Bharatiya Sakshya Adhiniyam, 2023, Documentary & Electronic Evidence (Set 2)

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Documentary & Electronic Evidence (Set 2)

Q1. Under the BSA, which of the following statements about primary evidence is correct?

A. It refers to oral testimony of a person who has seen the document.
B. It refers to secondary copies like photocopies or scanned images.
C. It refers to the document itself produced for the inspection of the court.
D. It refers to any document, even if not original.

Answer: C
Explanation: Primary evidence under BSA means the original document itself presented in court. This is the best evidence rule.

Q2. As per the Bharatiya Sakshya Adhiniyam, secondary evidence is admissible in which of the following cases?

A. When the original is easily available.
B. When the party simply prefers not to produce the original.
C. When the original is lost or destroyed and proper explanation is given.
D. When the document is a public document.

Answer: C
Explanation: Secondary evidence is allowed when the original has been lost, destroyed, or is otherwise not available for valid reasons.

Q3. What is the rule regarding electronic signatures under BSA?

A. They are not recognized as valid.
B. They are valid only in international contracts.
C. They are valid and admissible if they meet the prescribed authentication conditions.
D. They must be handwritten to be valid.

Answer: C
Explanation: BSA gives legal recognition to electronic records and electronic signatures provided they are authenticated as per law.

Q4. Under BSA, a certificate under Section 65B is:

A. Necessary to prove oral admissions.
B. A must to prove electronic records produced as secondary evidence.
C. Required for proving public documents.
D. Needed to cross-examine a witness.

Answer: B
Explanation: Section 65B (retained from IEA) requires a certificate when electronic evidence is presented in secondary form (like a copy from a computer or server).

Q5. Which of the following is a public document under BSA?

A. A private agreement between two persons.
B. A rent receipt signed between landlord and tenant.
C. A judgment of a court.
D. A company’s private memo.

Answer: C
Explanation: Judgments, decrees, and orders of courts are considered public documents and are admissible without further proof.


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