Bharatiya Sakshya Adhiniyam (BSA) MCQs for Law Aspirants: Solved High-Quality MCQs for Judiciary Prelims

Bharatiya Sakshya Adhiniyam (BSA) – Solved High-Quality MCQs for Judiciary Prelims

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Bharatiya Sakshya Adhiniyam (BSA) MCQs

Q.1) As per the preamble of Bharatiya Sakshya Adhiniyam, 2023 the purpose of Act is?

[A] To consolidate and define the law of evidence

[B] To Consolidate and to provide for general rules and principles of evidence for fair trial

[C] To establish procedural laws for criminal trials

[D] To consolidate and establish law for court and court martial

Q.2) Who was responsible for drafting the Bhartiya Sakshya Adhiniyam, 2023?

[A] Law Commission of India

[B] Ministry of Home Affairs

[C] Supreme Court of India

[D] Parliamentary Standing Committee

Q.3) The Bhartiya Sakshya Adhiniyam, 2023, aims to address issues related to?

[A] Simplification of procedural law

[B] Modernization of Evidence related provisions

[C] Decriminalization of minor offences

[D] Both A & B

Q.4) Fact as defined under Section 2 of Bharatiya Sakshya Adhiniyam 2023 includes

[A] Internal Facts

[B] External Facts

[C] Only those facts which are capable of being perceived by senses

[D] Both internal and external facts

Q.5) An affidavit filed by a party suo motu :

[A] cannot be termed as evidence

[B] can be termed as evidence

[C] discretion lies to court

[D] Depend upon circumstances

Q.6) To which of the following proceedings does the Bharatiya Sakshya Adhiniyam, 2023 apply?

[A] Affidavits presented to any court or officer

[B] Proceedings before an arbitrator

[C] Judicial proceedings before any Court

[D] the whole of India excluding State of Jammu and Kashmir

Q.7) The Bharatiya Sakshya Adhiniyam, 2023 does not apply to:

[A] Judicial proceedings in any Court

[B] Affidavits presented to a Court or officer

[C] Courts-martial

[D] Proceedings in criminal cases

Q.8) What does Section 1 in the short title of both the IEA and BSA explicitly exclude from their applicability?

[A] Judicial proceedings in criminal cases

[B] Proceedings before arbitrators

[C] Affidavits presented to any Court or officer and Proceedings before arbitrators

[D] Proceedings before a civil court

Q.9) When does the Bharatiya Sakshya Adhiniyam, 2023 come into force?

[A] On the date it is passed by the Parliament

[B] On the date the Central Government notifies in the Official Gazette

[C] On 3rd November 2023

[D] Immediately after receiving Presidential assent

Q.10) On which date did the Bharatiya Sakshya Adhiniyam, 2023 receive Presidential assent?

[A] 15th August 2023

[B] 28th September 2023

[C] 3rd November 2023

[D] 28th October 2023

Q.11) Match the following definitions: 1. Not proved. a.S.2(d) 2. Relevant. b. S2.(k) 3. Fact. c. S.2(i) 4. Document. d. S.2(f)

[A] 1-b , 2-a, 3- d, 4-c

[B] 1-d, 2-a, 3-c, 4-b

[C] 1-c, 2-b, 3-d, 4-a

[D] 1-d, 2-b, 3-c, 4-a

Q.12) In which case did the Indian courts apply the principle of res ipsa loquitur (the thing speaks for itself), which might be analogous to the provisions under Section 2(1)(b) of the BSA, 2023 regarding conclusive proof?

[A] Kishore Singh v. State of Rajasthan

[B] M.C. Mehta v. Union of India

[C] Mirza Akbar v. Union of India

[D] Shyam Sundar v. State of UP

Q.13) Under the Bharatiya Sakshya Adhiniyam, 2023, which of the following is NOT included in the definition of a "document"?

[A] A caricature

[B] A photograph

[C] Spoken words not recorded

[D] An electronic record of emails

Q.14) What does the term "conclusive proof" mean under the Bharatiya Sakshya Adhiniyam, 2023?

[A] A fact is proved unless rebutted

[B] A fact is proved, and no evidence is allowed to disprove it.

[C] A fact is not proved or disproved.

