Multiple-Choice Questions (MCQs) based on the Bharatiya Sakshya Adhiniyam, 2023 for Judicial Services Preliminary Examination preparation:

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Here are Multiple-Choice Questions (MCQs) based on the Bharatiya Sakshya Adhiniyam, 2023 for Judicial Services Preliminary Examination preparation:

MCQs on Bharatiya Sakshya Adhiniyam, 2023

1. General Provisions & Definitions

  1. What is the scope of the Bharatiya Sakshya Adhiniyam, 2023?
    a) Applies only to civil cases
    b) Applies only to criminal cases
    c) Applies to all judicial proceedings except affidavits and arbitrations
    d) Applies only to special courts

    ✅ Answer: c) Applies to all judicial proceedings except affidavits and arbitrations

  2. Which of the following is included in the definition of "Evidence" under this Act?
    a) Oral statements only
    b) Documentary evidence only
    c) Oral, documentary, and electronic evidence
    d) Only statements made before a Magistrate

    ✅ Answer: c) Oral, documentary, and electronic evidence

  3. According to the Act, which of the following is considered a "Document"?
    a) Printed or written material
    b) Electronic record such as emails, server logs
    c) Maps and plans
    d) All of the above

    ✅ Answer: d) All of the above

2. Relevancy of Facts (Sections 3-50)

  1. Under the Bharatiya Sakshya Adhiniyam, which section deals with the admissibility of facts forming part of the same transaction?
    a) Section 4
    b) Section 15
    c) Section 25
    d) Section 32

    ✅ Answer: a) Section 4

  2. Which section of the Act deals with "Motive, Preparation & Previous or Subsequent Conduct"?
    a) Section 6
    b) Section 10
    c) Section 15
    d) Section 23

    ✅ Answer: a) Section 6

  3. A statement made by a person about the cause of their own death is known as?
    a) Hearsay Evidence
    b) Judicial Notice
    c) Dying Declaration
    d) Confession

    ✅ Answer: c) Dying Declaration (Section 26)

  4. Which of the following confessions is inadmissible in court?
    a) Confession made to a police officer
    b) Confession made voluntarily before a Magistrate
    c) Confession made under threat but later repeated voluntarily
    d) None of the above

    ✅ Answer: a) Confession made to a police officer (Section 23)

3. Documentary & Electronic Evidence (Sections 56-103)

  1. Under the Bharatiya Sakshya Adhiniyam, what is the primary difference between Primary and Secondary Evidence?
    a) Primary evidence is direct, secondary is indirect
    b) Primary evidence is always admissible, secondary is not
    c) Secondary evidence is better than primary evidence
    d) There is no difference

    ✅ Answer: a) Primary evidence is direct, secondary is indirect

  2. Which section of the Act deals with the admissibility of electronic records?
    a) Section 61
    b) Section 63
    c) Section 85
    d) Section 90

    ✅ Answer: b) Section 63

  3. Which of the following is presumed valid under the Act?
    a) Electronic agreements
    b) Certified copies of public documents
    c) Digital signatures
    d) All of the above

✅ Answer: d) All of the above (Sections 74-87)

4. Burden of Proof (Sections 104-120)

  1. Who bears the burden of proof in a criminal case?
    a) Defendant
    b) Police Officer
    c) Prosecution
    d) Court

✅ Answer: c) Prosecution (Section 104)

  1. If a person is missing for 7 years and has not been heard of, what is presumed under the Act?
    a) He is presumed to be dead
    b) He is presumed to be alive
    c) No presumption can be made
    d) The court must seek witness testimony

✅ Answer: a) He is presumed to be dead (Section 111)

  1. In cases of dowry death, what is the presumption?
    a) The husband and in-laws are presumed guilty
    b) The death was accidental
    c) The woman committed suicide
    d) No presumption is made

✅ Answer: a) The husband and in-laws are presumed guilty (Section 118)

5. Witnesses & Examination (Sections 124-160)

  1. Who is competent to testify under the Bharatiya Sakshya Adhiniyam, 2023?
    a) Any person unless legally disqualified
    b) Only people above 18 years of age
    c) Only government officers
    d) Only people related to the case

✅ Answer: a) Any person unless legally disqualified (Section 124)

  1. Which section provides that a judge may put questions to witnesses?
    a) Section 140
    b) Section 150
    c) Section 168
    d) Section 170

✅ Answer: c) Section 168

  1. Which of the following statements about cross-examination is correct?
    a) Leading questions can be asked
    b) Witnesses cannot be contradicted
    c) A witness cannot be asked about previous statements
    d) No questions about credibility can be raised

