THE BHARATIYA SAKSHYA ADHINIYAM, 2023
(MOST IMPORTANT MCQ’s)
1.) “ A Confession is an admission made at any time by a person charged with crime stating or suggesting the inference
that he committed that crime” who has given this definition.
(a) Stephen
(b) Atkin
(c) Macaulay
(d) Millet.
Ans. (a)
2.) Bharatiya sakshya Adhiniyam, 2023 consists of:
(a) 12 chapters 170 sections
(b) 11 chapters 4 schedules
(c) 12 chapters 167 sections
(d) 11 chapters 5 schedules
Ans. (a)
3.) The First Bill of Bharatiya sakshya Adhiniyam,was introduced in the Lok sabha on which date:-
(a) 11 April, 2023
(b) 11 may, 2023
(c) 11 August, 2023
(d) 11 September, 2023
Ans. (c)
4.) “Evidence ” means and includes:-
(a) Documentary evidence
(b) Ocular evidence
(c) Both ocular and documentary evidence
(d) Ocular evidence based on documentary evidence only
Ans. (c)
5.) Which of the following is not a“fact”?
(a) Mental condition
(b) Relation of things
(c) state of things
(d) None of the above
Ans. (d)
6.) Facts Alleged by one party and denied by the other in a case, are called as :-
(a) positive facts
(b) Negative facts
(c) Relevant facts
(d) Fact in issue
Ans. (d)
7.) On which date the Bharatiya sakshya Adhiniyam, 2023, received the assent of the president.-
(a) 1 April,2023
(b) 1 May, 2023
(c) 25 August, 2023
(d) 25 December, 2023
Ans. (d)
8.)“A is tried for murder of B intentionally beating him with a club causing his death, which of the following facts in
issue.
(a) A’s beating B with a club.
(b) A’s causing B’s death by such beating.
(c) A’s intention to cause B’s death
(d) All the above
Ans. (d)
9.) The Bharatiya sakshya Adhiniyam, 2023 is:
(a) lex tallienis
(b) lex fori
(c) lex loci solutions
(d) lex situs.
Ans. (b)
10.)The Bharatiya Sakshya Adhiniyam, 2023 is :
(a) a substantive law
(b) an adjective law
(c) both (a) & (b)
(d) neither (a) nor (b)
Ans. (b)
11.) Proof of a fact depends on
(a) accuracy of the statement and not upon the probability of its existence.
(b) not upon the accuracy of the statement but upon the probability of its existence.
(c) artificial probative value assigned to a fact
(d) rigid mathematical demonstration.
Ans. (b)
12.) The facts which form part of the same transaction are relevant
(a) under section 4 of The Bharatiya Sakshya Adhiniyam, 2023
(b) under section 5 of The Bharatiya Sakshya Adhiniyam, 2023
(c) under section 6 of The Bharatiya Sakshya Adhiniyam, 2023
(d) under section 7 of The Bharatiya Sakshya Adhiniyam, 2023
Ans. (a)
13.) Res Gestae is allowed as an exception to:-
(a) Confession
(b) Dying declaration
(c) Hearsay evidence
(d) Documentary evidence
Ans. (c)
14.) 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 section of the Bharatiya Sakshya Adhiniyam,
2023?
(a) section 4
(b) section 5
(c) section 9
(d) section 10
Ans. (b)
15.) The conduct of accused is relevant under:-
(a) section 6
(b) section 7
(c) section 8
(d) section 9
Ans. (a)
16.) Identification of a suspect by photo is
(a) admissible in evidence
(b) not admissible in evidence
(c) The suspect must be present
(d) Both (b) & (c)
Ans. (a)
17.) Standard of proof in:-
(a) civil and criminal cases is the same
(b) criminal cases is much more higher than in civil cases
(c) criminal case is lower than in civil cases
(d) either (a) or (c) are correct
Ans. (b)
18.) Things said or done by a conspirator in reference to the common design is relevant
(a) under section 12 of Bharatiya Sakshya Adhiniyam,2023
(b) under section 6 of Bharatiya Sakshya Adhiniyam,2023
(c) under section 10 of Bharatiya Sakshya Adhiniyam, 2023
(d) under section 8 of Bharatiya Sakshya Adhiniyam, 2023
Ans. (d)
19.) Principle of “ ALIBI” is indirectly covered in the Bharatiya Sakshya Adhiniyam, 2023 under-
(a) section 6
(b) section 8
(c) section 9
(d) section 11
Ans. (c)
20.) The Question is, Whether A committed a crime at Mumbai on a certain day? The fact that on that day A was at
chennai, is relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
(a) section 9
(b) section 10
(c) section 11
(d) section 12
Ans. (a)
21.) In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages
which ought to be awarded, is relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
(a) section 9
(b) section 10
(c) section 11
(d) section 12
Ans. (b)
22.) Which section deals with “ Facts relevant when right or custom is in question?
