Bharatiya Sakshya Adhiniyam, 2023 :30 tricky multiple-choice questions (21–50)-PART2
Tricky multiple-choice questions (21–50) with answers and explanations based on the Bharatiya Sakshya Adhiniyam, 2023:
⚖️ Tricky Questions on Bharatiya Sakshya Adhiniyam, 2023 (Contd.)
PART E: Estoppel & Witnesses
-
A tenant denying the title of the landlord is barred under which principle?
A. Res judicata
B. Admission
C. Estoppel
D. Confession
✅ Answer: C
🔍 Section 122: Estoppel of tenant and licensee. -
Who among the following is not a competent witness under Section 124?
A. Blind person
B. Child of 5 years
C. Deaf and mute person who cannot communicate
D. Accused person
✅ Answer: C -
Spouses are competent witnesses against each other:
A. In all cases
B. In civil proceedings only
C. Only in cases involving cruelty or assault
D. In cases specified under Section 126
✅ Answer: D -
Communication during marriage is:
A. Inadmissible even after divorce
B. Admissible if spouse permits
C. Not privileged
D. Admissible in civil cases
✅ Answer: A -
Which communication is protected under professional privilege?
A. Communication from journalist to source
B. Client to advocate in course of duty
C. Accused’s confession to police
D. Statements made in FIR
✅ Answer: B
PART F: Examination of Witnesses
-
Which is the correct order of witness examination?
A. Cross → Re-exam → Chief
B. Chief → Cross → Re-exam
C. Cross → Chief → Re-exam
D. Chief → Re-exam → Cross
✅ Answer: B -
Leading questions are generally not permitted during:
A. Cross-examination
B. Re-examination
C. Chief-examination
D. Both B and C
✅ Answer: D -
Cross-examination of a person producing a document is allowed:
A. Never
B. Only if he is a party
C. Yes, under Section 144
D. Only if Court allows
✅ Answer: C -
Hostile witness is cross-examined by:
A. Opposing counsel
B. Court
C. Party calling him
D. Police
✅ Answer: C -
Refreshing memory is allowed under which section?
A. 148
B. 152
C. 162
D. 158
✅ Answer: C
PART G: Documentary Evidence & Electronic Records
-
Certified copy of public document is:
A. Inadmissible
B. Primary evidence
C. Secondary evidence
D. Not admissible without proof
✅ Answer: C -
Electronic agreement has presumption of validity under Section:
A. 85
B. 86
C. 84
D. 90
✅ Answer: A -
Presumption as to electronic records 5 years old is under Section:
A. 92
B. 93
C. 90
D. 91
✅ Answer: B -
Presumption of genuineness of Electronic Signature Certificate is under:
A. Section 88
B. Section 87
C. Section 86
D. Section 84
✅ Answer: B -
Proof of execution of attested document requires:
A. Attestation by Court
B. Two attesting witnesses
C. At least one attesting witness
D. No witness
✅ Answer: C
PART H: Exclusion of Oral Evidence
-
Terms of a written contract cannot be proved orally under Section:
A. 94
B. 95
C. 93
D. 102
✅ Answer: A -
When a document appears ambiguous, evidence may be given to explain under:
A. Section 94
B. Section 96
C. Section 98
D. Section 99
✅ Answer: B -
When language applies to one of two persons, oral evidence is admissible under:
A. 99
B. 100
C. 101
D. 97
✅ Answer: A -
Oral evidence can never override:
A. Secondary evidence
B. Electronic records
C. Written agreements
D. Admissions
✅ Answer: C -
Agreement to vary terms of document may be proved by:
A. Witness only
B. Party to agreement
C. Person who saw execution
D. Party or their representative under Section 102
✅ Answer: D
PART I: Miscellaneous & General Presumptions
-
Which is not a conclusive proof under BSA?
A. Legitimacy of birth during marriage
B. Presumption of suicide abetment
C. Proof of title by judgment in rem
D. Ownership by possession
✅ Answer: D -
Opinion of expert in electronic evidence must come from:
A. Police IT cell
B. Examiner of Electronic Evidence
C. Any cyber expert
D. Court-appointed engineer
✅ Answer: B -
Entries in books of account are admissible only if:
A. In triplicate
B. Supported by oral testimony
C. Maintained regularly
D. Signed by CA
✅ Answer: C -
Entries in public record are relevant if made by:
A. Any person
B. Public servant in discharge of duty
C. Court official only
D. Advocate
✅ Answer: B -
Statements in maps/plans published by Govt. are:
A. Hearsay
B. Inadmissible
C. Relevant
D. Not trustworthy
✅ Answer: C
PART J: Advanced Concepts
-
Inadmissibility of improperly admitted evidence results in:
A. Re-trial
B. Automatic reversal
C. No new trial unless it has caused miscarriage of justice
D. Nullity of trial
✅ Answer: C (Section 169) -
Judgment in rem is:
A. Always irrelevant
B. Conclusive only inter partes
C. Conclusive as to legal status
D. Never conclusive
✅ Answer: C -
Fact judicially noticeable need not be proved under:
A. Section 51
B. Section 52
C. Section 53
D. Section 54
✅ Answer: A -
Judgments obtained by fraud are:
A. Still binding
B. Irrelevant
C. Can be challenged under Section 38
D. Valid until appeal
✅ Answer: C -
Confession of co-accused is relevant only if:
A. Given before police
B. Made to Magistrate
C. Accused are tried jointly
D. Trial is over
✅ Answer: C
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