✅ Answer: a) Leading questions can be asked (Section 146)

6. Special Provisions on Electronic Evidence & Estoppel (Sections 85-123)

  1. Under which section is the validity of an electronic signature presumed?
    a) Section 73
    b) Section 85
    c) Section 87
    d) Section 90

✅ Answer: c) Section 87

  1. What does estoppel mean under the Bharatiya Sakshya Adhiniyam?
    a) A person cannot contradict earlier statements if another relied on them
    b) A witness can be stopped from testifying
    c) A person cannot be tried for the same offence twice
    d) None of the above

✅ Answer: a) A person cannot contradict earlier statements if another relied on them (Section 121)

Final Challenge Question

  1. Which of the following statements is true regarding the Bharatiya Sakshya Adhiniyam, 2023?
    a) It replaces the Indian Evidence Act, 1872
    b) It does not apply to electronic evidence
    c) It applies only to civil courts
    d) It does not allow digital signatures as evidence

✅ Answer: a) It replaces the Indian Evidence Act, 1872


Here are scenario-based MCQs on the Bharatiya Sakshya Adhiniyam, 2023, along with detailed explanations for the answers:

Scenario-Based MCQs on Bharatiya Sakshya Adhiniyam, 2023

1. Relevancy of Facts (Sections 3-50)

1. A is accused of murdering B. The prosecution wants to admit evidence that A had purchased a knife a week before the murder. Under which section of the Act is this evidence relevant?
a) Section 5 – Facts which are occasion, cause or effect of facts in issue
b) Section 6 – Motive, preparation and previous/subsequent conduct
c) Section 10 – Facts relevant in suits for damages
d) Section 34 – Previous judgments relevant

✅ Answer: b) Section 6 – Motive, preparation and previous/subsequent conduct
🔹 Explanation: Evidence of preparation, such as purchasing a weapon before committing a crime, is relevant as it helps establish the accused’s intention or plan.

2. A is charged with robbing a bank in Mumbai on June 5. He presents evidence that he was in Delhi on June 5. Which principle of evidence law makes this relevant?
a) Section 4 – Same transaction doctrine
b) Section 9 – Facts not otherwise relevant become relevant
c) Section 22 – Confessions under inducement, threat, or coercion
d) Section 27 – Relevancy of statements made under special circumstances

✅ Answer: b) Section 9 – Facts not otherwise relevant become relevant
🔹 Explanation: Facts that are inconsistent with a fact in issue (such as A’s presence in another city) become relevant because they make the existence of the crime improbable.

3. A is on trial for arson. The prosecution submits evidence that A had previously set fire to another building five years ago. Is this relevant under the Act?
a) Yes, because it shows A has a habit of committing arson (Section 13)
b) No, because prior bad acts are never relevant (Section 49)
c) Yes, because it shows intent and a pattern of behavior (Section 13)
d) No, because only electronic evidence is admissible (Section 61)

✅ Answer: c) Yes, because it shows intent and a pattern of behavior (Section 13)
🔹 Explanation: When an act is in question (accidental or intentional), evidence of similar past occurrences by the accused may be relevant to prove intent.

2. Confession & Admissions (Sections 15-25)

4. A is arrested for theft. While in police custody, he confesses to the crime. The confession is recorded by the police officer. Is this confession admissible?
a) Yes, because it was made voluntarily
b) No, because it was made to a police officer (Section 23)
c) Yes, but only if it was made in writing
d) No, unless the confession was made in court

✅ Answer: b) No, because it was made to a police officer (Section 23)
🔹 Explanation: Confessions made to police officers are inadmissible to prevent coercion or forced confessions. However, if it leads to the discovery of a fact (e.g., stolen goods), that part may be admissible.

5. A and B are jointly tried for a murder. A confesses in court, stating, “B and I planned and killed C.” Can the court consider this confession against B?
a) No, because confessions are admissible only against the person making them
b) Yes, because confessions in a joint trial can be used against co-accused (Section 24)
c) No, because B has not confessed himself
d) Yes, but only if B also confesses later

✅ Answer: b) Yes, because confessions in a joint trial can be used against co-accused (Section 24)
🔹 Explanation: A confession by one accused can be considered against another if they are tried together for the same offence.

3. Documentary & Electronic Evidence (Sections 56-103)

6. A contract between X and Y was executed electronically via email. Later, Y denies ever signing the contract. Which section of the Act helps in proving its authenticity?
a) Section 61 – Electronic or digital records
b) Section 66 – Proof of electronic signature
c) Section 85 – Presumption of electronic agreements
d) All of the above

✅ Answer: d) All of the above
🔹 Explanation: The Act recognizes electronic agreements (Sec 85), electronic records as documents (Sec 61), and electronic signatures (Sec 66) as admissible.

