Practice paper — BSA Chapter II — Relevancy Of Facts

1.According to Section 3 of the Bharatiya Sakshya Adhiniyam, evidence may be given of which of the following?

• (A) The existence or non-existence of every fact in issue and of such other facts as are declared to be relevant, and of no others.
• (B) Only facts in issue, not any other relevant facts.
• (C) All facts, whether relevant or not.
• (D) Only facts specifically pleaded by the parties at the first hearing.

2.Which best describes the combined effect of the phrase 'and of no others' in Section 3 and the Explanation that follows?

• (A) It bars evidence of any fact not a fact in issue or declared relevant, but allows evidence of facts a person is disentitled to prove under civil procedure law.
• (B) It bars evidence of any fact not a fact in issue or declared relevant, and additionally does not permit evidence of facts which a person is disentitled to prove under the law relating to civil procedure.
• (C) It allows introduction of irrelevant facts if they are authorized by the law of civil procedure.
• (D) It restricts only documentary evidence; oral evidence remains unaffected.

3.Which of the following best states the limitation on relevance under Section 4 (i.e., when are facts not in issue treated as relevant)?

• (A) Facts are relevant merely because they are near in time to a fact in issue, regardless of any logical connection.
• (B) Facts are relevant only if they are so connected with a fact in issue or a relevant fact as to form part of the same transaction; mere temporal proximity alone is not sufficient.
• (C) Facts are relevant only if they occurred in the physical presence of the accused.
• (D) Facts are relevant only if they form part of formal correspondence admitted as evidence.

4.Which of the following is NOT explicitly listed in Section 5 as a category of relevant facts?

• (A) Facts which afforded an opportunity for their occurrence or transaction
• (B) Facts which constitute the state of things under which they happened
• (C) Motive of a person (not otherwise described in the section)
• (D) Effect of relevant facts

5.Regarding the illustration about alleged rape (clause (j)), is a mere statement by the complainant "I was raped" without making a complaint relevant as conduct under Section 6?

• (A) Yes. Any statement shortly after the event is relevant as conduct under Section 6.
• (B) Yes, but only if the statement is made to a police officer.
• (C) No. A bare statement without making a complaint is not relevant as conduct under this section, though it may be relevant under other sections.
• (D) No. Such statements are never relevant in any circumstances.

6.In illustration (c), A leaves home claiming sudden and urgent business at the place he went. Are the details of that business relevant?

• (A) Yes—every detail of the business is relevant to explain A's departure.
• (B) No—details of the business are never relevant.
• (C) Details are relevant only if proved by independent evidence.
• (D) Details are relevant only insofar as they are necessary to show that the business was sudden and urgent.

7.Before Section 8 can be applied to treat conduct/statements as relevant against each person, which factual threshold must be present?

• (A) A prior criminal conviction for conspiracy
• (B) Proof that every listed act was done by the accused personally
• (C) An express admission by each conspirator in court
• (D) Reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong

8.Illustration (a) states: The question is whether A committed a crime at Chennai on a certain day. The fact that A was at Ladakh on that day is relevant. Which ground under Section 9 best explains this relevance?

• (A) Because it corroborates another witness's testimony
• (B) Because it makes the crime more probable
• (C) Because it is inconsistent with the fact in issue (A committing the crime at Chennai that day)
• (D) Because it shows A had a motive

9.If a plaintiff simultaneously seeks an injunction and monetary damages, is a fact that helps calculate the monetary award relevant under Section 10?

• (A) Only if the injunction is refused
• (B) No — the section applies only to suits where damages are the sole relief
• (C) Yes — in any suit in which damages are claimed, such facts are relevant
• (D) Yes — but only when damages are statutory

10.Which of the following facts would NOT be treated as relevant under Section 11 when deciding whether A has a right to a fishery (reading the provision and its illustration literally)?

• (A) A deed conferring the fishery on A's ancestors.
• (B) Evidence of the community's general belief or opinion about A's right (without any transaction or specific instances).
• (C) A mortgage of the fishery by A's father.
• (D) Particular instances in which A's father exercised the right or in which neighbours stopped its exercise.

11.According to Explanation 1 to Section 12, a fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists in which manner?

• (A) Generally, as affecting the person's overall character.
• (B) Only in criminal cases and not in civil disputes.
• (C) In reference to the particular matter in question (not generally).
• (D) Only when proved by direct oral testimony of the accused.

12.In the book-entry example (Illustration b), are the facts that other entries made by A in the same book are false and that the false entries are in each case in A's favour relevant to whether a particular false entry was accidental?

• (A) No, such other entries are irrelevant to the particular instance.
• (B) Only if the false entries relate to large sums of money.
• (C) Yes, those facts are relevant to show the false entry was intentional.
• (D) Only if a supervisor authorised the entries.

