Practice paper — BNSS Chapter XXV — Evidence In Inquiries And Trials

1.Who is empowered by Section 307 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to determine the language of courts (other than the High Court) within a State?

• (A) The State Government
• (B) The Central Government
• (C) The High Court
• (D) Parliament

2.Which of the following best follows from the wording of Section 307 regarding specifying languages for courts?

• (A) The State Government may determine the language of each court individually, allowing different courts to have different languages
• (B) The State Government must prescribe a single uniform language for all courts in the State
• (C) The provision only allows the State Government to recommend languages; courts choose finally
• (D) The power is limited to civil courts and does not extend to criminal courts

3.Under Section 308, where shall all evidence in the course of a trial or other proceeding be taken, except as otherwise expressly provided?

• (A) In the presence of the accused
• (B) In the absence of the accused
• (C) Only in the presence of the judge
• (D) In a public place

4.Who is responsible for notifying the designated place at which evidence may be taken through audio‑video electronic means when the accused's personal attendance is dispensed with?

• (A) The Central Government
• (B) The District Magistrate
• (C) The Court
• (D) The State Government

5.Who is required to sign the memorandum made under Section 309(2)?

• (A) Public Prosecutor
• (B) Magistrate
• (C) Police Officer
• (D) Stenographer/Clerk

6.Does Section 309 apply to proceedings under section 491 that are conducted in the course of a trial?

• (A) No; it applies only where proceedings under section 491 are otherwise than in the course of a trial.
• (B) Yes; it applies to all proceedings under section 491, whether in the course of a trial or not.
• (C) It applies only to summons-cases and not to any proceedings under section 491.
• (D) The provision is silent on whether it applies during the course of a trial.

7.If a Magistrate is unable to take down evidence owing to a physical incapacity, who must take down the evidence under Section 310(1)?

• (A) A court stenographer unauthorised by the Magistrate
• (B) An officer of the Court appointed by the Magistrate under his direction and superintendence
• (C) The Public Prosecutor in Court
• (D) The accused's advocate

8.Under Section 311 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in trials before a Court of Session, the evidence of each witness shall be taken down in writing by:

• (A) The public prosecutor in the presence of the Court
• (B) The presiding Judge himself, by his dictation in open Court, or under his direction and superintendence by an officer of the Court appointed by him
• (C) Any registered stenographer engaged by the prosecution
• (D) The police officer who investigated the case

9.Which of the following is true about the signature and status of the evidence recorded under Section 311?

• (A) The evidence need only be signed by the officer who wrote it to form part of the record.
• (B) The evidence does not require any signature to form part of the record.
• (C) The presiding Judge's signature is optional if he supervised the officer who took it down.
• (D) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.

10.Under Section 312, if a witness gives evidence in a language other than the language of the Court and it is not practicable to take it down in that other language, what must be done?

• (A) A translation must be prepared only after the trial ends
• (B) An interpreter must be called and an oral summary recorded
• (C) A true translation in the language of the Court shall be prepared as the examination proceeds, signed by the Magistrate or presiding Judge
• (D) The evidence shall be recorded in English only

11.Under the proviso to Section 312, when may the Court dispense with preparing a translation into the language of the Court where evidence is taken down in English?

• (A) If any party requests the translation
• (B) If none of the parties requires the translation
• (C) Only with permission of a higher court
• (D) Only if the Magistrate considers it unnecessary

12.If a witness, when his evidence is read over to him, denies the correctness of some part of it, what course may the Magistrate or presiding Judge take under section 313(2)?

• (A) He must correct the evidence and expunge the objection
• (B) He must adjourn the proceedings to verify the evidence
• (C) He may, instead of correcting, make a memorandum of the objection and add such remarks as he thinks necessary
• (D) He must disregard the witness's denial and record the original text unchanged

13.Under Section 314, when must evidence be interpreted to an accused who is personally present in Court?

• (A) Whenever any evidence is given in a language not understood by the accused and he is present in Court in person.
• (B) Only when the Court specifically directs interpretation.
• (C) Only when the evidence is in a foreign language.
• (D) Only if the accused requests an interpretation.

14.Tricky distinction: If the accused appears by an advocate (i.e., not personally present) and evidence is in a language other than the Court's language but the advocate understands that language, is interpretation required under Section 314?