(a) section 8
(b) section 9
(c) section 10
(d) section 11
Ans. (d)
23.) Section 12 of the Bharatiya Sakshya Adhiniyam, 2023 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
Ans. (c)
24.) Under section 12 of Bharatiya Sakshya Adhiniyam -Explanation 1.
(a) evidence of general disposition, habit or tendencies is inadmissible
(b) evidence having a distinct and immediate reference to the particular matter in question is admissible
(c) both (a) & (b) are correct
(d) both (a) & (b) are incorrect.
Ans. (c)
25.) Which section of Bharatiya Sakshya Adhiniyam, 2023, deals with “Facts bearing on question whether an act was
accidental or intentional”?
(a) section 10
(b) section 12
(c) section 13
(d) section 15
Ans. (c)
26.) Which of the following provision of the Bharatiya Sakshya Adhiniyam, 2023 defines the term ‘ Admission ’?
(a) section 15
(b) section 16
(c) section 19
(d) section 20
Ans. (a)
27.) Admission is :-
(a) an oral statement
(b) a documentary statement
(c) contained in electronic form
(d) All of the above
Ans. (d)
28.) Admissions by persons whose position must be proved as against the party to suit dealt under…
(a) section 15
(b) section 16
(c) section 17
(d) section 18
Ans. (c)
29.) Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or
promise has, in the opinion of the court, been fully removed, it is relevant under section
(a) section 22(1),proviso
(b) section 23(1)
(c) section 24
(d) section 25
Ans. (a)
30.) Under which section of the Bharatiya Sakshya Adhiniyam, 2023,confession before police is not admissible :-
(a) section 23
(b) section 32
(c) section 20
(d) section 21
Ans. (a)
31.) Proviso to section 23 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)
Ans. (b)
32.) If an accused voluntarily consents for Brain mapping and Narco Analysis, then such information is relevant under
which section of the Bharatiya Sakshya Adhiniyam, 2023?
(a) section 23(1)
(b) section 23(2)
(c) section 23 ( proviso )
(d) section 24
Ans. (c)
33.) Under section 24 of the Bharatiya Sakshya Adhiniyam, 2023,confession of one accused is admissible evidence against
co-accused if-
(a) They are tried jointly for the same offences
(b) They are tried jointly for different offences
(c) They are tried separately for the same offences
(d) They are tried separately for the cognate offences
Ans. (a)
34.) The correct position of Law of Evidence 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
Ans. (d)
35.) 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 such a statement.
(b) That the person making the statement was under the expectation of death
(c) That it relates to the circumstances of the transaction which resulted in his death.
(d) All of these
Ans. (b)
36.) A dying declaration is admissible :-
(a) only in criminal proceedings
(b) only in civil proceedings
(c) in civil as well as criminal proceedings both
(d) in criminal proceeding only & not in civil proceedings.
Ans. (c)
37.) “ Hearsay evidence is no evidence ” which one of the following is an exception to the above rule under the
Bharatiya Sakshya Adhiniyam, 2023?
(a) section 26
(b) section 23
(c) section 12
(d) section 21
Ans. (a)
38.) Entries in books of account are relevant under section………… of the Bharatiya Sakshya Adhiniyam, 2023.
(a) section 25
(b) section 26
(c) section 27
(d) section 28
Ans (d)
39.) The principle of “ Res judicata” has been incorporated in the Bharatiya Sakshya Adhiniyam, 2023,under section…..
(a) section 33
(b) section 34
(c) section 144
(d) section 145
Ans. (b)
40.) Which of the following section of the Bharatiya Sakshya Adhiniyam, 2023 deals with “Relevancy of statements in
maps, charts and plans ”?
(a) section 29
(b) section 30
(c) section 32
(d) section 33
Ans. (b)
41.) Which kind of jurisdiction is not mentioned under section 35 of the Bharatiya sakshya Adhiniyam, 2023:-
(a) probate
(b) Admiralty
(c) Insolvency
(d) Revenue
Ans. (d)
42.) A is charged with theft and with having been previously convicted of theft. The previous conviction is…..
(a) relevant
(b) irrelevant
(c) conclusive proof
(d) None of these
Ans (a)
43.) Fraud or collusion in obtaining judgment, or incompetency of court, may be proved under section….
