संSamvidhan
Practice paper — BSA Chapter I — Preliminary
10 questions · answer key at the end · no time limit
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1.What is the short title of the Act as given in Section 1(1)?
- (A) Bharatiya Sakshya Adhiniyam, 2023
- (B) Indian Evidence Act, 2023
- (C) Bharatiya Sabhyata Adhiniyam, 2023
- (D) Evidence Code of India, 2023
2.To which of the following does the Act apply according to Section 1(2)?
- (A) Only proceedings in the Supreme Court
- (B) All judicial proceedings in or before any Court, including Courts-martial
- (C) Only civil proceedings
- (D) Only criminal trials
3.Does the Act, as per Section 1(2), apply to affidavits presented to any Court or officer?
- (A) Yes, it applies to all affidavits presented to any Court or officer
- (B) Yes, but only to affidavits in criminal matters
- (C) No, it does not apply to affidavits presented to any Court or officer
- (D) Only to affidavits presented to Courts and not to officers
4.Is a proceeding before an arbitrator covered by the Act under Section 1(2)?
- (A) Yes, all proceedings before an arbitrator are covered
- (B) Yes, but only if parties agree
- (C) Yes, if the arbitrator is a retired judge
- (D) No, proceedings before an arbitrator are not covered
5.When does the Act come into force according to Section 1(3)?
- (A) On such date as the Central Government may, by notification in the Official Gazette, appoint
- (B) Immediately upon enactment
- (C) On a date appointed by each State Government
- (D) On a date appointed by Parliament
6.Under this Adhiniyam, the term "Court" includes which of the following?
- (A) Only Judges
- (B) Judges, Magistrates and arbitrators
- (C) All Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence
- (D) Only Magistrates and arbitrators
7.Which of the following is explicitly included within the definition of "document" under this Adhiniyam?
- (A) A smell or odour
- (B) A map or plan
- (C) A spoken statement not recorded
- (D) An unrecorded mental impression
8.If this Adhiniyam declares one fact to be "conclusive proof" of another, what must the Court do?
- (A) Regard the latter fact as proved and not allow evidence to be given to disprove it
- (B) Regard the latter fact as proved unless and until it is disproved
- (C) Regard the latter fact as proved but allow evidence to disprove it
- (D) Call for proof of the latter fact
9.When the Adhiniyam provides that the Court "may presume" a fact, which of the following correctly describes the Court's power?
- (A) The Court must treat the fact as proved unless disproved
- (B) The Court may either regard the fact as proved unless and until it is disproved or may call for proof of it
- (C) The Court cannot regard the fact as proved and must call for proof
- (D) The Court must disregard the fact until proved by evidence
10.Which statement correctly distinguishes the terms "proved", "disproved" and "not proved" as defined in the Adhiniyam?
- (A) "Not proved" means the same as "disproved"
- (B) "Proved" requires conclusive proof under the Adhiniyam
- (C) "Disproved" means a fact is merely improbable
- (D) "Proved" means the Court believes it exists or considers its existence so probable a prudent man should act on that supposition; "Disproved" means the Court believes it does not exist or considers non-existence so probable; "Not proved" is when it is neither proved nor disproved
Answer key
1. A2. B3. C4. D5. A6. C7. B8. A9. B10. D
Explanations
- 1. (A) Section 1(1) states the short title of the Act as 'the Bharatiya Sakshya'. The year 2023 is part of the Act's title as given in the provision.
- 2. (B) Section 1(2) expressly provides that the Act applies to all judicial proceedings in or before any Court, including Courts-martial. The provision does not limit application to a particular class of court or to civil/criminal distinctions.
- 3. (C) Section 1(2) explicitly states that the Act does not apply to affidavits presented to any Court or officer. This is a clear exclusion in the provision.
- 4. (D) Section 1(2) states that the Act does not apply to proceedings before an arbitrator, thereby excluding arbitration proceedings from its scope.
- 5. (A) Section 1(3) specifies that the Act shall come into force on such date as the Central Government may appoint by notification in the Official Gazette. It does not state immediate commencement or state/Parliamental appointment.
- 6. (C) Clause (a) defines "Court" to include all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence. Therefore option 3 matches the text exactly.
- 7. (B) Clause (d) defines "document" and the illustrations expressly list a map or plan (illustration (iii)) as a document. Other listed items are not included in the definition.
- 8. (A) Clause (b) states that when one fact is declared conclusive proof of another, the Court 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.
- 9. (B) Clause (h) explains "may presume": the Court may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. It is therefore discretionary between those two options.
- 10. (D) Clause (j) defines "proved" as when the Court believes a fact exists or regards its existence as so probable; clause (c) defines "disproved" as when the Court believes it does not exist or regards non-existence as so probable; clause (i) defines "not proved" as neither proved nor disproved.