Q1 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Under Section 2(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a fact is said to be 'proved' when, after considering the matters before it, the Court either believes it to exist or
A finds that its existence has been admitted by the opposite party in the pleadings B presumes its existence because no evidence has been led to disprove it C considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists D is satisfied of its existence beyond all reasonable doubt in every case, whether civil or criminal
Q2 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Where one fact is declared by the Bharatiya Sakshya Adhiniyam, 2023 (BSA) to be 'conclusive proof' of another, the Court
A shall, on proof of the one fact, regard the other as proved and shall not allow evidence to be given for the purpose of disproving it B may, on proof of the one fact, regard the other as proved unless and until it is disproved C shall presume the other unless the party interested calls for proof of it D shall regard the other as proved but may allow rebuttal evidence in criminal cases only
Q3 Bharatiya Sakshya Adhiniyam, 2023 (BSA) A statement made by a person as to the cause of his death, or as to any circumstances of the transaction which resulted in his death, is relevant under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
A only if the person was under expectation of death when the statement was made B whether or not the person was, at the time of making it, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question C only in a trial for murder or culpable homicide and not in any civil proceeding D only if the statement was recorded by a Magistrate
Q4 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Where, in consequence of information received from an accused person in the custody of a police officer, a fact is discovered, the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits proof of
A the entire information given by the accused, whether or not it amounts to a confession B the information only if it was recorded in writing and signed by the accused C only that part of the information which does not amount to a confession D so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered
Q5 Bharatiya Sakshya Adhiniyam, 2023 (BSA) A confession made by an accused person to a police officer
A shall not be proved as against a person accused of any offence B may be proved if made in the immediate presence of a Magistrate C may be proved only if it leads to the discovery of a fact D may be proved if the police officer is of the rank of Inspector or above
Q6 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession is irrelevant in a criminal proceeding when it appears to the Court to have been caused by an inducement, threat, coercion or promise which
A proceeds from any private person unconnected with the case B is made after the accused has been formally charged before a Magistrate C has reference to the charge against the accused and proceeds from a person in authority, being sufficient to give the accused reasonable grounds for supposing he would gain an advantage or avoid an evil of a temporal nature D relates to a spiritual or religious advantage held out to the accused
Q7 Bharatiya Sakshya Adhiniyam, 2023 (BSA) 'When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.' This rule is contained in
A Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) B Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) C Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) D Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Q8 Bharatiya Sakshya Adhiniyam, 2023 (BSA) When a person is accused of an offence and claims the benefit of a General Exception in the Bharatiya Nyaya Sanhita, the burden of proving the existence of circumstances bringing the case within that exception
A is upon the accused, and the Court shall presume the absence of such circumstances B never shifts and is always discharged by mere plea C remains throughout on the prosecution beyond reasonable doubt D is upon the accused only where the offence is punishable with death
Q9 Bharatiya Sakshya Adhiniyam, 2023 (BSA) The fact that a person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution (the mother remaining unmarried), is, under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA),
A relevant only for the purpose of succession and not legitimacy B conclusive proof of legitimacy unless it is shown that the parties to the marriage had no access to each other at any time when he could have been begotten C conclusive proof of legitimacy which cannot be displaced by any evidence whatsoever D a may-presume fact of legitimacy
Q10 Bharatiya Sakshya Adhiniyam, 2023 (BSA) In a prosecution for rape under the specified clauses of Section 64(2) of the Bharatiya Nyaya Sanhita, where sexual intercourse by the accused is proved and the woman states in her evidence that she did not consent, Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) directs that the Court
A shall regard absence of consent as conclusively proved B may presume consent unless the contrary is shown by the prosecutrix C may presume that she did not consent D shall presume that she did not consent