[D] A fact may be presumed as proved.

Q.15) Which is NOT an example of "evidence" under the Bharatiya Sakshya Adhiniyam, 2023?

[A] A witness's oral statement

[B] Server logs presented to the court

[C] A lawyer's opinion presented in arguments

[D] A letter produced in court

Q.16) What is a "fact in issue" as per the Bharatiya Sakshya Adhiniyam, 2023?

[A] A fact related to the relevancy of other facts

[B] A fact asserted or denied that determines rights or liabilities in a case

[C] A fact proved conclusively by the court

[D] A fact presumed to exist under law

Q.17) Which of the following statements is correct about "disproved"?

[A] It means a fact is neither proved nor disproved.

[B] It means the court finds the fact does not exist or considers its non-existence probable.

[C] It is equivalent to "not proved."

[D] It applies only to documentary evidence.

Q.18) Which of the following is a unique feature of the Bharatiya Sakshya Adhiniyam 2023, compared to the Indian Evidence Act, 1872?

[A] Definition of "relevant" remains unchanged

[B] Expanded scope of "oral evidence" to include electronic statements

[C] Removal of conclusive proof provisions

[D] Addition of new fact illustrations

Q.19) According to Section 2(2) of the Bharatiya Sakshya Adhiniyam, 2023, how should undefined terms in the Adhiniyam be interpreted?

[A] They will be given their common meanings

[B] They will be defined by the Supreme Court of India

[C] They will derive meanings from related statutes such as the Information Technology Act, 2000 the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023

[D] They will derive their meaning from the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023.

Q.20) Where is the term "evidence" defined under the Bharatiya Sakshya Adhiniyam, 2023?

[A] Section 1(2)

[B] Section 2(1)(d)

[C] Section 2(1)(e)

[D] Section 2(2)

Q.21) Which legal principle from the Indian Evidence Act, 1872, is comparable to the concept of "relevant" facts in Section 2(1)(k) of the Bharatiya Sakshya Adhiniyam, 2023?

[A] Nemo judex in causa sua

[B] In dubio pro reo

[C] Falsus in uno, falsus in omnibus

[D] Facta probanda

Q.22) What is the key difference in the definition of "document" under the Bharatiya Sakshya Adhiniyam, 2023, as compared to the Indian Evidence Act, 1872?

[A] Inclusion of electronic records only

[B] Inclusion of digital records such as server logs and locational evidence

[C] Removal of lithographed documents

[D] No difference

Q.23) Which legal maxim is most applicable to the concept of "conclusive proof" as defined under Section 2(1)(b) of the Bharatiya Sakshya Adhiniyam, 2023?

[A] Res ipsa loquitur

[B] Actus reus

[C] Ei incumbit probatio qui dicit, non qui negat

[D] Qui tacet consentire videtur

Q.24) What is the distinction between "may presume" and "shall presume" under the Bharatiya Sakshya Adhiniyam, 2023?

[A] "May presume" mandates proof; "shall presume" does not.

[B] "May presume" provides discretion; "shall presume" is mandatory.

[C] Both terms have the same meaning.

[D] "May presume" applies only to civil cases.

Q.25) Which section of the Bharatiya Sakshya Adhiniyam, 2023, includes the expanded definition of "document" to incorporate digital and electronic records?

[A] Section 2(1)(b)

[B] Section 2(1)(d)

[C] Section 2(2)

[D] Section 1(3)

Q.26) Which of the following is considered "oral evidence" under the Bharatiya Sakshya Adhiniyam, 2023?

[A] A video recording of a crime scene

[B] A written affidavit presented in court

[C] A witness's statement made electronically before the court

[D] A voice mail message stored on a smartphone

Q.27) Which of the following is an important distinction between "may presume" and "shall presume" as per Section 2(1)(h) and (l) of the Bharatiya Sakshya Adhiniyam?

[A] "May presume" gives the Court discretion to decide, whereas "shall presume" mandates that the Court treats a fact as proven unless disproven.

[B] "May presume" requires proof before making a presumption, whereas "shall presume" allows the Court to act without any evidence.

[C] Both "may presume" and "shall presume" give the Court complete discretion in deciding the facts.

