favour of cross-examining
lawyer’s client from the mouth of witness of 42. In Bharatiya Sakshya Adhiniyam, the maxim “Salus
adverse party Populi Suprema Lex” is related to:
(a) Sec.127 (b) Sec.128
(c) To show that witness is untrustworthy by
impeaching his credibility (c) Sec. 129 (d) Sec. 130
(d) All the above are correct 43. In respect of a certified copy, thirty years old, which

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fulfils all the conditions laid under Section 92 of the (a) General Exceptions in the BNS, 2023
Bharatiya Sakshya Adhiniyam, the court: (b) Any special exception or proviso contained in
(a) Shall presume any other part of the BNS, 2023, or in any law
(b) May presume defining the offence
(c) Only (a) not (b)
(c) Will not presume
(d) Both (a) & (b)
(d) None of the above
50. If the attesting witness denies or does not recollect
44. A certified copy of a registered sale deed produced the execution of the document, its execution may
in Bharatiya Sakshya Adhiniyam : be proved by :
(a) Will be proof of execution of the original and (a) Indirect Evidence
its registration
(b) Primary Evidences
(b) Will be proof of execution only
(c) Other evidence
(c) Will be merely proof of the fact that an original (d) Secondary Evidences
document was registered

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51. Point out the Correct Option :
(d) Will not prove anything in absence of original
(a) Sec. 118 deals with Presumption as to dowry
45. When the question is whether man is alive or dead death, and Inserted by Act 43 of 1986, s. 12
and it is shown that he was alive within _____, the (w.e.f. 05-01-1986)
burden of proving that he is dead is on the person
(b) Sec. 120 deals with Presumption as to absence
who affirms it.

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of consent in certain prosecution for rape
(a) 7 years (b) 10 years (c) Sec. 115 deals with Presumption as to certain
(c) 30 years (d) 5 years offences, Inserted by Act 61 of 1984
46. Which kind of agreement can be presumed by the (d) All of the above
court under Section 85 of Bharatiya Sakshya 52. As per the judgment of Arjun Panditrao Khotkar
Adhiniyam : vs. Kailash Kushanrao Gorantyal (2020) 7 SCC 1,
(a) Written agreement the requirement of section 65B (4) (Now 63 (4) of
(b) Oral agreement
(c) Electronic agreement
T BSA, 2023) for issuing the certificate are to be
read as cumulatively :
(a) “All of them” instead of “Any of them”
(d) None of the above
(b) “Any of them” instead of “All of them”
47. Sec. 95 (i.e Exclusion of evidence of oral
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agreement) of Bharatiya Sakshya Adhiniyam, 2023 (c) Can be read as per the convenience of the
applies to : parties
(a) Disposal of property (d) None of the above
(b) Any matter required by law to be reduced to 53. Considering Section 80 of BNS and Section 118 of
the form of a document Dowry BNS death of IEA 1872, the word 'deemed"
(c) Agreement or Grant in Section 80 of BNS did not create legal fiction
(d) All of the above but creates presumption that husband or relative
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of husband had caused dowry death:


48. A witness who is unable to speak may give his
Bharatiya Sakshya Adhiniyam in writing and shall (a) False
be deemed to be (b) True
(a) Oral evidence, but no where it is clearly (c) False because word ‘deemed’ is not mentioned
mentioned under the Bharatiya Sakshya the given sections
Adhiniyam, 2023 (d) False because deemed is an absolute Legal
(b) Documentary Evidence as clearly mentioned Fiction
u/s. 58 of Bharatiya Sakshya Adhiniyam, 2023 54. Mark the wrong option :
(c) Oral evidence as mentioned in section 125 of (a) Omnia praesumuntur contra spoliatorem-
Bharatiya Sakshya Adhiniyam, 2023 nobody shall be allowed to take the advantage
(d) Verbal Evidence as provided in Sec. 124 of of his own wrong
Bharatiya Sakshya Adhiniyam, 2023 (b) Omnia praesumuntur rite et solemniter acta
49. ‘Burden of proving that case of accused comes donee probetur in contrarium- everything is
within exceptions’ covers: presumed to be rightly and duly performed until
the contrary is shown