(a) section 35
(b) section 36
(c) section 37
(d) section 38
Ans. (d)
44.) Opinion of an expert under section 39 of the Bharatiya sakshya Adhiniyam, 2023-
(a) is a conclusive proof
(b) is not a conclusive proof
(c) is supportive & corroborative in nature
(d) is not admissible
Ans. (c)
45.) In which of the following subjects an expert is competent to testify?
(a) Foreign law
(b) Matter of science
(c) Question of Art
(d) All of these
Ans. (d)
46.) The opinion of the examiner of electronic evidence is a relevant fact under which provision of the Bharatiya
Sakshya Adhiniyam, 2023.
(a) section 39(1)
(b) section 39(2)
(c) section 22(1)
(d) section 22(2)
Ans. (b)
47.) Which section of the Bharatiya Sakshya Adhiniyam 2023,deals with “Opinion as to usages, tenets, etc. ”
(a) section 41
(b) section 43
(c) section 45
(d) section 46
Ans. (b)
48.) Under section 49 of the Bharatiya Sakshya Adhiniyam, 2023,previous bad character is irrelevant, but becomes
relevant if-
(a) The bad character of a person is itself a fact
(b) The bad character of a person is itself a fact-in-issue
(c) The bad character is evidence to a previous conviction
(d) Both (b) and (c)
Ans. (d)
49.) “ Character as affecting damages ” has been discussed in which one of the following sections?
(a) section 50
(b) section 51
(c) section 52
(d) section 53
Ans. (a)
50.) The term “ character ” as explained in section 50 of the Bharatiya Sakshya Adhiniyam, 2023,means :-.
(a) Good and bad character
(b) Reputation and disposition of general nature
(c) Reputation formed on the basis of particular disposition
(d) Character in a criminal act
Ans. (b)
51.) Under the Bharatiya Sakshya Adhiniyam 2023,which of the following facts need not be proved?
(a) All laws in force in India
(b) The territory of India
(c) Proceedings of Parliament and Legislative Assemblies of India
(d) All of them
Ans. (d)
52.) All facts, except the contents of documents may be proved by:-
(a) Primary evidence
(b) Secondary evidence
(c) Oral evidence
(d) Circumstantial evidence
Ans. (c)
53.) Oral evidence to be:-
(a) Direct
(b) Indirect
(c) either Direct or Indirect
(d) All of the above.
Ans. (a)
54.) Under the Bharatiya Sakshya Adhiniyam, 2023,the contents of a document may be proved :-
(a) by primary evidence only
(b) by secondary evidence only
(c) neither by primary nor by secondary evidence
(d) either by primary or by secondary evidence
Ans. (d)
55.) Section 57 of the Bharatiya Sakshya Adhiniyam, 2023,deals with………
(a) Primary evidence
(b) Secondary evidence
(c) proof of documents by primary evidence
(d) Cases in which secondary evidence relating to documents may be given
Ans. (a)
56.) Primary evidence of a document means:-
(a) It’s certified copy
(b) it’s Xerox copy
(c) Document itself
(d) Authenticated copy
Ans. (c)
57.) Which of the following section of the Bharatiya Sakshya Adhiniyam, 2023 deals with “ Secondary Evidence ”?
(a) section 52
(b) section 56
(c) section 58
(d)section 59
Ans. (c)
58.) A photograph of an original is
(a) Secondary evidence
(b) Primary evidence
(c) Oral evidence
(d) None of the above
Ans. (a)
59.) Which section of the Bharatiya Sakshya Adhiniyam, 2023 deals with the cases wherein secondary evidence relating to
documents may be given?
(a) section 50
(b) section 57
(c) section 58
(d) section 60
Ans. (d)
60.) Provision of “ Electronic or digital record ”is dealt under..
(a) section 60
(b) section 61
(c) section 62
(d) section 63
Ans. (b)
61.) Admissibility of electronic record has been prescribed under which of the following sections of the Bharatiya
Sakshya Adhiniyam, 2023?
(a) section 60
(b) section 61
(c) section 62
(d) section 63
Ans. (d)
64.) Section 66 of the Bharatiya Sakshya Adhiniyam, 2023 deals with?
