- The term ‘sakshya’ refers to English word—Evidence.
- The term ‘evidence‘ is derived from the Latin word—Evidere.
- True/ False: The law relating to ‘evidence’ (Sakshya) is subject matter of which list of the 7th Schedule of the Indian Constitution—Concurrent List (Part-III).
- In terms of Article 246(2) of the Indian Constitution, the legislature (Union as well as State) has power to make law relating evidence under Entry No._______of the Concurrent List of the VIIth Schedule—Entry No.12
- Bharatiya Sakshya Adhiniyam (BSA) is Bill No.______of 2023—Bill No. 123.
- Bharatiya Sakshya Adhiniyam (BSA) is Act No.________of 2023—Act No.47.
- The BSA, 2023 was enacted on which date?—25-December-2023. (25th December is also observed as ‘good governance day’ in India)
- The BSA, 2023 was enforced on which date?—01- July- 2024.
- As per preamble of the BSA, 2023, the purpose of BSA is to—Consolidate and to provide for general rules and principles of evidence for fair trial.
- Bharatiya Sakshya Adhiniyam (BSA) consists of total_______Sections—170 Sections.
- Which is the predecessor Act/ law of Bharatiya Sakshya Adhiniyam, 2023 (BSA)—Indian Evidence Act, 1872 (IEA).
- The Indian Evidence Act, 1872 (IEA) was repealed by which Act?—Bharatiya Sakshya Adhiniyam (BSA), 2023.
- The term “evidence” (sakshya) has been defined under Section______of the BSA—Section 2(e).
- True/ False: An evidence may be given of Factum probandum & Factum probans—True.
- True/ False: The rules of evidence is based upon the “rules of relevancy” and not upon the “rules of logic”—True.
- In case the Hon’ble Supreme Court of India has issued guidelines as to DDTs (Deception Detection Test)?— Smt. Selvi & Ors vs. State of Karnataka.
- In the context of the Bharatiya Sakshya Adhiniyam, 2023, which principle refers to the rule that when a document or a statement is introduced as evidence, the whole document or statement must be considered, not just parts of it—”Principle of Entirety”.
- Giving false evidence or fabrication of evidence is a punishable offence under Chapter_______of the Bharatiya Nyaya Sanhita, 2023 (BNS)—Chapter XIV of BNS.
- True/ False: The phrase ‘Shall presume’ is a ‘rebuttable presumption of law’”—True.
- True/ False: In “Shall presume” the court has no discretion to presume a fact or not, but the court may accept evidence to rebut such presumption—True.
- True/ False: ‘Conclusive proof’ is an ‘irrebuttable presumption of law’—True.
- True/ False: A fact is said not to be proved when it is “neither proved nor disproved”—True.
- When, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist, such fact is said to be—Disproved.
- True/ False: The term fact includes physical facts (external facts) and psychological facts (internal facts) both—True.
- True/ False: Facts may be positive or negative both—True.
- True/ False: The existence of a certain state of things is a positive fact while the non-existence thereof is a negative fact—True.
- R. Vs. Richardson is a leading case on—Relevancy of facts.
- Section _____of the Bharatiya Sakshya Adhiniyam is based upon the principle of Res Gestae—Section 4 (corresponds to Section 6 of the Indian Evidence Act, 1872)
- Section_______of BSA, 2023 is based upon the “principle of alibi”—Section 9 (corresponds to Section 11 of the Indian Evidence Act, 1872)
- Any fact showing the existence of any state of mind, body or bodily feeling is relevant under Section_______of BSA, 2023—Section 12 (corresponds to Section 14 of the Indian Evidence Act, 1872)
- The “previous conviction” of the accused shall be a relevant fact under Explanation No.______ to S.12 of BSA—Explanation II to S.12 of BSA (corresponds to Explanation II to Section 14 of the Indian Evidence Act, 1872).
- Section 13 of BSA deals with the relevancy of facts which prove that whether an act was—Accidental (corresponds to Section 15 of the Indian Evidence Act, 1872).
- The term ‘admission’ is defined under Section______of BSA, 2023—Section 15. (corresponds to Section 17 of the Indian Evidence Act, 1872).
- The Latin maxim “interest reipublicae ut finis litium” means—It is in the interest of the state that there be an end to litigation.
- Which Section of the IEA is based upon the principle “interest reipublicae ut finis litium”—Section 21 (corresponds to Section 17 of the Indian Evidence Act, 1872).
- True/ False: Section 27 of BSA, 2023 provides that any “confessional statement” that leads to discovery of fact is relevant—False. [Because, it is under “proviso to Section 23” of BSA, 2023]
- Section ________of BSA, 2023 provides that any confessional statement that leads to discovery of fact is relevant—Proviso to Section 23. (corresponds to Section 27 of the Indian Evidence Act, 1872).
- Section ________of the BSA, 2023 deals with “Dying Declaration”—Section 26(a) [corresponds to Section 32(1) of the Indian Evidence Act, 1872].
- True/ False: Section 26 of BSA, 2023 is based upon the ‘rule of necessity/convenience’—True.