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(c) Falsa demonstratio non nocet cum de corpore (b) Sec. 52(b) of BSA, 2023
constat- a false description doesn’t void a (c) Sec. 52(g) of BSA, 2023
document, as long as the intent is clear (d) Sec. 52(l) of BSA, 2023
(d) Falsus in uno falsus in omnibus - False in one , 61. Which of the following statement is incorrect?
false in all (a) The Judge may order to discover proper proof
55. Section 109 of BSA is designed to meet certain of relevant facts, ask any question at anytime
exceptional cases, in which, it would (b) The Judge may order the production of any
(a) Be possible for the prosecution to establish document
certain facts which are particularly within the (c) The parties or agents shall not be entitled to
knowledge of the Accused make any objections to any such questions
(b) Be impossible for the prosecution to establish (d) The parties or agent shall be entitled to cross
certain facts which are particularly within the examine any witness upon any answer given
knowledge of the accused in reply
(c) Be possible for the prosecution to establish 62. Section 167 of IEA deals with:

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certain facts (a) The improper admission or rejection of
(d) None of the above evidence
56. Husband and Wife shall be Competent Witnesses (b) Admission
as per (c) Confession
(a) Sec. 127 of BSA
(d) Either (a) or (b) or (c)

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(b) Sec. 126 of BSA
63. According to section 136 of BSA, 2023:
(c) Sec. 128 of BSA
(d) None of the above (a) The mediate possessor of the document could
57. A, on his trial before the Court of Session, says not refuse to produce the document
that a deposition was improperly taken by B, the (b) The mediate possessor is bound to produce the
Magistrate. document even without consent of actual owner
(a) B cannot be compelled to answer questions as of the document
to this (c) The mediate could refuse to produce the
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(b) B shall be compelled to answer questions as to document unless the actual owner consents to
this the production
(c) Upon the special order of a superior Court B (d) None
can be compelled to answer 64. Consider the following statements and mark the
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(d) Both (a) & (c) are correct correct options from the given codes-
58. An accomplice shall be a competent witness (i) U/s 137 a witness is not excused from
against an accused person; and a conviction is not answering any question relevant to the matter
illegal if it proceeds upon the corroborated in issue
testimony of an accomplice, Such statement is:
(ii) Section 137 compels the witness to answer all
(a) False as per Sec. 138
question relevant to the matter in issue in
(b) True as per Illustration (b) of Sec. 119 criminal proceedings only
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(c) True as per Sec. 138


(d) True (iii) The witness given false evidence shall be
prosecuted u/s 228 of BNS, 2023
59. The Court may not presume that :
(a) An accomplice is unworthy of credit, unless (iv) The answer given by the witness can be proved
he is corroborated in material particulars against him in any civil proceeding
(b) Bill of exchange, accepted or endorsed, was (v) A witness is absolutely protected from criminal
accepted or endorsed for good consideration prosecution on the basis of the evidence as an
(c) That judicial and official acts have been approver.
regularly performed Codes:
(d) When a document creating an obligation is in (a) (i), (ii),(v) are correct
the hands of the obligor, the obligation does not (b) (i), (iii), (iv),(v) are correct
get discharged
(c) (i), (iv),(v) are correct
60. Judicial notice related to ‘Advocate is authorized
by law to appear or act’ is provided in (d) (i), (ii), (iv),(v) are correct
(a) Sec. 52(k) of BSA, 2023 65. Mark the incorrect statement :

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(a) The word “accomplice” is nowhere defined in 70. Order of examination shall be-
BSA. (a) Witness shall be first cross examined then
(b) An accomplice is a person who is connected examination in chief and lastly re examination
with other person in the commission of crime (b) Witness shall be first examined in chief, then
(c) According to section 138 an accomplice may cross examined and lastly re examined
be a competent witness against an accused (c) Witness shall be first examined in chief, then
person and the conviction is not illegal if it re-examined and lastly cross examined
proceeds upon corroborated testimony of (d) Dependent on the discretion of the court
accomplice
71. The examination and cross-examination must relate
(d) There is no rule of positive law that the to relevant facts and the cross- examination-
evidence of an accomplice cannot be acted
(a) Need to be confined to the facts to which the
upon
witness testified on his examination- in -chief
66. For proof of any fact there must be at least-
(b) Need to be confined to the facts to which the
(a) Two witness witness testified on his re-examination

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(b) Three witness (c) Need not to be confined to the facts to which
(c) Any number of witness the witness testified on his examination- in -
(d) None chief
67. In the absence of law with respect to the order in (d) None
witnesses are to be produced and examined-