(a) proof as to electronic signature
(b) proof of execution of document required by law to be attested
(c) Electronic or digital record
(d) cases in which secondary evidence relating to documents may be given
Ans. (a)
65.) For the purpose of proving a registered ‘will’ it shall be necessary to call:-
(a) all the attesting witnesses
(b) one attesting witness at least
(c) one attesting witness and the scribes of the will
(d) one attesting witness and the registering officer
Ans. (b)
66.) If the attesting witness denies or does not recollect the execution of the documents, its execution may be proved
by :-
(a) oral evidence
(b) secondary evidence
(c) primary evidence
(d) other evidence
Ans. (d)
67.) An attested document not required by law to be attested :-
(a) Has to be necessarily proved by examining an attesting witness.
(b) may be proved as if it was unattested
(c) Is inadmissible in evidence
(d) can only be proved by examining the executant
Ans. (b)
68.) Which of the following section of Bharatiya Sakshya Adhiniyam, 2023, defines public documents?
(a) section 34
(b) section 35
(c) section 74
(d) section 78
Ans. (c)
69.) Under the Bharatiya Sakshya Adhiniyam, 2023,which of the following is not a public document?
(a) An order issuing a search warrant
(b) A crop cutting report by a collector
(c) order of competent authority fixing prices of commodities
(d) plaint or written statement in a suit
Ans. (d)
70.) Presumption as to genuineness of certified copies of documents is stated in section…… Of the Bharatiya Sakshya
Adhiniyam, 2023.
(a) section 76
(b) section 77
(c) section 78
(d) section 75
Ans. (c)
71.) Which of the following section of the Bharatiya Sakshya Adhiniyam 2023,deals with “presumption as to Gazettes,
newspapers, and other documents ”?
(a) section 77
(b) section 78
(c) section 79
(d) section 80
Ans. (d)
72.) Presumption as to electronic records and electronic signatures is provided under which section of the Bharatiya
Sakshya Adhiniyam, 2023?
(a) section 65
(b) section 85
(c) section 88
(d) section 86
Ans. (d)
73.) Execution of document may be presumed if the document is to be old :
(a) Ten years
(b) Twenty years
(c) Thirty years
(d) Forty years
Ans. (c)
74.) Under the Bharatiya Sakshya Adhiniyam, 2023,for raising presumption in respect of an electronic record that
electronic signature on the record which purports to be that of any particular person was so affixed by him the record
shall be-
(a) 3 years old
(b) 6 years old
(c) 5 years old
(d) 10 years old
Ans. (c)
75.) Section 94 of the Bharatiya Sakshya Adhiniyam, 2023 :-
(a) permits admission of oral evidence to prove the contents of a document where the writing is a fact in issue
(b) prohibits admission of oral evidence to prove the contents of a document, where the writing is a fact in issue
(c) prohibits admission of oral evidence to prove the contents of a document where the writing is not a fact in issue
and is merely a collateral memorandum
(d) both (b) &(c)
Ans. (b)
76.) Section 95 of the Bharatiya Sakshya Adhiniyam, 2023 applies to:-
(a) Bilateral documents
(b) unilateral documents
(c) Both (a) and (b)
(d) Either (a) and (b)
Ans. (a)
77.) Burden of proof under section 104 of the Bharatiya Sakshya Adhiniyam, 2023:-
(a) never shifts
(b) goes on shifting as the trial proceeds
(c) may shift
(d) both (b) and (c)
Ans. (a)
78.) Burden of proof is lightened by-
(a) presumption
(b) Admissions
(c) Estoppel
(d) All the above
Ans. (d)
79.) In criminal proceedings, the burden of proof is:-
(a) on the prosecution to prove the guilt of the accused
(b) on the accused to prove his innocence
(c) on both the parties
(d) court decides on whom the burden of proof lies
Ans. (a)
80.) The burden of proof in case of ‘plea of alibi’ is-
(a) on the prosecution
(b) on the accused
(c) investigation agency
(d) None of these
Ans. (b)
81.) ‘Presumption of life’ is contained in :-
(a) section 106
(b) section 107
(c) section 108
(d) section 110
Ans. (d)
82.) In law, a man is presumed to be dead if he is not heard of as alive for:-
(a) 4 years
(b) 7 years
(c) 10 years
(d) 15 years
Ans. (b)
83.) Which section of the Bharatiya Sakshya Adhiniyam, 2023 deals with “presumption as to certain offences”?
(a) section 110
(b) section 114
(c) section 115
(d) section 118
Ans. (c)
84.) Legitimacy of a child born during the lawful wedlock is presumed under section….. of the Bharatiya Sakshya
Adhiniyam, 2023
(a) section 112
(b) section 113
(c) section 114
(d) section 116
Ans. (d)
85.) Presumption under section 117 of the Bharatiya Sakshya Adhiniyam, 2023 pertains to-
(a) Dowry death
(b) custodial death
(c) Abatement of suicide by a married woman
(d) Absence of consent in certain prosecutions for rape
Ans. (c)
86.) Under section 117 of the Bharatiya Sakshya Adhiniyam, 2023 the court……….. Presume?
