Questions (20 Marks) – Answer Given Below
1. The Bharatiya Sakshya Adhiniyam, 2023, applies to which of the following?
A. All judicial proceedings in or before any Court, excluding Courts-martial.
B. Proceedings before an arbitrator.
C. All judicial proceedings in or before any Court, including Courts-martial.
D. Affidavits presented to any Court or officer.
2. As per the BSA, 2023, to which of the following does the Act NOT apply?
A. Judicial proceedings before a Civil Court.
B. Proceedings before an arbitrator.
C. Proceedings before a Criminal Court.
D. Courts-martial proceedings.
3. The commencement date for the Bharatiya Sakshya Adhiniyam, 2023, shall be appointed by the:
A. Supreme Court of India.
B. President of India.
C. Central Government, by notification in the Official Gazette.
D. Parliament of India.
4. The title of the new Indian evidence law is:
A. Bharatiya Nyaya Sanhita, 2023.
B. Bharatiya Sakshya Adhiniyam, 2023.
C. Bharatiya Nagarik Suraksha Sanhita, 2023.
D. Indian Evidence Act, 2023.
5. Under Section 42 of the BSA, the opinion as to the existence of a general custom or right is relevant when it is the opinion of:
A. Any person who has heard about the custom.
B. Persons who would be likely to know of its existence if it existed.
C. The Court itself.
D. A gazetted officer of the State Government.
6. Which of the following is included in the expression “general custom or right” as per the Explanation to Section 42?
A. Custom or right specific to a single individual.
B. Customs or rights common to any considerable class of persons.
C. Opinions of legal experts on the custom.
D. Rights defined by a written contract.
7. As per the illustration to Section 42, the right of the villagers of a particular village to use the water of a particular well is categorized as:
A. A private contractual right.
B. A specific right.
C. A general right within the meaning of the section.
D. A constitutional right.
8. For an opinion on a general custom or right to be relevant under Section 42, the Court must be in the process of forming an opinion as to:
A. The validity of the custom.
B. The origin of the custom.
C. The existence of the general custom or right.
D. The punishment for violating the custom.
9. As per Section 54 of the BSA, which of the following facts may be proved by oral evidence?
A. The contents of documents.
B. All facts, except the contents of documents.
C. Only facts related to criminal proceedings.
D. Facts which are admitted by the opposing party.
10. Oral evidence is mandated to be direct in which of the following cases?
A. Only in civil cases.
B. Only in criminal cases.
C. In all cases whatever.
D. Only when documentary evidence is unavailable.
11. If oral evidence refers to a fact which could be seen, whose evidence must it be, to be considered direct?
A. The evidence of a witness who says they heard it.
B. The evidence of an expert who analyzed the fact.
C. The evidence of a witness who says they saw it.
D. The evidence of a person who holds an opinion about it.
12. If oral evidence refers to an opinion, whose evidence must it be, to be considered direct?
A. The evidence of the person who holds that opinion on those grounds.
B. The evidence of a witness who saw the opinion being formed.
C. The evidence of an impartial third-party.
D. The evidence of the author of a legal treatise.
13. Which of the following is a permissible exception to the rule of direct oral evidence regarding opinions?
A. Opinions of friends of the person giving evidence.
B. Opinions of experts expressed in a private letter.
C. Opinions of experts expressed in any treatise commonly offered for sale, under certain conditions.
D. Opinions of any person who is dead.
14. An expert’s opinion in a treatise may be proved by production of the treatise if the author has become:
A. A legal practitioner.
B. Incapable of giving evidence.
C. A witness in another case.
D. A judge of the Supreme Court.
15. Besides the author being dead, what other condition allows an expert’s treatise to be used without calling the author as a witness?
A. The author is on vacation.
B. The author cannot be found.
C. The treatise is more than 50 years old.
D. The treatise has been cited in a previous case.
16. The Court may require the production of any material thing, other than a document, for its inspection if the oral evidence refers to its:
A. Legal ownership.
B. Market value.
C. Existence or condition.
D. Date of purchase.
17. If oral evidence refers to a fact which could be heard, whose evidence must it be, to be considered direct?
A. The evidence of a witness who says he perceived it by any sense.
B. The evidence of a witness who says he heard it.
C. The evidence of an ear-witness only if they also saw the event.
D. The evidence of the person speaking.
18. When is it permissible to prove an expert opinion via the production of a treatise instead of calling the author as a witness?
A. When the author cannot be called without an amount of delay or expense which the Court regards as unreasonable.
B. When the author is a retired professor.
C. When the author has already submitted an affidavit.
D. When the opinion is favorable to the party producing it.
19. What does the second proviso to Section 55 allow the Court to require if oral evidence refers to a material thing other than a document?
A. The affidavit of the owner of the material thing.
B. The production of such material thing for its inspection.
C. A certificate from a Government laboratory.
D. Only a photograph of the material thing.
20. According to Section 55, if oral evidence refers to a fact which could be perceived by any other sense, it must be the evidence of a witness who says he perceived it by:
A. Any means necessary.
B. That sense or in that manner.
C. Only by sight or hearing.
D. An electronic device.
Part B: Answer Key
| Q. No. | Correct Answer | Provision Reference |
| 1. | C | Section 1(2) |
| 2. | B | Section 1(2) |
| 3. | C | Section 1(3) |
| 4. | B | Section 1(1) |
| 5. | B | Section 42 |
| 6. | B | Section 42 Explanation |
| 7. | C | Section 42 Illustration |
| 8. | C | Section 42 |
| 9. | B | Section 54 |
| 10. | C | Section 55 |
| 11. | C | Section 55(i) |
| 12. | A | Section 55(iv) |
| 13. | C | Section 55 Proviso 1 |
| 14. | B | Section 55 Proviso 1 |
| 15. | B | Section 55 Proviso 1 |
| 16. | C | Section 55 Proviso 2 |
| 17. | B | Section 55(ii) |
| 18. | A | Section 55 Proviso 1 |
| 19. | B | Section 55 Proviso 2 |
| 20. | B | Section 55(iii) |