[D] "May presume" allows for the disallowance of evidence, while "shall presume" eliminates any possibility of disproving a fact.

Q.28) Which of the following is an example of a "fact" under the Bharatiya Sakshya Adhiniyam, 2023?

[A] A document stored on a smartphone

[B] A person intending to commit a crime

[C] A photograph

[D] A statement made in court

Q.29) If a witness is unable to attend court due to illness and the testimony was recorded electronically, how would the court treat this evidence under the Bharatiya Sakshya Adhiniyam, 2023?

[A] The court will allow it as oral evidence.

[B] The court will treat it as documentary evidence, provided the recording is certified.

[C] The court will dismiss it, as electronic testimony is not permissible.

[D] The court may only accept it if the recording was made by the witness personally.

Q.30) Which case law is relevant to the definition of "document" in Section 2(1)(d) of the Bharatiya Sakshya Adhiniyam, particularly when considering electronic records?

[A] State of Maharashtra v. Dr. Praful B. Desai

[B] Shiv Kumar v. State of Haryana

[C] K.K. Verma v. Union of India

[D] Ram Singh v. State of Rajasthan

Q.31) The fact sought to be proved is called?

[A] Factum probans

[B] Factum probandum

[C] relevant fact

[D] lex loci

Q.32) In the case of a dispute over the existence of a document, how does Section 2(1)(d) of the Adhiniyam address "documents"?

[A] The term "document" includes only written or printed matter.

[B] The term "document" includes electronic records and other forms of recorded matter, such as emails or messages.

[C] The term "document" only refers to physical documents like paper contracts and deeds.

[D] The term "document" is limited to physical items that contain signed agreements only.

Q.33) What is the marginal heading of Section 2 in the Bharatiya Sakshya Adhiniyam, 2023 (BSA)

[A] General Definitions

[B] Interpretation and Definitions

[C] Definitions

[D] Interpretation Sections

Q.34) "Proof" is result of?

[A] inquiry

[B] investigation

[C] statement

[D] evidence

Q.35) Facts which are made relevant by Bharatiya Sakshya Adhiniyam,2023 are in range?

[A] S.6-55

[B] S.3-50

[C] S.5-55

[D] None of above

Q.36) What does Section 5 of the Bharatiya Sakshya Adhiniyam, 2023, primarily state?

[A] Evidence may be given of any fact, whether relevant or irrelevant.

[B] Evidence may only be given of facts in issue and relevant facts declared under this Act.

[C] Evidence may be given of presumptions only.

[D] Evidence may be given without restrictions on procedural limitations.

Q.37) What is the main objective of Section 3 of the Bharatiya Sakshya Adhiniyam, 2023, concerning the timely production of evidence like bonds?

[A] To allow flexibility in producing evidence at any time during the trial.

[B] To ensure the timely and proper submission of documents, such as bonds, as evidence.

[C] To restrict the admission of bonds in cases where the party is at fault.

[D] To allow the bond to be introduced in appeal proceedings.

Q.38) What does the phrase "otherwise than in accordance with the CPC" in Section 3 of the BSA emphasize about producing evidence at a later stage?

[A] It allows evidence to be submitted at any time without restrictions.

[B] It limits the suitor from introducing evidence, such as bonds, unless they follow the proper legal process under the Code of Civil Procedure.

[C] It provides complete discretion to the judge to admit evidence at any stage.

[D] It means that the evidence can be introduced without the need for procedural rules.

Q.39) A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land in which C alleged the existence of the same right of way, is

[A] Conclusive Proof

[B] Relevant

[C] Irrelevant

[D] None of Above

Q.40) In the trial of A for the murder of B, which of the following is not a fact in issue?

[A] A's beating B with the club.

[B] A's intention to cause B’s death.

[C] A's causing B's death by such beating.

[D] A's conversation with C.

Q.41) "Facts which, though not in issue, are so connected with a fact in issue or a relevant fact as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places." provided under which section of new criminal law?

[A] S.5

[B] S.4

[C] In same section as in Indian Evidence Act.

[D] None of above

Q.42) Principle of "Falsus in uno Falsus in Ombinus" is

[A] Law of England, not applicable in India

[B] Rule of law

[C] Rule of Caution

[D] Both 2 and 3

Q.43) Which section of the BSA, 2023 defines facts forming part of the same transaction as relevant?