13.Illustration (b) asks whether a particular letter reached A. Which of the following facts does Section 14 treat as relevant to that question?

• (A) That the letter was sent by a private messenger with a receipt
• (B) That it was posted in due course and was not returned through the Return Letter Office
• (C) That A had previously received similar letters
• (D) That the letter bore the sender's signature

14.Which formats does Section 15 list as possible forms of an 'admission'?

• (A) Documentary records only
• (B) Oral statements only
• (C) Electronic records only
• (D) Oral, documentary and electronic forms

15.According to Section 16(2)(i), when are statements by parties suing or sued in a representative character regarded as admissions?

• (A) They are admissions only if they were made while the party making them held that representative character.
• (B) They are always admissions regardless of when they were made.
• (C) They are admissions only if the representative later ratifies them.
• (D) They are never admissions under any circumstance.

16.Who are the makers of statements covered by Section 17 of the Act?

• (A) Persons whose position or liability it is necessary to prove as against any party to the suit.
• (B) Any witness called by either party in the suit.
• (C) Only the plaintiff or the defendant in the suit.
• (D) Any person who gives a statement to the police about the subject-matter.

17.Under Section 18 of the Bharatiya Sakshya Adhiniyam, a statement by which of the following persons is treated as an admission?

• (A) A person to whom a party has expressly referred for information regarding the matter in dispute.
• (B) Any person who witnessed the transaction in dispute.
• (C) Any expert witness called by the court.
• (D) Any person who is a relative of a party.

18.Under Section 19 of the Bharatiya Sakshya Adhiniyam, admissions are relevant and may be proved against which of the following?

• (A) The person who makes them or his representative in interest
• (B) Any third party unconnected with the transaction
• (C) Only the deceased maker's legal representatives
• (D) The opposite party's witness or agent

19.What is the core rule in Section 20 regarding oral admissions as to the contents of a document?

• (A) They are not relevant unless the party proposing to prove them shows entitlement to give secondary evidence or unless the genuineness of the document is in question.
• (B) They are always admissible as primary evidence of the document's contents.
• (C) They are admissible only when made in writing or on oath.
• (D) They are admissible only if the original document is produced in court.

20.What does the phrase "unless and until the party proposing to prove them shows that he is entitled to give secondary evidence" principally require before oral admissions become relevant?

• (A) That the court must admit the oral admissions immediately and shift the burden to the opponent.
• (B) That the party proposing to prove the admissions must show entitlement to give secondary evidence before the admissions are treated as relevant.
• (C) That entitlement to give secondary evidence is irrelevant when a document has been produced.
• (D) That the provision mandates automatic acceptance of oral admissions once asserted by a party.

21.Which statement correctly captures the interaction between Section 21 and the Explanation regarding advocates?

• (A) Although Section 21 makes certain admissions irrelevant, it does not exempt advocates from being compelled to give evidence of matters they can be compelled to give under sub-sections (1) and (2) of Section 132.
• (B) Section 21 entirely prevents advocates from being compelled to testify about admissions made on condition they not be given in evidence.
• (C) The Explanation limits Section 21 to criminal cases only, leaving civil admissions unaffected.
• (D) Advocates can never be required to give evidence of admissions made under an agreement between the parties.

22.Which of the following is NOT a requirement for a confession to be rendered irrelevant under Section 22?

• (A) That the confession was caused by inducement, threat, coercion or promise.
• (B) That the inducement, threat, coercion or promise proceeded from a person in authority.
• (C) That it was sufficient to give the accused reasonable grounds to suppose he would gain an advantage or avoid an evil.
• (D) That the confession was made in answer to questions which the accused need not have answered.

23.An accused in police custody tells the officer both the location of the stolen property and separately admits that he committed the theft. Which of the following correctly states what may be proved under the proviso to Section 23?

• (A) Both the admission of guilt and the information about the location may be proved.
• (B) Only the admission of guilt may be proved; the location information is inadmissible.
• (C) Only the information that relates distinctly to the fact discovered (the location) may be proved; the admission of guilt cannot be proved merely because it accompanied that information.
• (D) Neither the admission nor the location information may be proved because all statements to police are inadmissible.

24.Does Section 24 oblige the Court to treat a proved confession by one accused as binding against other jointly tried accused, or is the use of such confession discretionary?

• (A) The Court may (i.e., has discretion to) take the confession into consideration against other accused; it is not obligatory.
• (B) The Court must treat the confession as binding against the other accused.
• (C) The Court must refer the confession to a jury for determination before using it against other accused.
• (D) The Court may not use such a confession under any circumstances.