• (A) No. If the advocate understands the language, interpretation is not required because subsection (2) requires interpretation only if the advocate does not understand, and subsection (1) applies only when the accused is personally present.
• (B) Yes. It must still be interpreted to the accused even if the advocate understands it.
• (C) Yes. It must be interpreted to the advocate even if he understands it.
• (D) Yes. The Court must interpret documents for formal proof regardless of who understands the language.

15.Does Section 315 require the presiding Judge or Magistrate to record remarks about demeanour for every witness without discretion?

• (A) Yes, the judge must record remarks about demeanour for every witness without exception.
• (B) Yes, but only for witnesses called by the prosecution.
• (C) No, only such remarks as the presiding Judge or Magistrate thinks material
• (D) No, remarks are recorded only if the parties request them

16.Under Section 316, what must be recorded when the accused is examined by a Magistrate or Court of Session?

• (A) Only the accused's answers
• (B) Only the questions put by the Magistrate/Court
• (C) The whole of such examination including every question and every answer
• (D) A brief summary of the accused's testimony

17.When the record of the accused's examination is prepared, what must the court do if the accused does not understand the language in which it is written?

• (A) Proceed without showing it; the accused may file objections later
• (B) Interpret it to him in a language which he understands and allow him to explain or add to his answers
• (C) Require the accused to learn the language used within a set period
• (D) Send the record to a translation office and wait for translation before proceeding

18.When does Section 317 apply according to its text?

• (A) Whenever interpretation is needed in any forum or setting.
• (B) Only when an interpreter is appointed by the parties to the proceedings.
• (C) When the services of an interpreter are required by any Criminal Court for interpretation of any evidence or statement.
• (D) Only during police investigations and statements taken by police.

19.Under Section 317, can an interpreter lawfully give an interpretation that deliberately alters the meaning of evidence to protect a party?

• (A) Yes — the interpreter may alter meaning to avoid prejudice to a party.
• (B) Yes — if instructed by the party's legal counsel to do so.
• (C) No — he shall be bound to state the true interpretation of such evidence or statement.
• (D) Only if the court expressly permits altering the interpretation.

20.To which matters does the rule-making power in Section 318 apply?

• (A) To all criminal trials in the State irrespective of the forum.
• (B) To cases coming before the High Court.
• (C) Only to cases in subordinate courts on reference from the High Court.
• (D) Only to civil appeals pending before the Supreme Court.

21.Who may dispense with the attendance of a witness and issue a commission under Section 319?

• (A) A Court or a Magistrate
• (B) Only a Court
• (C) Only the Public Prosecutor
• (D) A Police Officer

22.Does Section 319 apply only during the formal trial stage?

• (A) Yes — it applies only during the trial
• (B) Yes — it applies only during the inquiry
• (C) No — it applies in the course of any inquiry, trial or other proceeding under the Sanhita
• (D) No — it applies only after conviction

23.If a witness is in India but in a State or area to which this Sanhita does not extend, to whom may the commission be directed?

• (A) A Court or officer specified by the State Government by notification
• (B) Such Court or officer as the Central Government may, by notification, specify in this behalf
• (C) The Chief Judicial Magistrate within whose local jurisdiction the witness is to be found
• (D) The High Court of the State where the witness is located

24.Which of the following statements is NOT authorized by Section 320 of the Sanhita?

• (A) The State Government may, by notification, specify the Court or officer to whom the commission shall be directed for witnesses in areas where the Sanhita does not extend
• (B) If the witness is within the territories to which the Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found
• (C) If the witness is in a country outside India and arrangements exist, the commission may be issued in such form and sent as the Central Government may, by notification, prescribe
• (D) If the witness is in India but in a State or area to which the Sanhita does not extend, the Central Government may, by notification, specify the Court or officer to whom the commission shall be directed

25.If the Chief Judicial Magistrate appoints 'such Magistrate as he may appoint in this behalf', that appointed Magistrate may:

• (A) Only issue a summons but cannot proceed to the witness's place
• (B) Only record written affidavits without summoning the witness
• (C) Summon the witness or proceed to where the witness is and take down evidence, exercising the same powers as in warrant-cases
• (D) Conduct a full trial equivalent to a Sessions Court without limitation

26.Under Section 322(1) of the Bharatiya Nagarik Suraksha Sanhita, in what form may parties forward interrogatories for a commission?