[A] No change in the section

[B] Section 6

[C] Section 4

[D] Section 3

Q.44) The criteria for Res gestae is?

[A] continuity of action

[B] proximity of time and place

[C] community of purpose

[D] all mentioned above

Q.45) The nodal points relating to circumstantial evidence have been laid down by Justice Fazal Ali in the dictum of

[A] Kashmira Singh v. State of Madhya Pradesh

[B] Ganpat Singh v. State of M.P

[C] Sharad Bhirdichand Sharda v. State of Maharashtra

[D] Puttu Rajan v. State of Tamil Nadu

Q.46) Which of the following facts would be considered relevant under the Res Gestae principle in a libel case involving letters?

[A] Letters from the accused that do not relate to the subject of the libel.

[B] Correspondence between the parties related to the subject matter of the libel, even if they don’t contain the libel itself.

[C] Personal opinions expressed in private conversations.

[D] The accused’s business dealings unrelated to the libel.

Q.47) Question A is whether a murdered B. Marks on the ground produced by a struggle near the place, where murder was committed is relevant as

[A] part of same transaction under Section 4

[B] cause under Section 5

[C] Effect under Section 5

[D] Previous conduct under Section 6

Q.48) The knowledge of accused as to routine of the medicine given to the deceased and replacing it with a bottle of poison is relevant as

[A] occasion

[B] motive

[C] opportunity

[D] conduct

Q.49) The Supreme Court has clarified that relevancy and admissibility cannot be held synonymous to each other in

[A] Sukhar v. State of U.P

[B] State of U.P v. Ravi Prakash

[C] Ram Bihari Yadav v. State of Bihar

[D] Chattur Baig Pandey v. Collector of Raigad

Q.50) The law of Evidence is

[A] lex fori

[B] lex loci

[C] lex causea

[D] lex situs

Q.51) ____ is based on Probative force while ____ is based on legal rules

[A] Reliance, Admissibility

[B] Admissibility, Reliability

[C] Relevancy, Admissibility

[D] Relevancy, Credibility

Q.52) Which of the following statements is/are related to hearsay evidence

[A] second hand evidence

[B] newspaper

[C] statement of a passerby who heard from others

[D] all of the above

Q.53) Which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) corresponds to Section 11 of the Indian Evidence Act, 1872, which is a residuary section?

[A] Section 9

[B] Section 11

[C] Section 3

[D] None of above

Q.54) All logically relevant facts are legally relevant facts. The statement is

[A] True

[B] False

[C] Partly true

[D] It has been meticulously taken care of by the Evidence Act

Q.55) When the deceased expresses her dying declaration, it amounts to a

[A] mental fact

[B] psychological fact

[C] material fact

[D] physical fact

Q.56) If a logically relevant fact does not fall under any of the provisions of BSA,2023 then it will be certainly covered by

[A] Section 11

[B] Section 9

[C] Section 5

[D] Section 165

Q.57) Under Section 13 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when determining whether an act was accidental or intentional, how is the relevance of similar occurrences established?

[A] The similarity of the occurrence must be direct, involving the same parties.

[B] The occurrence must be of the same nature but may involve different parties.

[C] A series of similar occurrences must involve the same person and show a pattern

[D] The occurrence must happen within a specified time frame to be relevant.

Q.58) Under Section 15 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which of the following is NOT an essential element of admission?

[A] It must always be a voluntary statement made orally.

[B] It must be made by persons under the circumstances mentioned in the Act.

[C] It must suggest an inference about a fact in issue or a relevant fact.

[D] It can be in oral, documentary, or electronic form.

Q.59) Admission is

[A] a weak piece of evidence

[B] a conclusive proof of fact stated

[C] evidence on which court act

[D] not conclusive proof but act as estoppel

Q.60) A Test identification parade is provided under

[A] Section 9

[B] Section 7

[C] Section 54A Crpc

[D] Section 54, BNSS

Q.61) "Judicial admissions stand on a higher footing than evidentiary admissions”. The statement is

[A] both stand equal

[B] true

[C] false

[D] Discretion of court

Q.62) Proof of psychological facts is relevant under

[A] Section 14

[B] Section 3

[C] Section 12

[D] Section 5

Q.63) "Without prejudice” admissions are covered under

[A] Section 19

[B] Section 21

[C] Section 23

[D] No such concept is applicable in BSA,2023

Q.64) A is arrested on charges of theft and confesses to the crime while in police custody. Later, in the presence of a Magistrate, A repeats the confession. Is A’s confession admissible under Section 23(2) of the BSA?

