Q1 Bharatiya Sakshya Adhiniyam, 2023 (BSA) An accused in police custody states, 'I will produce the knife with which I stabbed the deceased and which I buried in my field', and the knife is recovered from the spot indicated. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), how much of this statement is provable?
A Only so much of the information as relates distinctly to the fact thereby discovered, under the proviso to Section 23(2) B The entire statement, as the recovery confirms its truth C Nothing, since it is a confession to a police officer hit by Section 23(1) D Only the words 'I will produce the knife', under Section 23(2)
Q2 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that -
A an accomplice is not a competent witness B the testimony of a single witness must always be corroborated C at least two witnesses are required to prove a fact in a criminal trial D no particular number of witnesses shall in any case be required for the proof of any fact
Q3 Bharatiya Sakshya Adhiniyam, 2023 (BSA) The case of Pakala Narayana Swami v. Emperor, AIR 1939 PC 47, is a leading authority on -
A the doctrine of res gestae B the scope and meaning of 'circumstances of the transaction' in a dying declaration under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) C the relevancy of a confession under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) D the presumption as to legitimacy under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Q4 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a leading question -
A is one which the witness is unable to understand B may always be asked in examination-in-chief without objection C is one which suggests the answer the questioner wishes to receive, and may be asked in cross-examination D can never be asked at any stage of the trial
Q5 Bharatiya Sakshya Adhiniyam, 2023 (BSA) 'A' is accused of a crime. The fact that, when in custody of the police, 'A' made the same statement to several different persons is sought to be proved as corroboration. Under Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the doctrine of res gestae is best described as -
A a bar on the examination of dumb witnesses B an exception to the rule excluding hearsay evidence C a presumption of law arising from custody D a rule relating to the burden of proof
Q6 Bharatiya Sakshya Adhiniyam, 2023 (BSA) A witness who is unable to speak gives his evidence in writing in open court. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such evidence shall be deemed to be -
A no evidence at all B oral evidence C secondary evidence D documentary evidence
Q7 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Under Section 138 read with Illustration (b) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the correct legal position regarding accomplice evidence is that -
A an accomplice is not a competent witness and his evidence must be rejected B an accomplice is a competent witness, and a conviction is not illegal where it proceeds upon the corroborated testimony of an accomplice, the court being further permitted to presume him unworthy of credit unless corroborated in material particulars C an accomplice is a competent witness but his testimony can never form the basis of a conviction in any circumstances D an accomplice may testify only after being granted a pardon
Q8 Bharatiya Sakshya Adhiniyam, 2023 (BSA) When a fact is especially within the knowledge of a person, the burden of proving that fact, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), is upon -
A the person who has special knowledge of that fact B the prosecution in every case C the person who asserts the contrary D the party who first led evidence in the suit
Q9 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Under Section 128 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), communications made between spouses during marriage -
A can never be disclosed in any proceeding whatsoever B are admissible only if reduced to writing C are protected, but the protection does not apply in suits between the married persons, or in a proceeding in which one married person is prosecuted for a crime committed against the other D may be disclosed only with the permission of the High Court
Q10 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Court 'may presume' a fact. This means that the Court -
A must regard the fact as proved and shall not allow evidence to disprove it B is bound to ignore the fact altogether C shall regard the fact as proved unless and until it is disproved D may either regard such fact as proved unless and until it is disproved, or may call for proof of it