7. A WhatsApp chat between two business partners is submitted as evidence in a contract dispute. The chat is stored on a digital device. Under which section is this admissible?
a) Section 61 – Electronic records are documents
b) Section 87 – Presumption of electronic signature certificates
c) Section 90 – Presumption of authenticity of electronic messages
d) Section 10 – Facts tending to enable the court to determine damages

✅ Answer: c) Section 90 – Presumption of authenticity of electronic messages
🔹 Explanation: Electronic messages (e.g., WhatsApp, emails) are presumed authentic unless proven otherwise.

4. Burden of Proof & Presumptions (Sections 104-120)

8. A woman dies due to burns within 4 years of her marriage. The prosecution claims it was dowry death. Under which section is there a presumption against the husband and in-laws?
a) Section 117 – Presumption of abetment of suicide
b) Section 118 – Presumption of dowry death
c) Section 116 – Birth during marriage, conclusive proof of legitimacy
d) Section 122 – Estoppel of tenant and licensee

✅ Answer: b) Section 118 – Presumption of dowry death
🔹 Explanation: If a woman dies due to burns, bodily injuries, or unnatural circumstances within 7 years of marriage, and it is proved that she faced dowry-related harassment, the court presumes it as dowry death unless rebutted.

9. A landlord sues a tenant, claiming that rent was unpaid. The tenant argues that the landlord had agreed to waive rent for 6 months. Under which section will the court not allow the tenant to deny the previous agreement?
a) Section 121 – Estoppel
b) Section 122 – Estoppel of tenant and licensee
c) Section 123 – Estoppel of acceptor of bill of exchange
d) Section 150 – Cross-examination rules

✅ Answer: b) Section 122 – Estoppel of tenant and licensee
🔹 Explanation: A tenant cannot deny the landlord's title or past agreements while in possession of the property.

5. Witnesses & Examination (Sections 124-160)

10. A judge is hearing a murder case. The accused refuses to testify. Can the court compel him to give evidence?
a) Yes, under Section 124
b) No, under the right against self-incrimination (Section 137)
c) Yes, if the judge believes he is guilty
d) No, unless he confesses voluntarily

✅ Answer: b) No, under the right against self-incrimination (Section 137)
🔹 Explanation: An accused cannot be compelled to testify against himself.

Final Challenge Question

11. A is tried for rape. The defense wants to introduce evidence that the victim had previous sexual relationships. Under which section will the court reject this evidence?
a) Section 48 – Character evidence not relevant in certain cases
b) Section 50 – Character affecting damages
c) Section 104 – Burden of Proof
d) Section 115 – Presumption as to certain offences

✅ Answer: a) Section 48 – Character evidence not relevant in certain cases
🔹 Explanation: The victim’s past sexual history is irrelevant in rape cases under Section 48.


Here are more advanced scenario-based MCQs on the Bharatiya Sakshya Adhiniyam, 2023, tailored for Judicial Services Preliminary Examination preparation:

MCQs on Bharatiya Sakshya Adhiniyam, 2023

1. Relevancy of Facts & Same Transaction (Sections 3-50)

  1. A is accused of a hit-and-run accident. The prosecution presents evidence that A fled the scene after the incident. Is this evidence admissible?
    a) No, because flight is not conclusive proof of guilt
    b) Yes, under Section 6, as part of conduct before/after the crime
    c) No, because a person may flee due to fear and not guilt
    d) Yes, but only if A had confessed to someone about the accident

    ✅ Answer: b) Yes, under Section 6, as part of conduct before/after the crime
    🔹 Explanation: Conduct before or after a crime, such as fleeing, concealing evidence, or acting suspiciously, is relevant in establishing intent or guilt.

  1. A sues B for defamation due to a newspaper article. B claims the statement was true. The court considers previous articles written by B about A. Are these relevant?
    a) No, because only the present article is in question
    b) Yes, under Section 12, as it shows B’s intention and state of mind
    c) No, unless A has already won a case against B
    d) Yes, but only if B’s past articles were criminally defamatory

    ✅ Answer: b) Yes, under Section 12, as it shows B’s intention and state of mind
    🔹 Explanation: Previous statements or writings showing motive, intention, or a pattern of defaming A are relevant under Section 12.