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72. Mark the correct option from the given statements
(a) The law and rules of civil procedure shall be with respect to section 143-
followed (a) The re-examination may be directed to the
(b) The law and rules of criminal procedure shall explanation of matters referred to in cross
be followed examination
(c) The production of witness shall be in (b) When any new matter is introduced in re
accordance of the discretion of the court examination the adverse party shall further
(d) Either (a) or (b) or (c) cross examine upon that matter
68.
141 of BSA, 2023:
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Mark the correct options with respect to section (c) When any new matter is introduced in re
examination the adverse party shall further
(a) When the party proposes to give evidence of cross examine upon that matter with the
any fact the court shall ask the party in what permission of the court
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manner the alleged fact would be relevant (d) None
(b) When the party proposes to give evidence of 73. A person summoned to produce a document -
any fact the court shall ask the party in what (a) Does not become a witness by the mere fact
manner the alleged fact if proved would be that he produces it and cannot be cross-
relevant examined unless and until he is called as a
(c) The court shall admit the evidence if he thinks witness
that fact if proved would be relevant (b) Become a witness by mere fact that he
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(d) Both (b) & (c) produced it and he can be cross examined even
69. If the fact proposed to be proved is one of which if he is not called as a witness
evidence is admissible only upon proof of some (c) Does not become a witness by the mere fact
other fact,- that he produces it but he can be cross
(a) The other fact need to proved after evidence examined even if he is not called as a witness
is given of the fact mentioned (d) Cannot be called as a witness but can be cross
(b) The other fact need to proved before evidence examined.
is given of the fact mentioned 74. Any question suggesting the answer which the
(c) The other fact shall be proved after the person putting it wishes or expects to receive is
evidence of the first mentioned fact if the party called
undertakes to give proof of such fact and the (a) A leading question (b) Cross question
court is satisfied with such undertaking
(c) Direct question (d) All the above
(d) The other fact may be proved after the evidence
of the first mentioned fact if the party 75. When leading questions may be asked?
undertakes to give proof of such fact and the (a) If un-objected by the court may be asked in
court is satisfied with such undertaking. Examination-in-chief

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(b) If un-objected by the adverse party may be (c) Both (a) and (b)
asked in re-examination (d) Either (a) or (b)
(c) Both (a) & (b) are correct 83. Which of the following statements is not correct-
(d) None (a) Leading questions may be asked in cross
76. Mark the correct option : examination.
(a) A witness may be cross examined as to his (b) Witnesses to character may not be cross
previous statements made in writing without examined.
the writing been shown to him (c) A person summoned to produce document does
(b) A witness may be contradicted as to previous not become a witness.
statements made by him in writing without the (d) A party may with the permission of the court
writing been shown to him examine his own witness.
(c) Both (a) & (b)
84. Who amongst the following is not the competent
(d) None witness?
77. The application of Section 148 may be seen u/s-

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(a) A child
(a) 193 BNSS (b) 183 BNSS
(b) An idiot person
(c) 192 BNSS (d) 180 BNSS
(c) A lunatic person
78. What questions are lawful in cross examination of
a witness? (d) A dumb person
85. "Production of title-deeds of witness not a party" is

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(a) Questions to test the veracity of the witness
(b) Question to discover his position in life provided u/s-
(c) Questions to shake the credit of the witness (a) 135 BSA (b) 134 BSA
by injuring his character (c) 133 BSA (d) 132 BSA
(d) All the above 86. Consider the following statements and mark the
79. In case of questions relating to a matter relevant to incorrect statement-
the suit or proceedings- (a) No Magistrate shall be compelled to say from
where he got the information with respect to
T
(a) A witness shall be excused from answering
any question as to any matter relevant to the the commission of any offence
matter in issue in any criminal proceeding only (b) No revenue officer shall be compelled to say
upon the ground that the answer to such from where he got the information with respect
question will criminate him to the commission of any offence
BI
(b) A witness shall be excused from answering (c) No revenue officer shall be compelled to say
any question as to any matter relevant to the from where he got the information with respect
matter in issue in any civil proceedings only to the commission of any offence against the
upon the ground that the answer to such public revenue.
question will expose such witness to a penalty (d) Both (a) and (b) are incorrect
(c) Both (a) & (b) are incorrect 87. Under sub-section 5(b) of section 63 of BSA, a
(d) None computer output shall be taken to have been
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produced by the computer :