[A] Yes, because the confession was made before a Magistrate.

[B] No, because confessions made in police custody are inadmissible.

[C] Yes, but only the confession made before the Magistrate is admissible.

[D] No, because Section 23 does not allow any confessions during custody.

Q.65) Under the proviso to Section 23, what part of a confession made in police custody is admissible as evidence?

[A] The entire confession, if it proves guilt. B) Only the part that distinctly relates to the discovery of a fact.

[B] Only the part that distinctly relates to the discovery of a fact.

[C] No part of the confession is admissible in any circumstances.

[D] Only if the confession is written and signed by the accused.

Q.66) Match the following definitions under BSA,2023

1. Confession to Police officer. a. S.21

2. Admissions are not conclusive proof, but may estop. b. S.23

3. Admission in civil cases when relevant. c. S.25

4. Statements made by persons to whom a party to the suit has expressly referred. d. S.18

[A] 1-a, 2-b, 3-c, 4-d

[B] 1-b, 2-c, 3-a, 4-d

[C] 1-a, 2-c, 3-d, 4-b

[D] 1-d, 2-b, 3-a, 4-c

Q.67) Judicial confession means?

[A] made before public authority

[B] made before police

[C] made before the magistrate

[D] made before any court officer

Q.68) Extra judicial confession does NOT mean?

[A] made to court

[B] made to friend

[C] made to doctor

[D] made to police

Q.69) A falsely tells B that a property belongs to him, and B acts upon this assertion by purchasing it. Can A deny ownership of the property later?

[A] Yes, as A can prove he did not own the property

[B] No, because A is estopped from denying ownership.

[C] Yes, as the doctrine of estoppel does not apply to false claims.

[D] No, unless A proves B was aware of the truth.

Q.70) In which of the following recent cases, the Supreme Court brought officers under the NDPS Act within the ambit of “Police officers” under section 25, of the Indian Evidence Act? (Now, Section 23 of Bharatiya Sakshya Adhiniyam,2023)

[A] Ram Sigh v. CBI

[B] Surjit Singh v. UOI

[C] Rajaram Jaiswal v. State of Bihar

[D] Toofan Singh v. State of T.N

Q.71) Dying Declaration in Bharatiya Sakshya Adhiniyam 2023 provided in

[A] Section 32

[B] Section 26

[C] Section 18

[D] None of the above

Q.72) Evidence given by a witness is relevant under section 27 only if

[A] given on oath

[B] given before court

[C] proceedings are between same parties

[D] all of above

Q.73) An indirect manifestation of the principle of res judicata can be seen under section

[A] Section 41

[B] Section 35

[C] Section 24

[D] Section 23

Q.74) How much of a statement is to be proved has been dealt with under

[A] Section 33

[B] Section 34

[C] Section 39

[D] None

Q.75) Under Section 37 of the Adhiniyam, 2023, judgments not covered by Sections 34, 35, or 36 are:

[A] Always relevant in any proceeding.

[B] Relevant only if they are a fact in issue or relevant under another provision.

[C] Irrelevant in all circumstances.

[D] Relevant if they are more than ten years old.

Q.76) Which of the following judgments, orders, or decrees is not conclusive proof of the matter they state, as per Section 36, BSA.

[A] judgment regarding a private contract dispute

[B] decree in a public rights case

[C] order in a public matter relevant to the inquiry

[D] decree on land title matters

Q.77) Under Section 28 of the Indian Evidence Act, entries in the books of account regularly kept in the course of business are:

[A] Irrelevant to the court's inquiry

[B] Relevant, but not sufficient to charge someone with liability

[C] Always conclusive proof of the liability

[D] Admissible only if maintained in an electronic form

Q.78) A Judgment in rem cannot be in the exercise of the following jurisdiction

[A] matrimonial

[B] commercial

[C] admiralty

[D] insolvency

Q.79) A judgment in a suit for restitution of conjugal rights is a

[A] judgment in personam

[B] judgment in rem

[C] Either

[D] neither of them

Q.80) Can an expert be tried for perjury

[A] yes

[B] depends case to case

[C] yes, he is also a witness

[D] No, expert is not witness and his evidences are merely advisory in nature.