25.If a statement is made by a person who cannot be called as a witness and that statement is an admission, what does Section 25 indicate about its effect?

• (A) It is conclusive proof of the matter admitted.
• (B) It is inadmissible and has no legal effect.
• (C) It is not conclusive proof but may operate as an estoppel under the provisions hereinafter contained.
• (D) It automatically estops the maker from denying it in any proceeding.

26.A deceased headman stated that a given road was a public way. Under Section 26(d) (and illustration (i)), when is such a statement admissible as a relevant fact?

• (A) Only if the statement was made before any controversy as to the road being public arose.
• (B) Whenever made, because a headman would have special means of knowledge.
• (C) Only if the statement appears in a will or deed relating to family affairs.
• (D) Only if the headman made the statement while under expectation of death.

27.Which of the following is a condition specified in the proviso to Section 27 for using prior evidence in a subsequent proceeding?

• (A) The proceedings must be between the same parties or their representatives in interest
• (B) The witness must have been convicted in the earlier proceeding
• (C) The prior evidence must have been recorded only by a judge and not by any other authorised person
• (D) The earlier proceeding must have been a criminal trial

28.How does Section 28 treat entries maintained in electronic form?

• (A) Electronic entries are inadmissible as they are not "books of account."
• (B) Electronic entries are relevant only if printed and signed.
• (C) Electronic entries are relevant only if accompanied by oral testimony.
• (D) Electronic entries are treated as relevant when they refer to a matter into which the Court has to inquire.

29.If an entry in a public record states an opinion rather than a fact, is that entry 'itself a relevant fact' under Section 29?

• (A) Yes — all entries in public records are relevant.
• (B) Yes, but only if made by a public servant.
• (C) Only if the opinion is later adopted by a court.
• (D) No — Section 29 applies to entries stating a fact in issue or a relevant fact.

30.A map is not published for sale but has been prepared under the authority of a State Government. Are statements of facts in that map 'themselves relevant facts' under Section 30?

• (A) No — only published maps for sale are covered
• (B) Yes — maps or plans made under the authority of the State Government are covered even if not published for sale
• (C) Yes — but only if the map is later offered for public sale
• (D) No — only Central Government maps are covered

31.If a recital in a State Act contains a statement about the existence of a fact of a public nature, is that statement relevant under Section 31?

• (A) Yes — statements in recitals in any Central Act or State Act are relevant
• (B) No — Section 31 applies only to Central Acts
• (C) Yes — but only if the State Government issues a separate notification
• (D) No — only Government notifications in the Official Gazette are covered

32.Are reports of rulings of the courts of a country relevant under Section 32, and if so under what condition?

• (A) Only if the rulings are the final judgments of that country's highest court
• (B) Only if the book containing the reports also contains statutory law
• (C) No, reports of rulings are excluded
• (D) Yes, if the report is contained in a book purporting to be a report of such rulings, including in electronic or digital form

33.If a statement is contained in a document which forms part of a book, what does Section 33 require the court to do when admitting evidence?

• (A) Admit the entire book as evidence in all cases
• (B) Admit only the single page containing the statement and no other parts
• (C) Admit so much and no more of the document or book as the Court considers necessary to full understanding and the circumstances under which it was made
• (D) Admit the whole chapter in which the statement appears but not other chapters

34.If there exists a previous decree that 'by law prevents any Court from taking cognizance of a suit,' Section 34 requires that this existence be treated as:

• (A) an automatic, conclusive bar that the Court must accept without inquiry
• (B) a relevant fact to be considered when deciding whether the Court ought to take cognizance or hold trial
• (C) irrelevant because only statutes can bar cognizance
• (D) evidence admissible only on appeal

35.If a decree declares that a legal character "accrued" to a person on 1 January 2010, what time does Section 35(2)(ii) treat as the time at which that character accrued?

• (A) The time when the judgment came into operation
• (B) 1 January 2010 — the time when the judgment declares it to have accrued
• (C) The date of the person's birth
• (D) The date on which proceedings were instituted

36.What is the evidentiary effect of judgments, orders or decrees covered by Section 36 once they are found relevant?

• (A) They are conclusive proof of the matters they state
• (B) They are only admissible if from a superior court
• (C) They are not conclusive proof of that which they state
• (D) They become binding precedent

37.Which circumstance, according to Section 37, would make a previously given judgment relevant in a later proceeding?

• (A) The existence of that judgment is itself a fact in issue in the later proceeding.
• (B) The judgment was delivered by a higher court in a different state.
• (C) The judgment is more than ten years old.
• (D) Both parties in the later proceeding are different from the parties in the earlier judgment.

38.Under Section 38, which of the following conditions must be satisfied before a party may show that a judgment was delivered by an incompetent court or obtained by fraud/collusion?