- True/ False: “Dying declaration” (DD) is a hearsay evidence (HSE)—True.
- True/ False: Dying declaration is applicable both in civil and criminal cases—True.
- True/ False: Under English law, DD is relevant in only criminal cases where the cause deaths is in question while in India admissible both in civil & criminal cases—True.
- True/ False: Under English law, the deceased should have completed his statement before dying whereas in India statement in substance is sufficient—True.
- Entries in books of account, regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire. It is so mandated under Section_________of the Bharatiya Sakshya Adhiniyam, 2023 —Section 28 (corresponds to Section 34 of the Indian Evidence Act, 1872).
- An entry in any public/other official book/register/record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, such book, register or record is kept, is itself a relevant fact. It is so mandated under Section_________of the Bharatiya Sakshya Adhiniyam, 2023—Section 29 (corresponds to Section 35 of the Indian Evidence Act, 1872).
- Which Section of the BSA, 2023 provides that statements of facts in issue or relevant facts, made in published maps/charts/ generally offered for public sale, or in maps or plans made under the authority of the Central/State Government, such maps, charts or plans are themselves relevant facts—Section 30 (corresponds to Section 36 of the Indian Evidence Act, 1872).
- Relevancy of statements as to any law contained in law-books of “Foreign Country” is mandated under Section_________of the Bharatiya Sakshya Adhiniyam, 2023—Section 32 (corresponds to Section 38 of the Indian Evidence Act, 1872).
- True/ False: When evidence to be given of statement forms part of a conversation/document/electronic record/book/series of letters/papers, only the relevant part that is necessary for the full understanding of the document/books etc. shall be produced as evidence—True. (Refer Section 33 of BSA, 2023-corresponds to Section 39 of the Indian Evidence Act, 1872).
- The Latin expression “Res-Judicata” means—a matter that has been adjudicated (decided) by a competent court shall not be re-litigated further by the same parties.
- Section ______of the BSA is based upon the principle of res-judicata—Section 34. (corresponds to Section 40 of the Indian Evidence Act, 1872).
- True/ False: The Code of Civil Procedure (C.P.C.) and Cr.P.C. both bars a second trial of a person once tried and convicted— True.
- Section________provides for relevancy of certain judgments inmatrimonial/admiralty(warclaims)/probate/insolvency(MAPI)—Section 35. (corresponds to Section 41 of the Indian Evidence Act, 1872).
- Judgments passed by incompetent court or was obtained by fraud/collusion are not relevant. It is mandated under—Section 38. (corresponds to Section 44 of the Indian Evidence Act, 1872).
- Section ______of the BSA, 2023 deals with the relevancy and admissibility of “expert opinion”—Section 39. (corresponds to Section 45 of the Indian Evidence Act, 1872).
- An evidence by tracker dogs comes into the category of ‘scientific evidence’ and it was so held by the Bombay HC in which case—Abdul Razzak vs. State (1969)
- When the Court has to form an opinion as to the “electronic signature” of any person, the opinion of the _____________ which has issued the Electronic Signature Certificate is a relevant fact—Certifying Authority. [Refer Section 41(2) of BSA, 2023]
- Section 43 of the BSA, 2023 talks of relevancy of opinions as to—Usages, tenets etc. (corresponds to Section 49 of the Indian Evidence Act, 1872).
- True/ False: Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant—True.
- Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. It is so provided under which Section of BNS—Section 45
- True/ False: An expert may give an account of experiments performed by him for the purpose of forming his opinion—True.
- True/ False: The Bharatiya Sakshya Adhiniyam, 2023 (BSA) does not define the term “character”—True.
- Sections 46 of Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with relevancy of character in which category of cases—Civil cases. (corresponds to Section 52 of the Indian Evidence Act, 1872).
- Sections 47 & 49 of Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with relevancy of character in which category of cases—Criminal cases. (corresponds to Sections 53 & 54 of the Indian Evidence Act, 1872)
- In criminal cases accused’s good character is—Relevant.
- In criminal cases accused’s previous bad character—Irrelevant.
- True/ False: The general rule is that in criminal cases accused’s good character is relevant (Section 47 of BSA) and previous bad character is irrelevant (Section 49 of BSA) in criminal cases—True.
- True/ False: The previous bad character becomes relevant to rebut evidence of good character—True. (MPAPO-2000)
- True/ False: The previous bad character becomes relevant where the accused’s bad character is itself a fact in issue—True.(UPHJS-2012)
- Section _____ of BSA, 2023 provides that the facts which are “judicially noticeable” need not be proved—Section 51. (corresponds to Sections 55 of the Indian Evidence Act, 1872)
- Which Section of BSA, 2023 empowers the Court shall take judicial notice of certain facts(r/w Section 87-A of the CPC, 1908)—Section 52. (corresponds to Sections 57 of the Indian Evidence Act, 1872).
- Section 52 of BSA, 2023 enumerates a list of total _______sets of facts of which the court shall take judicial notice—Twelve (12) Sets.