Q.81) A sues B for libel and wins the case. C, who was similarly affected by the same libel, files a suit against B. Under Section 37, the judgment in A's case is:

[A] Relevant as it proves the libel.

[B] Irrelevant between B and C.

[C] Relevant if C brings the same evidence as A.

[D] Irrelevant unless the court directs otherwise.

Q.82) Under Section 38 of the Bharatiya Sakshya Adhiniyam, 2023, a party may challenge the relevancy of a judgment, order, or decree by proving:

[A] That the judgment was delivered by a higher court.

[B] That the judgment was obtained by fraud or collusion.

[C] That the judgment was not in their favour.

[D] That the judgment was not signed by the presiding judge.

Q.83) The question is whether a certain email is forged. An expert is called to analyze its metadata. Under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023:

[A] The court cannot rely on expert opinion for electronic evidence.

[B] Only an Examiner of Electronic Evidence appointed under Section 79A of the IT Act, 2000, can provide a relevant opinion.

[C] Any skilled professional in IT can provide a relevant opinion.

[D] The email is admissible without expert opinion if found in the possession of the accused.

Q.84) Opinion of examiner of electronic evidence in then S.45A, IEA now added in the provision of Bharatiya Sakshya Adhiniyam,2023 under :

[A] Section 39(2)

[B] Section 39

[C] Section 45

[D] Section 45A

Q.85) Estoppel by “pais” means

[A] by conduct

[B] by record

[C] by deed

[D] by representation

Q.86) Which section of Indian Evidence Act, 1872 corresponds to the opinion of a person acquainted with handwriting in Bharatiya Sakshya Adhiniyam?

[A] Section 47

[B] Section 41

[C] Section 47A

[D] Section 45

Q.87) Who among the following can provide a relevant opinion on handwriting under Section 41 of the BSA, 2023?

[A] A random observer who saw the person write once.

[B] A merchant who corresponded with the person regularly.

[C] A clerk with no knowledge of handwriting but involved in correspondence filing.

[D] An individual who has no prior interaction with the person’s handwriting.

Q.88) A certifying authority issued an Electronic Signature Certificate to A. In a dispute regarding A’s digital signature on a document, the court may rely on:

[A] The opinion of the certifying authority

[B] The opinion of A's colleague

[C] The statement of a general witness

[D] None of the above

Q.89) Which of the following is correct regarding the provisions in Sections 41 to 45 of the Bharatiya Sakshya Adhiniyam, 2023?

[A] Section 41 focuses on handwriting while Section 42 includes opinions as to the existence of any general custom or right

[B] Section 40 deals with facts bearing on expert opinions, supporting Section 45.

[C] Section 44 the opinion on relationship shall not be sufficient to prove a marriage in proceedings under the Divorce Act, 1869, or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.

[D] All of the above

Q.90) Sections 46, 47 and 49, 50 the word "character" includes

[A] Habits and quality

[B] good and bad character of a person

[C] reputation on the basis of particular disposition except in Section 49 where the basis be general nature

[D] both reputation and disposition of general character

Q.91) Character as affecting damages earlier in Indian Evidence Act provided in Section 55, the corresponding provision in Bharatiya Sakshya Adhiniyam 2023 is

[A] no change in section

[B] Section 53

[C] Section 50

[D] None of the above

Q.92) Evidence of character or previous sexual experience not relevant in certain cases is provided in Bharatiya Sakshya Adhiniyam 2023 under Section:

[A] Section 48

[B] Section 54A

[C] Both options above discuss this aspect

[D] Section 43

Q.93) Which of the following is true regarding the relevance of the bad character of an accused in criminal proceedings?

[A] It is always relevant.

[B] It is irrelevant unless evidence of good character is provided.

[C] It is only relevant if the court allows it.