80. “When witness to be compelled to answer”
provided u/s- (a) Whether it was produced by it directly.
(a) 137 BSA (b) 148 BSA (b) Whether it was produced by means of any
appropriate equipment.
(c) 150 BSA (d) 149 BSA
(c) Whether it was produced directly or (with or
81. The questions which tend to directly criminate the
without human intervention) by means of any
witness or indirectly expose the witness to a penalty
appropriate equipment.
or forfeiture are considered unlawful questions in
cross examination. This statement is- (d) Whether it was produced by it directly or by
means of any appropriate equipment.
(a) Partially incorrect (b) Partially correct
88. Due execution of a document more than thirty years
(c) Wholly incorrect (d) Wholly correct old, coming from proper custody is a-
82. Burden of proof implies - (a) Irrebuttable Presumption of facts.
(a) The burden of proving only some facts while
(b) Rebuttable presumption of law.
excluding others
(c) Rebuttable presumption of law.
(b) The burden of introducing evidence at the
beginning or at any particular stage of the case (d) Rebuttable Presumption of fact

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89. “The burden of proof in a suit or proceeding lies on (a) The Court shall forbid any questions which it
that person who would fail if no evidence at all regards as indecent
were given on either side. This provision is provided (b) The Court may forbid any questions which it
under section_____ of BSA, 2023: regards as scandalous
(a) 104 (b) 105 (c) The Court shall not forbid such questions which
(c) 114 (d) 115 has some bearing before the Court
90. “An Advocate is instructed by another advocate (d) All of the above
that an important witness is a dacoit. This is a 95. Which of the following statement is incorrect?
reasonable ground for asking the witness whether (a) The Judge may order to discover proper proof
he is a dacoit.” of relevant facts ask any question at anytime
This illustration is based on section _____ of BSA: (b) The Judge may order the production of any
(a) 152 (b) 156 document
(c) 150 (d) 148 (c) The parties or agents shall not be entitled to
91. Secondary evidence includes : make any objections to any such questions
(a) Certified copy of a court’s judgment (d) The parties or agent shall not be entitled to cross

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(b) Oral account by any person of a document who examine any witness upon any answer given
has seen it. in reply
(c) Copies prepared or compared with originals. 96. “Using, as evidence, of document production of
(d) All the above. which was refused on notice” is provided u/s-
92. The Judge or Magistrate shall be a competent (a) 168 (b) 167

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witness- (c) 166 (d) 169
(a) When such Judge or Magistrate are specially 97. “Proof of document not required by law to be
ordered by any court to become witness attested” is provided u/s-
(b) When such Judge or Magistrate are specially (a) 69 (b) 70
ordered by high court to become witness (c) 71 (d) 72
(c) When such Judge or Magistrate are specially 98. In cases where the "computer" happens to be a
ordered by any court to which he is subordinate part of a "computer system" or "computer network"
to become witness
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(d) When such Judge or Magistrate are specially
ordered by any court to become witness
and it becomes impossible to physically bring such
system or network to the Court, then the only means
of providing information contained in such
93. Match the correct answers- electronic record can be in accordance with Section
List I List II 65B(1)[Sec.63(1)of BSA], together with the
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A. Section 84 1. Presumption as to requisite certificate Under Section
books, maps, and 65B(4)[Sec.63(4)of BSA], . It was held in case
charts. (a) Shafhi Mohammad v. State of Himachal
B. Section 89 2. Presumption as to Pradesh
power of attorney (b) Arjun Panditrao Khotkar vs. Kailash
C. Section 81 3. Presumption as to Kushanrao Gorantyal
Gazettes in Electronic (c) Vikram Singh and Ors. v. State of Punjab
or Digital Form
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(d) Tomaso Bruno v. State of U.P


D. Section 82 4. Presumption as to
99. Burden of introducing evidence under Section 105
plans made by
of BSA, 2023:
Government
authority. (a) Shifts at times (b) Never shift
(c) Constantly shifts (d) None of these
Codes: 100. During re-examination of a witness:
A B C D (a) A new matter can be introduced as a matter
(a) 2 3 1 4 of right generally.
(b) 4 1 3 2 (b) A new matter can be introduced only with the
(c) 2 1 3 4 permission of the court.
(d) 4 3 1 2 (c) No new matter can be introduced at all
94. Consider the following statements and mark the
correct option- (d) Either (a) or (c)

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