• (A) The judgment must be relevant under sections 34, 35 or 36 and must have been proved by the adverse party
• (B) The judgment must be final and not subject to appeal
• (C) The judgment must relate to a criminal conviction
• (D) The judgment must have been delivered within the last five years

39.Under Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023, who are described as 'experts'?

• (A) Any witness who testifies about a fact relevant to the case
• (B) Persons specially skilled in foreign law, science or art, or in questions as to identity of handwriting or finger impressions
• (C) Only university professors and licensed practitioners
• (D) Only medical practitioners and forensic scientists

40.Under Section 40 of the Bharatiya Sakshya Adhiniyam, 2023, when are facts that are otherwise irrelevant treated as relevant?

• (A) They are always relevant in any proceeding.
• (B) They are relevant only if they come from an eyewitness.
• (C) They are relevant when they support or are inconsistent with the opinions of experts, provided those opinions are relevant.
• (D) They are relevant only if proved by documentary evidence.

41.When the Court has to form an opinion as to the person by whom a document was written or signed, which of the following opinions is expressly made a relevant fact by Section 41(1)?

• (A) The opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed.
• (B) Only the opinion of a certified handwriting expert.
• (C) The opinion of the police officer who seized the document.
• (D) The opinion of any public notary attesting the document.

42.Regarding an opinion about an electronic signature, how does Section 41(2) treat the opinion of the Certifying Authority which issued the Electronic Signature Certificate?

• (A) It makes the Certifying Authority's opinion conclusive proof of the electronic signature.
• (B) It renders such opinions inadmissible as hearsay unless the Certifying Authority testifies in person.
• (C) It requires an accompanying forensic report for the opinion to be relevant.
• (D) No — the opinion of the Certifying Authority is a relevant fact, i.e. admissible as a relevant piece of evidence but not declared conclusive by the provision.

43.Does Section 42 make the opinions it mentions conclusive proof of the existence of a general custom or right?

• (A) Yes — the provision treats such opinions as conclusive proof
• (B) No — the provision states such opinions are relevant, not conclusive
• (C) Yes — but only if the opinion is given by a statutory authority
• (D) No — opinions are inadmissible unless supported by documentary evidence

44.Do the opinions described in Section 43 become binding or conclusive on the Court?

• (A) Yes — they are binding and conclusive on the Court
• (B) No — the provision describes them as relevant facts but does not make them conclusive
• (C) Only binding if both parties consent in writing
• (D) They are binding only in family-related matters

45.According to Illustration (b), when the question is whether A was the legitimate son of B, which fact is relevant under Section 44?

• (A) A's own statement that he is B's son.
• (B) A birth certificate issued by a municipality.
• (C) Medical records of B at the time of birth.
• (D) That A was always treated as such by members of the family.

46.Are the grounds of an opinion covered by Section 45 relevant when the opinion relied on is that of a deceased person?

• (A) Yes, always — grounds are relevant even for deceased persons.
• (B) Yes, but only if the deceased left a written record of the grounds.
• (C) No, unless some other provision makes them relevant.
• (D) No — Section 45 refers specifically to the opinion of a living person.

47.If a civil pleading imputes dishonest conduct to a person, may evidence of that person's prior honesty be admitted to show improbability of the imputed conduct under Section 46?

• (A) Yes — prior honesty may be admitted to show improbability of the imputed conduct.
• (B) Only if the matter is tried as a criminal proceeding.
• (C) Yes — but only if supported by an official report.
• (D) No — such character evidence is irrelevant unless the character appears from facts otherwise relevant.

48.What does Section 48 of the Bharatiya Sakshya Adhiniyam, 2023 primarily prohibit in prosecutions under the listed sections when consent is in issue?

• (A) Admission of evidence about the victim’s character or the victim’s previous sexual experience with any person on the issue of consent or quality of consent.
• (B) Admission of evidence about the victim’s financial status on the issue of consent.
• (C) Admission of only the victim’s sexual history with the accused but not with others.
• (D) Admission of all evidence if the defence requests it.

49.Under Section 49 of the Bharatiya Sakshya Adhiniyam, 2023, what is the general rule about evidence that the accused has a bad character in criminal proceedings?

• (A) It is irrelevant.
• (B) It is always relevant.
• (C) It becomes relevant only if the accused has a previous conviction.
• (D) It is relevant only when bad character is a fact in issue.

50.What does Section 50 of the Bharatiya Sakshya Adhiniyam, 2023 make relevant in civil cases?

• (A) That the fact the character of any person is such as to affect the amount of damages which he ought to receive.
• (B) That the character of a person determines criminal guilt.
• (C) That character is relevant only to questions of credibility, not damages.
• (D) That character alone can establish liability in civil suits.