• (A) In writing
• (B) Orally at the commission
• (C) By electronic audio recording only
• (D) By a verbal request in open court

27.If parties forward written interrogatories for a commission, who is expressly authorised to examine the witness upon those interrogatories under Section 322(1)?

• (A) Any advocate present at the commission
• (B) The Magistrate, Court or officer to whom the commission is directed or to whom its execution is delegated
• (C) The party who forwarded the interrogatories personally
• (D) Only the court that originally issued the commission

28.According to Section 323(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must be done after a commission issued under section 319 has been duly executed?

• (A) It shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission.
• (B) It shall be filed only with the trial court and not returned to the issuing authority.
• (C) It shall be retained by the examining party as part of their private record.
• (D) It shall be forwarded to the Police for further investigation.

29.When may a deposition taken under a commission be received in evidence at a subsequent stage of the case before another Court, according to Section 323(2)?

• (A) Only if the original Court certifies its correctness.
• (B) Only if all parties to the original proceeding consent.
• (C) Only if the witness is produced again for cross-examination.
• (D) If it satisfies the conditions specified by section 27 of the Bharatiya Sakshya Adhiniyam, 2023.

30.Which of the following proceedings does Section 324 explicitly permit to be adjourned?

• (A) Inquiry, trial or other proceeding.
• (B) Only trial proceedings.
• (C) Only inquiries before magistrates.
• (D) Only civil proceedings.

31.What is the primary purpose for which an adjournment may be ordered under Section 324?

• (A) Specifically to allow the execution and return of the commission.
• (B) For any case-management reason unrelated to the commission.
• (C) Only to allow execution, but not return, of the commission.
• (D) Only to allow return, but not execution, of the commission.

32.Which of the following correctly states when a court in a foreign country is covered by Section 325 under clause (2)(b)?

• (A) Yes — any foreign court exercising jurisdiction is covered without further condition.
• (B) Yes — but only if the Central Government specifies it by notification (no further local-law requirement).
• (C) Yes — only if the Central Government specifies it by notification and the court has authority under the law of that country to issue commissions for examination of witnesses in criminal matters.
• (D) No — foreign courts cannot be covered under Section 325.

33.Who is specifically named in Section 326(1) as the deponent whose deposition may be given in evidence?

• (A) A civil surgeon or other medical witness
• (B) Any police officer
• (C) Any public prosecutor
• (D) Any Magistrate

34.Under Section 326(2), when is the Court required to summon and examine such a medical deponent?

• (A) Only when the Court thinks fit
• (B) Only when the deponent personally requests to be summoned
• (C) Only when both prosecution and accused jointly apply
• (D) When the prosecution or the accused apply, the Court shall summon and examine the deponent

35.Who is specified by Section 327 as the author of a report of identification that may be used as evidence under this provision?

• (A) A police officer conducting the investigation
• (B) A Judicial Magistrate
• (C) An Executive Magistrate
• (D) Any public servant authorised by the Court

36.Which statement best captures the combined effect of Section 327(1) and its proviso regarding the admissibility of an Executive Magistrate's identification report?

• (A) If the report contains statements covered by the listed sections, the whole report becomes inadmissible unless the Magistrate is called to testify.
• (B) The report is admissible as evidence even if the Magistrate is not called, but any statement within it governed by sections 19, 26, 27, 158 or 160 can be used only in accordance with those sections.
• (C) Statements protected by the listed sections are always admissible because the report itself is an exception to witness rules.
• (D) The Court is required to summon the Magistrate before admitting any such report into evidence.

37.If the court summons such an officer under Section 328, can the court compel the officer to produce the records on which his report was based?

• (A) Yes, the court can always compel production of the underlying records.
• (B) No, the proviso to sub‑section (2) states that no such officer shall be summoned to produce any records on which the report is based.
• (C) Yes, but only with the permission of the Central Government.
• (D) Yes, but only if the defence shows exceptional need for the records.

38.Under Section 329 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following may be used as evidence?