(a) may
(b) shall
(c) must
(d) none
Ans. (a)
87.) Under section 118 of the Bharatiya Sakshya Adhiniyam, 2023,the court…….. Presume?
(a) may
(b) must
(c) shall
(d) none
Ans.(c)
88.) In which section of the Bharatiya Sakshya Adhiniyam, 2023,presumption as to dowry death is mentioned?
(a) section 119
(b) section 114
(c) section 118
(d) section 116
Ans. (c)
89.) The doctrine of estoppel is a –
(a) substantive law
(b) rule of equity
(c) rule of evidence
(d) law of pleadings
Ans. (c)
90.) All persons are competent to testify unless the court considers that they are prevented from understanding the
questions put to them because of:-
(a) tender years
(b) extreme old age
(c) mental disease
(d) All the above
Ans. (d)
91.) A dumb person is a competent witness as provided under-
(a) section 118
(b) section 123
(c) section 125
(d) section 127
Ans. (c)
92.) Which of the following is not a competent witness?
(a) Deaf
(b) Minor
(c) Mentally retarded
(d) Dumb
Ans. (c)
93.) Which section of the Bharatiya Sakshya Adhiniyam, 2023, removes the bar of doctrine that husband and wife are one
person in law?
(a) section 122
(b) section 124
(c) section 126
(d) section 128
Ans. (c)
94.) Which one of the following is not privileged communication?
(a) Matrimonial communication
(b) Paternal communication
(c) professional communication
(d) Official communication
Ans. (b)
95.) Section 130 of the Bharatiya Sakshya Adhiniyam, 2023 provides for privileges in respect of :-
(a) Official communication
(b) Professional communication
(c) Communication as to the information of commission of offence
(d) None of the above
Ans. (a)
96.) The professional communication between an advocate and his client can be disclosed before the court :-
(a) with the consent of the client
(b) without the consent of the client if made in furtherance of any illegal purpose
(c) without the consent of the client if the advocate comes to know that any crime or fraud has been committed since the
commencement of his employment
(d) All of the above
Ans. (d)
97.) Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 is related to-
(a) Number of witnesses
(b) Accomplice
(c) Oral evidence
(d) Relevancy of facts
Ans. (b)
98.) How many witnesses are required to prove a fact?
(a) Two
(b) One
(c) At least one eye witness and complainant
(d) No particular number
Ans. (d)
99.) Admissibility of evidence is to be decided by-
(a) the parties to a trial
(b) the judge
(c) the public prosecutor
(d) the advocates of the parties
Ans. (b)
100.) The term ‘Examination -in-chief” has been defined in the Bharatiya Sakshya Adhiniyam, 2023 in :-
(a) section 137
(b) section 138
(c) section 139
(d) section 142
Ans. (d)
101.) The examination of a witness by the adverse party shall be called his:-
(a) examination -in-chief
(b) cross-examination
(c) re-examination
(d) examination on facts
Ans. (b)
102.) Which of the following section of the Bharatiya Sakshya Adhiniyam, 2023 deals with “cross -examination of a person
called to produce a document ”?
(a) section 137
(b) section 138
(c) section 142
(d) section 144
Ans. (d)
103.) Any questions suggesting the answer is called :-
(a) oral question
(b) special question
(c) Leading question
(d) Hearsay question
Ans. (c)
104.) Hostile witness is one who –
(a) Does not tell the truth
(b) Gives statement against the opposite party
(c) Gives statement against the party who called him as a witness
(d) is not desirous to tell truth, and gives testimony against the party who called him as a witness in his favour
Ans. (d)
105.) Under the Bharatiya Sakshya Adhiniyam, 2023, provision about “Impeaching credit of witness” is dealt under..
(a) section 155
(b) section 156
(c) section 158
(d) section 159
Ans. (c)
106.) Under which one of the following sections of the Bharatiya Sakshya Adhiniyam, 2023, a witness under examination
gets the right to refresh his memory?
(a) section 161
(b) section 162
(c) section 163
(d) section 164
Ans. (b)
107.) Under the Bharatiya Sakshya Adhiniyam, 2023 power of the court to suo moto examine any person at any stage is
under :-
(a) section 163
(b) section 164
(c) section 168
(d) section 169
Ans. (c)