Q1 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Which of the following correctly distinguishes Section 117 from Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
A Section 117 raises a mandatory presumption while Section 118 raises a discretionary presumption B Section 117 is a discretionary presumption ('may presume') as to abetment of suicide, while Section 118 is a mandatory presumption ('shall presume') as to dowry death C Both sections raise mandatory presumptions of dowry death D Section 117 relates to dowry death and Section 118 relates to abetment of suicide
Q2 Bharatiya Sakshya Adhiniyam, 2023 (BSA) In a prosecution for rape under specified aggravated clauses, where sexual intercourse is proved and the victim states in her evidence that she did not consent, Section 120 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) directs that the Court:
A Shall draw no presumption either way B Shall presume the absence of consent C May presume the absence of consent D Shall presume the presence of consent
Q3 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Where a document purporting to be thirty years old is produced from proper custody, Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits the Court to:
A Presume only the date of the document but not its execution B Conclusively presume that it is genuine and binding C Presume that the signature and every part of it is in the handwriting of the person purporting to have written it, and that it was duly executed and attested D Reject it unless the executant is examined
Q4 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Under the scheme of Sections 104 to 109 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving that a case falls within any of the General Exceptions in the penal law lies on the accused by virtue of:
A Section 109 B Section 108 C Section 104 D Section 105
Q5 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 which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
A Section 109 B Section 107 C Section 106 D Section 111
Q6 Bharatiya Sakshya Adhiniyam, 2023 (BSA) The doctrine of estoppel, under which a person who by his declaration, act or omission has caused another to believe a thing to be true and to act upon it cannot deny its truth, is embodied in which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
A Section 123 B Section 121 C Section 122 D Section 119
Q7 Bharatiya Sakshya Adhiniyam, 2023 (BSA) An accomplice is a competent witness against an accused, and the court may convict upon his testimony though it is uncorroborated only as a matter of caution requiring corroboration. The rule of prudence that the court may presume an accomplice unworthy of credit unless corroborated in material particulars is the combined effect of Section 138 and which illustration/provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
A Illustration (a) to Section 119 B Illustration (b) to Section 119 C Section 124 D Section 137
Q8 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down that no particular number of witnesses shall in any case be required for the proof of any fact?
A Section 139 B Section 143 C Section 142 D Section 140
Q9 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a fact is deposed to as discovered in consequence of information received from an accused in police custody, how much of that information may be proved?
A Only that part which amounts to a confession of guilt B None of the information, since it was given to a police officer C The whole of the information given by the accused D So much of the information as relates distinctly to the fact thereby discovered
Q10 Bharatiya Sakshya Adhiniyam, 2023 (BSA) Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that:
A A confession to a police officer is admissible only in the trial of the maker B Every confession in police custody is admissible if corroborated C No confession made to a police officer shall be proved as against a person accused of any offence D A confession made to a Magistrate is inadmissible