Bharatiya Sakshya Adhiniyam, Witnesses & Examination of Witnesses (Set 3)

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Witnesses & Examination of Witnesses (Set 3)

Q1. Under BSA, who is considered a competent witness?

A. Only persons above 18 years.
B. Only persons who are literate and understand law.
C. Every person is competent to testify unless the Court considers them incapable of understanding questions or giving rational answers.
D. Only parties to the suit.

Answer: C
Explanation: BSA follows the same standard as IEA — every person is competent unless incapable of understanding questions or giving rational answers due to mental or physical conditions.

Q2. A witness is asked a question in cross-examination to test his veracity. This is permissible under:

A. Re-examination
B. Section on Hostile Witness
C. Cross-examination provisions
D. Section on Leading Questions

Answer: C
Explanation: In cross-examination, questions to test the credibility and character of the witness are allowed under BSA.

Q3. Which of the following statements is true about leading questions?

A. Leading questions are allowed during examination-in-chief.
B. Leading questions are never allowed.
C. Leading questions are allowed during cross-examination without restriction.
D. Leading questions are allowed only with the permission of the opposite party.

Answer: C
Explanation: Leading questions are generally not allowed in examination-in-chief unless permitted by the Court, but they are allowed freely in cross-examination.

Q4. A hostile witness is:

A. One who refuses to answer any question.
B. One who contradicts their earlier statement or shows bias.
C. One who supports the party calling him.
D. One who is declared guilty of perjury.

Answer: B
Explanation: A hostile witness is someone who turns against the party that called them by either showing bias or contradicting earlier statements. The Court must declare a witness hostile before cross-examination by the calling party is allowed.

Q5. Under BSA, re-examination is used to:

A. Ask new questions unrelated to the cross-examination.
B. Test the witness's credibility again.
C. Clarify matters arising from cross-examination.
D. Cross-examine another party’s witness.

Answer: C
Explanation: Re-examination is strictly to clarify points raised in cross-examination, not to introduce new subject matter.

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