Topic-wise test series on the Bharatiya Sakshya Adhiniyam, 2023 to help you prepare for the Judicial Services Preliminary Examination

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Topic-wise test series on the Bharatiya Sakshya Adhiniyam, 2023 to help you prepare for the Judicial Services Preliminary Examination.

🔍 Topic-Wise MCQs on Bharatiya Sakshya Adhiniyam, 2023

📌 Topic 1: Relevancy of Facts (Sections 3-50)

  1. A is accused of bribing a government official. The prosecution introduces evidence that A had previously bribed another official. Is this admissible?
    a) Yes, because it establishes a pattern of behavior
    b) No, because prior misconduct is not relevant
    c) Yes, but only if the previous act was prosecuted
    d) No, because character evidence is inadmissible

    ✅ Answer: a) Yes, because it establishes a pattern of behavior
    🔹 Explanation: Under Section 13, prior similar incidents may be relevant if they help prove whether an act was accidental or intentional.

  1. A is on trial for theft. The prosecution presents evidence that A was caught committing a similar theft a year ago. Is this admissible?
    a) Yes, because it shows A’s criminal nature
    b) No, because it is prejudicial and irrelevant
    c) Yes, if it establishes intent under Section 13
    d) No, unless A was convicted of the previous theft

    ✅ Answer: c) Yes, if it establishes intent under Section 13
    🔹 Explanation: Evidence of similar past acts is relevant when intent, motive, or absence of mistake is in question.

📌 Topic 2: Confessions & Admissions (Sections 15-25)

  1. A is arrested for drug trafficking. The police officer records his confession. Is this admissible in court?
    a) Yes, because it was recorded
    b) No, because confessions to police are inadmissible under Section 23
    c) Yes, if made in front of a magistrate
    d) No, unless A repeats it in court

    ✅ Answer: b) No, because confessions to police are inadmissible under Section 23
    🔹 Explanation: Confessions to police are inadmissible unless made before a magistrate (Section 23), to prevent coercion.

  1. A confesses to a magistrate that he committed murder but later claims it was under duress. Will the court accept his confession?
    a) No, because confessions under coercion are inadmissible (Section 22)
    b) Yes, because it was made to a magistrate
    c) No, because all confessions can be retracted
    d) Yes, if the magistrate verified it was voluntary

    ✅ Answer: a) No, because confessions under coercion are inadmissible (Section 22)
    🔹 Explanation: Confessions made under inducement, threat, or coercion are inadmissible.

📌 Topic 3: Documentary & Electronic Evidence (Sections 56-103)

  1. A WhatsApp chat between two parties about a contract dispute is submitted in court. Under which section is this admissible?
    a) Section 85 – Presumption of electronic agreements
    b) Section 90 – Presumption of authenticity of electronic messages
    c) Section 61 – Electronic records are documents
    d) All of the above

    ✅ Answer: d) All of the above
    🔹 Explanation: Electronic messages, agreements, and records are recognized as documentary evidence.

  1. A submits a 25-year-old document as evidence. B challenges its authenticity. Which presumption applies?
    a) Section 92 – Presumption as to documents 30 years old
    b) Section 93 – Presumption as to electronic records 5 years old
    c) Section 79 – Presumption as to certified copies
    d) None, as presumption applies only after 30 years

    ✅ Answer: d) None, as presumption applies only after 30 years
    🔹 Explanation: A document is presumed genuine only if it is 30 years old or more (Section 92).

📌 Topic 4: Burden of Proof & Presumptions (Sections 104-120)

  1. A husband is accused of abetting his wife’s suicide. What is the presumption under the Act?
    a) He is presumed guilty unless proven otherwise (Section 117)
    b) No presumption applies
    c) He is presumed innocent unless the wife left a note
    d) The prosecution must prove guilt beyond doubt

    ✅ Answer: a) He is presumed guilty unless proven otherwise (Section 117)
    🔹 Explanation: Section 117 presumes a husband abetted a wife’s suicide if it occurred within 7 years of marriage.

  1. A person goes missing for 8 years. His family claims his property. What is presumed under the Act?
    a) He is presumed dead (Section 111)
    b) He is presumed alive until 10 years have passed
    c) His property cannot be transferred without proof
    d) The court will decide based on family testimony

    ✅ Answer: a) He is presumed dead (Section 111)
    🔹 Explanation: A person missing for 7+ years is presumed dead unless proven otherwise.

📌 Topic 5: Witnesses & Examination (Sections 124-160)

  1. A tenant is sued by his landlord for unpaid rent. In court, the tenant claims the landlord had agreed to waive the rent for six months. Can he deny the landlord’s ownership?
    a) Yes, if he has evidence
    b) No, due to estoppel under Section 122
    c) Yes, if the agreement was verbal
    d) No, because a tenant cannot challenge a landlord’s ownership

    ✅ Answer: b) No, due to estoppel under Section 122
    🔹 Explanation: A tenant cannot deny the landlord’s ownership while in possession of the property.

  1. A is testifying in court. The defense asks about his previous criminal record. Can the prosecution object?
    a) No, because past crimes are always relevant
    b) Yes, because character evidence is irrelevant in most cases
    c) No, unless the previous crime was of the same nature
    d) Yes, because witnesses cannot be cross-examined

✅ Answer: b) Yes, because character evidence is irrelevant in most cases
🔹 Explanation: A person’s past criminal record is not relevant unless it directly relates to the case.

📌 Final Challenge Questions

  1. A is accused of rape. The defense wants to introduce evidence of the victim’s previous relationships. Is this allowed?
    a) Yes, because it affects the issue of consent
    b) No, because Section 48 excludes past sexual history in rape cases
    c) Yes, if the victim had prior relations with the accused
    d) No, unless the prosecution consents

✅ Answer: b) No, because Section 48 excludes past sexual history in rape cases
🔹 Explanation: The victim’s past sexual history is inadmissible as evidence in rape cases.

  1. A judge interrupts a cross-examination and asks a witness a direct question. The defense objects. Is the judge’s action valid?
    a) No, because judges must remain neutral
    b) Yes, because the judge has the power to question witnesses (Section 168)
    c) No, unless both parties consent
    d) Yes, but only if the witness agrees to answer

✅ Answer: b) Yes, because the judge has the power to question witnesses (Section 168)
🔹 Explanation: Judges have the authority to clarify facts by directly questioning witnesses.

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