• (A) Any document purporting to be a report under the hand of a Government scientific expert upon a matter duly submitted to him for examination or analysis in the course of any proceeding under this Sanhita.
• (B) Only the oral testimony of the Government scientific expert in court, not written reports.
• (C) Only certified copies of reports issued by the court registry.
• (D) Any hearsay document about scientific findings, whether signed or not.

39.Does Section 329 permit the Court to summon and examine a Government scientific expert about the subject-matter of his report?

• (A) Only if the expert's report is otherwise inadmissible.
• (B) No, the Court has no power to summon such experts under this section.
• (C) Only when both parties consent to the expert being examined.
• (D) Yes, the Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report.

40.What is the outer time-limit for calling upon a party to admit or deny the genuineness of supplied documents under Section 330(1)?

• (A) 7 days after supply
• (B) 15 days after supply
• (C) 30 days after supply
• (D) No time limit; whenever convenient

41.Which statement best captures the effect of the proviso to Section 330(3) concerning proof of signature when genuineness is not disputed?

• (A) If genuineness is undisputed the signature can never be required to be proved.
• (B) Where genuineness is not disputed the document may be read without proof of signature, but the Court may still require the signature to be proved.
• (C) Even if genuineness is disputed, the signature need not be proved.
• (D) The Court must obtain a fingerprint verification before reading the document.

42.Does the Court have to order that evidence relating to the alleged facts be given by affidavit under Section 331?

• (A) Yes, the Court must order affidavit evidence whenever allegations concern a public servant
• (B) No, the Court may order affidavit evidence if it thinks fit (discretionary)
• (C) No, the Court can never order affidavit evidence under this section
• (D) Yes, but only with the public servant's consent

43.Under Section 332 of the Bharatiya Nagarik Suraksha Sanhita, how may the evidence of a person whose evidence is of a 'formal character' be given?

• (A) Only by oral testimony in open court
• (B) By affidavit and may, subject to all just exceptions, be read in evidence
• (C) Only by deposition taken outside court
• (D) As hearsay without any affidavit

44.If neither party applies to summon the person whose evidence is formal, can the court still summon and examine that person under Section 332(2)?

• (A) No, it cannot summon without an application
• (B) Only the prosecution can ask the court to do so
• (C) Only after getting permission of both parties
• (D) Yes, the court may do so if it thinks fit

45.According to Section 333(2), an affidavit must state separately which categories of facts?

• (A) Facts the deponent can prove from personal knowledge and facts he has reasonable ground to believe to be true, with grounds stated for the latter
• (B) Only facts that the deponent can prove from his own personal knowledge
• (C) Only facts the deponent has reasonable ground to believe to be true
• (D) Facts gathered by an investigator and facts provided by witnesses

46.What power does the Court have under Section 333(3) in respect of scandalous and irrelevant matter in an affidavit?

• (A) A discretionary power to order such matter to be struck out or amended
• (B) A mandatory duty to strike out any scandalous and irrelevant matter
• (C) Power only to amend but not to strike out such matter
• (D) No power to alter affidavits once sworn

47.Can a warrant of commitment produced under Section 334 be used to prove that a person was acquitted?

• (A) Yes — the warrant proves either conviction or acquittal.
• (B) No — warrants are inadmissible under this section.
• (C) Only if the warrant is accompanied by a certified extract from court records.
• (D) No — a warrant of commitment relates to punishment and under the section is provided only as a mode to prove conviction.

48.According to Section 335(1), depositions recorded in the accused's absence may be given in evidence against him on his arrest if the deponent is any of the following EXCEPT:

• (A) Dead
• (B) Is present and willing to give evidence
• (C) Incapable of giving evidence
• (D) Cannot be found or his presence cannot be procured without unreasonable delay, expense or inconvenience

49.Which ground for allowing depositions recorded in absence is expressly provided in Section 335(2) but is NOT mentioned in Section 335(1)?

• (A) The deponent is beyond the limits of India
• (B) The deponent is dead
• (C) The deponent is incapable of giving evidence
• (D) The deponent cannot be found

50.If the original public servant who prepared a report has been transferred, which officer does Section 336 require the Court to secure to give deposition on that report?

• (A) The officer who prepared the original report regardless of current posting
• (B) The successor officer who is holding that post at the time of such deposition
• (C) Any officer nominated by the parties to the proceeding
• (D) The most senior officer in the department, even if not holding that specific post