2. Admissions & Confessions (Sections 15-25)

  1. A and B are charged with conspiracy. During interrogation, A confesses but B remains silent. Can A’s confession be used against B?
    a) No, confessions apply only to the person making them
    b) Yes, if both are tried jointly (Section 24)
    c) Yes, but only if B was present when A confessed
    d) No, unless B also confesses later

    ✅ Answer: b) Yes, if both are tried jointly (Section 24)
    🔹 Explanation: In a joint trial, a confession by one accused implicating another can be considered against both.

  1. A is charged with theft. While in police custody, he leads the officers to the stolen property and says, “I stole this.” Which part of his statement is admissible?
    a) The entire statement
    b) Only the part about the discovery of stolen property
    c) Only if A repeats it in court
    d) None, as it was made in police custody

    ✅ Answer: b) Only the part about the discovery of stolen property
    🔹 Explanation: Under Section 23, confessions to police officers are inadmissible, but any part of a statement that leads to the discovery of evidence is admissible.

3. Documentary & Electronic Evidence (Sections 56-103)

  1. A emails B an offer for a business deal. B accepts via WhatsApp. Later, B denies ever agreeing. What section makes this digital communication admissible?
    a) Section 61 – Electronic or digital record
    b) Section 85 – Presumption as to electronic agreements
    c) Section 90 – Presumption as to electronic messages
    d) All of the above

    ✅ Answer: d) All of the above
    🔹 Explanation: Emails, WhatsApp messages, and digital communications are recognized as documentary evidence under Sections 61, 85, and 90.

  1. A submits a 20-year-old contract in court. B challenges its authenticity. What section helps A prove its genuineness?
    a) Section 92 – Presumption as to documents 30 years old
    b) Section 93 – Presumption as to electronic records 5 years old
    c) Section 86 – Presumption as to electronic signatures
    d) Section 79 – Presumption as to certified copies

    ✅ Answer: b) Section 93 – Presumption as to electronic records 5 years old
    🔹 Explanation: Electronic records that are at least 5 years old are presumed authentic unless proven otherwise.

4. Burden of Proof & Presumptions (Sections 104-120)

  1. A is found dead in suspicious circumstances. His wife was seen arguing with him a day before. The prosecution claims she murdered him. Who bears the burden of proof?
    a) The wife, to prove her innocence
    b) The prosecution, to prove guilt beyond reasonable doubt
    c) The court, to investigate independently
    d) The police, to file a charge sheet

    ✅ Answer: b) The prosecution, to prove guilt beyond reasonable doubt
    🔹 Explanation: The burden of proof always lies on the party making an allegation, i.e., the prosecution in criminal cases.

  1. A woman dies of burns within 3 years of marriage. The prosecution claims it was a dowry death. What is the presumption under the Act?
    a) The husband and in-laws are presumed guilty unless proven otherwise
    b) No presumption is made unless the husband confesses
    c) The case is treated as an accident unless proven otherwise
    d) The police must first file a dowry case separately

    ✅ Answer: a) The husband and in-laws are presumed guilty unless proven otherwise (Section 118)
    🔹 Explanation: Dowry deaths within 7 years of marriage trigger a legal presumption against the husband and in-laws.

5. Witnesses & Examination (Sections 124-160)

  1. A wife is called as a witness in a criminal case against her husband. Under what circumstances can she be compelled to testify?
    a) In any case, as all persons are competent witnesses
    b) Only in cases of offences against her (e.g., domestic violence)
    c) Never, as spousal privilege applies
    d) Only if the husband gives consent

    ✅ Answer: b) Only in cases of offences against her (e.g., domestic violence) (Section 126)
    🔹 Explanation: Spouses are competent witnesses but cannot be compelled to testify against each other, except in cases involving offences against the spouse.

  1. A judge asks a witness an unexpected question during trial. The defense objects, stating the judge cannot interfere. Is the objection valid?
    a) Yes, because judges must remain neutral
    b) No, because the judge has the power to question witnesses (Section 168)
    c) Yes, unless the prosecution consents
    d) No, unless the witness is under cross-examination

✅ Answer: b) No, because the judge has the power to question witnesses (Section 168)
🔹 Explanation: Judges have the authority to put questions to witnesses to clarify evidence.

Final Challenge Question

  1. A man is tried for rape. His lawyer wants to introduce evidence of the victim’s past sexual history to argue consent. Is this allowed?
    a) Yes, because prior sexual history affects credibility
    b) No, because character evidence is irrelevant in such cases (Section 48)
    c) Yes, if the victim had previous relations with the accused
    d) No, unless the victim consents to such evidence being presented

✅ Answer: b) No, because character evidence is irrelevant in such cases (Section 48)
🔹 Explanation: The victim’s previous sexual history is not admissible as evidence in cases of sexual offences.



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