[D] None of the above

Q.94) Which case emphasized the principle that evidence of bad character in criminal proceedings is inadmissible unless evidence of good character is first introduced by the accused?

[A] Subramanian Swamy v. Union of India

[B] Shivaji Sahebrao Bobade v. State of Maharashtra

[C] Mohd. Imran Khan v. State Government (NCT of Delhi)

[D] Satish Chandra Ratanlal Shah v. State of Maharashtra

Q.95) Under Section 49 of the BSA, 2023, which of the following statements is/are correct?

1. Bad character becomes relevant if it is itself a fact in issue.

2. Previous convictions are always irrelevant in determining the accused's character.

3. Evidence of bad character is relevant in criminal proceedings if good character evidence is presented by the accused.

[A] 1 and 2 only

[B] 2 and 3 only

[C] 1 and 3 only

[D] all of the above

Q.96) In a civil proceeding, evidence of a person's character:

[A] Is always admissible to determine their credibility.

[B] Is irrelevant unless related to otherwise relevant facts.

[C] Is admissible to show probability of innocence.

[D] Is excluded under all circumstances.

Q.97) Which of the following is always relevant as evidence of bad character?

[A] Accusations made by witnesses.

[B] A previous conviction of the accused.

[C] Media reports of alleged misconduct.

[D] Testimony of the accused's neighbours.

Q.98) B is on trial for fraud. During the trial, the prosecution produces evidence of B’s previous conviction for a similar fraud. The defence objects, arguing that B’s character should not be questioned. Is this objection valid?

[A] Yes, because bad character is irrelevant in criminal trials.

[B] No, because a previous conviction is relevant under Section 49.

[C] Yes, unless B introduces evidence of good character.

[D] No, because fraud trials require proof of bad character.

Q.99) How does the Bharatiya Sakshya Adhiniyam 2023 treat bad character evidence in criminal proceedings compared to civil proceedings?

[A] In criminal proceedings, bad character evidence is always relevant, unlike in civil proceedings.

[B] Bad character evidence is irrelevant in both types of proceedings.

[C] Bad character evidence is admissible in civil proceedings but restricted in criminal proceedings.

[D] In criminal proceedings, bad character evidence is restricted unless good character is introduced, unlike civil proceedings.

Q.100) Relevancy of Facts is provided in chapter

[A] Chapter 3

[B] Chapter 2

[C] Chapter 10

[D] None of the above

Answers

Q.1) B

Q.2) D

Q.3) D

Q.4) D

Q.5) A

Q.6) C

Q.7) B

Q.8) C

Q.9) B

Q.10) B

Q.11) C

Q.12) A

Q.13) C

Q.14) B

Q.15) C

Q.16) B

Q.17) B

Q.18) B

Q.19) C

Q.20) C

Q.21) D

Q.22) B

Q.23) C

Q.24) B

Q.25) B

Q.26) C

Q.27) A

Q.28) B

Q.29) B

Q.30) A

Q.31) B

Q.32) B

Q.33) C

Q.34) D

Q.35) B

Q.36) B

Q.37) B

Q.38) B

Q.39) B

Q.40) D

Q.41) B

Q.42) D

Q.43) C

Q.44) D

Q.45) C

Q.46) B

Q.47) C

Q.48) C

Q.49) C

Q.50) A

Q.51) C

Q.52) D

Q.53) A

Q.54) D

Q.55) D

Q.56) B

Q.57) C

Q.58) A

Q.59) D

Q.60) D

Q.61) C

Q.62) C

Q.63) B

Q.64) C

Q.65) B

Q.66) B

Q.67) C

Q.68) A

Q.69) B

Q.70) D

Q.71) B

Q.72) D

Q.73) B

Q.74) A

Q.75) B

Q.76) B

Q.77) B

Q.78) B

Q.79) A

Q.80) D

Q.81) B

Q.82) B

Q.83) B

Q.84) A

Q.85) A

Q.86) B

Q.87) B

Q.88) A

Q.89) D

Q.90) D

Q.91) C

Q.92) A

Q.93) B

Q.94) C

Q.95) C

Q.96) B

Q.97) B

Q.98) B

Q.99) D

Q.100) B