50 tricky multiple-choice questions (MCQs) based on the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023)

50 tricky multiple-choice questions (MCQs) based on the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023), with answers and explanations. These are crafted to test nuanced understanding and practical interpretation, especially useful for judicial services and legal exams.

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⚖️ Tricky Questions on Bharatiya Sakshya Adhiniyam, 2023

PART A: Relevancy of Facts

1. Which of the following is not relevant under Section 6 as conduct?
   A. A complaint made after a crime.
   B. Mere statement of having been robbed.
   C. Immediate reaction to being assaulted.
   D. Running away after being accused in public.
   ✅ Answer: B
   🔍 Explanation: A statement without complaint (Section 6, Illustrations j & k) is not conduct under Section 6.

2. Facts forming part of the same transaction are admissible even if:
   A. They are hearsay.
   B. They occurred at different places.
   C. They occurred at different times.
   D. All of the above.
   ✅ Answer: D

3. Under Section 8, conspiracy can be proved even if the conspirator:
   A. Was unaware of other acts.
   B. Joined late.
   C. Left before completion.
   D. All of the above.
   ✅ Answer: D

4. What kind of facts are relevant under Section 9?
   A. Facts inconsistent with facts in issue.
   B. Facts that make a fact in issue highly probable.
   C. Both A and B.
   D. Neither A nor B.
   ✅ Answer: C

5. What is the relevancy of an absconding accused under Section 6?
   A. Always admissible.
   B. Only if absconding is unexplained.
   C. Depends on proximity to crime.
   D. Admissible to prove guilt directly.
   ✅ Answer: C

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PART B: Admissions & Confessions

6. Confession to a police officer is inadmissible unless:
   A. It is made voluntarily.
   B. It is made before a Magistrate.
   C. It is not recorded.
   D. It is reduced in writing.
   ✅ Answer: B

7. Admission made by a person referred to for information by a party is admissible under:
   A. Section 15
   B. Section 18
   C. Section 16
   D. Section 17
   ✅ Answer: B

8. Admission of a third party can be used against a party to the suit if:
   A. The party expressly referred to them.
   B. They were present during admission.
   C. They signed a document together.
   D. They are co-accused.
   ✅ Answer: A

9. In criminal cases, confession is relevant only if:
   A. Made voluntarily.
   B. Made in custody before a police officer.
   C. Made under promise of secrecy.
   D. Made under inducement.
   ✅ Answer: A

10. Admission is not conclusive proof but may operate as:
    A. Presumption.
    B. Estoppel.
    C. Precedent.
    D. Direction.
    ✅ Answer: B

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PART C: Documentary & Oral Evidence

11. Primary evidence refers to:
    A. Certified copies.
    B. The document itself.
    C. Oral admissions.
    D. Copies made on carbon.
    ✅ Answer: B

12. When can secondary evidence be given?
    A. When original is lost.
    B. When original is with opponent and notice is given.
    C. When document is bulky.
    D. All of the above.
    ✅ Answer: D

13. Under BSA, “electronic record” includes all except:
    A. SMS
    B. Emails
    C. Postcards
    D. Server logs
    ✅ Answer: C

14. Section 66 requires proof of:
    A. Attesting witness.
    B. Handwriting.
    C. Electronic signature.
    D. Thumb impression.
    ✅ Answer: C

15. Presumption as to 30-year-old documents applies when:
    A. It is produced from proper custody.
    B. Its author is unknown.
    C. It is not attested.
    D. It is in a foreign language.
    ✅ Answer: A

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PART D: Burden of Proof

16. Burden of proof in criminal trial is on prosecution except when:
    A. Accused claims alibi.
    B. Case falls under exceptions.
    C. Victim turns hostile.
    D. Investigation is incomplete.
    ✅ Answer: B

17. Presumption of legitimacy arises if a child is born:
    A. After 180 days of marriage.
    B. During marriage.
    C. Within 280 days after dissolution and mother is unmarried.
    D. Both B and C.
    ✅ Answer: D

18. Burden of proving existence of a fact especially within one’s knowledge lies on:
    A. Court
    B. Accused
    C. Plaintiff
    D. Person who asserts it
    ✅ Answer: D

19. When is presumption of dowry death applicable?
    A. Death occurs in 10 years.
    B. Woman was treated cruelly soon before death.
    C. Death is natural.
    D. All of the above.
    ✅ Answer: B

20. Court shall presume absence of consent in rape if:
    A. Victim is under 12.
    B. She denies consent in court.
    C. The act occurred at night.
    D. The accused is a public servant.
    ✅ Answer: B