- All laws in force in the territory of Indiais a judicially noticeable facts under Section______of the BSA, 2023—Section 52.
- The existence, title and national flag of every State or Sovereign recognized by the Government of Indiais a judicially noticeable facts under Section______of the BSA, 2023—Section 52.
- The territories India is a judicially noticeable fact under which sub-clause of Section 52(1) of the BSA, 2023—Sub-clause(i) of Section 52(1).
- True/ False: The rule of the road on land or at sea is a judicially noticeable facts under Section 52 of the BSA, 2023—True.
- True/ False: All facts, except the contents of documents or electronic record, may be proved by Oral Evidence (OE)—True.
- Section _______of BSA, 2023 provides that all facts, except the contents of documents or electronic record, may be proved by Oral Evidence (OE)—Section 54. (corresponds to Section 59 of the Indian Evidence Act, 1872).
- Section _______of BSA, 2023 provides that oral evidence (OE) must be direct—Section 55.(corresponds to Sections 60 of the Indian Evidence Act, 1872).
- True/ False: Oral evidence is used in juxtaposition to derivative or hearsay evidence—True.
- True/ False: A witness who can not speak may communicate his knowledge of the fact by sign or by writing and in either case it will be regarded as—Oral Evidence.
- Section 61 of BSA, 2023 talks of—Electronic or Digital Record.
- Which Section of BSA, 2023 provides that an electronic or digital record shall have the same legal effect, validity and enforceability as other document—Section 61.
- Section 66 of BSA, 2023 lays down general rule that if a document is required by law to be attested, it shall not be used as evidence until at least_________ attesting witness at least has been called for the purpose of proving its execution—One.
- True/ False: The Baharatiya Sakshya Adhiniyam (BSA), 2023 does not define the term “attestation”—True.
- True/ False: Attestators must not be party to the transfer or executing documents—True.
- True/ False: The attestator can only sign after the execution of the legal instrument/document is complete—True.
- If the attesting witness denies the execution of document, then its execution may be proved by—Other evidence. [Refer Section 70 of BSA, 2023]
- Sections 74 of the BSA, 2023 defines—“public documents” and “private documents” (corresponds to definition respectively under Sections 74 & 75 of the Indian Evidence Act, 1872).
- True/ False: The private documents which are registered on public offices also become public documents—True.
- True/ False: The plaint & written statement are Private Documents—True.(MP Law Officer Exam-2018/ Bihar APO Exam-2021)
- Acts, orders or notifications of the Central Government/ State Government/ Crown Representative may be proved by—Certified Copy. [Refer Section 75]
- Proof of by certified copy of public documents is permissible as—Secondary Evidence.
- Which Section of the BSA, 2023 deals with the presumption as to genuineness of certified copy of documents?—Section 78. (corresponds toSection 79 of the Indian Evidence Act, 1872).
- Presumption as to legitimacy of birth is dealt with under Section _______of BSA—Section 116. (corresponds to Sections 112 of the Indian Evidence Act, 1872).
- Section_______ of BSA, 2023deals with the presumption by court as to existence of certain facts—Section 119. (corresponds to Sections 114 of the Indian Evidence Act, 1872).
- Which Section of the BSA, 2023 deals with the presumption as to “absence of consent” in certain prosecution for rape—Section 120.
- The law of evidence includes presumption of—Law & Facts both.
- Which Section of the BSA, 2023 deals with the presumption of “continuance of life”—Section 110 (corresponds to Sections 107 of the Indian Evidence Act, 1872).
- Which Section of the BSA, 2023 deals with the “presumption of death”—Section 111 (corresponds to Sections 108 of the Indian Evidence Act, 1872).
- There is a presumption of death in case a person is unheard for “seven years”. It is so provided under—Section 111 (corresponds to Sections 108 of the Indian Evidence Act, 1872).
- True/ False: The principle of estoppels is used as a shield and not as sword—True.
- True/ False: No bailee or licensee shall be permitted to deny that at the time when the bailment or licence commenced, his bailor or licensor had authority to make such bailment or grant such licence—True. [Refer Section 123 of the BSA, 2023]
- Provisions as to witness “unable to communicate verbally” is contained under Section _______of BSA, 2025—Section 125 (corresponds to Sections 119 of the Indian Evidence Act, 1872).
- True/ False: A “sterling witness” is a legal term referring to a witness whose testimony is considered exceptionally reliable and credible, to the point where it can be accepted at face value without the need for corroboration by other evidence—True.
- Which section of the Bahratiya Sakshya Adhiniyam, 2023 (BSA) deals with the Attorney-client privileges?—Section 134 (corresponds to Sections 119 of the Indian Evidence Act, 1872).
- The term ‘Hostile Witness’ (HW) has not been used in Indian law. However, Section _________deals with HW—Section 157 (corresponds to Sections 154 of the Indian Evidence Act, 1872).
- Which Section of the BSA, 2023 provides that mere improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, unless admission or rejection of such evidence has the capacity to affect the decision/merit of the case—Section 169. (corresponds to Sections 167 of the Indian Evidence Act, 1872).
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