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Practice paper — BSA Chapter IV — Of Oral Evidence
10 questions · answer key at the end · no time limit
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1.What does Section 54 of the Bharatiya Sakshya Adhiniyam, 2023 state about proof of facts by oral evidence?
- (A) All facts, including the contents of documents, may be proved by oral evidence.
- (B) All facts, except the contents of documents, may be proved by oral evidence.
- (C) Only the contents of documents may be proved by oral evidence.
- (D) No facts may be proved by oral evidence.
2.Under Section 54, can the contents (terms) of a written agreement be proved by oral evidence?
- (A) No, the contents of a written agreement cannot be proved by oral evidence.
- (B) Yes, the contents of a written agreement may be proved by oral evidence.
- (C) Only if both parties agree may the contents be proved orally.
- (D) Only when the written agreement is unsigned may its contents be proved orally.
3.Can oral evidence be used, under Section 54, to prove that a particular document (for example, a contract) actually existed or was executed?
- (A) No; documents and their existence cannot be proved by oral evidence.
- (B) Only if the document's contents are first proved may its existence be proved orally.
- (C) Yes; the existence or execution of a document is a fact distinct from its contents and may be proved by oral evidence.
- (D) Only in criminal proceedings can the existence of a document be proved orally.
4.May the terms of a signed will (the contents of the will) be established by oral testimony under Section 54?
- (A) Yes — oral testimony can establish the terms of a will.
- (B) Yes — if the will's witnesses testify, the terms can be proved orally.
- (C) Only when the will is contested can its terms be proved orally.
- (D) No — the terms are contents of a document and thus cannot be proved by oral evidence.
5.Which statement best captures the scope of Section 54's rule on oral evidence?
- (A) The section allows oral evidence to prove the contents of documents but not other facts.
- (B) The section bars oral evidence only for official government documents' contents.
- (C) The section bars oral evidence for the contents of documents, while permitting oral proof of all other facts (such as existence or surrounding circumstances).
- (D) The section prohibits any oral evidence in legal proceedings.
6.Under Section 55 of the Bharatiya Sakshya Adhiniyam, 2023, oral evidence shall be what in all cases?
- (A) Direct
- (B) Indirect or circumstantial
- (C) Hearsay evidence
- (D) In the form of documentary records only
7.If oral evidence refers to a fact which could be seen, whose testimony does Section 55 require?
- (A) Any witness who has heard about the fact
- (B) A witness who says he saw it
- (C) An expert on visual perception
- (D) A police officer who recorded the fact
8.When oral evidence refers to the existence or condition of a material thing other than a document, what power does Section 55 give the Court?
- (A) The Court must exclude the oral evidence
- (B) The Court may accept only photographs of the thing
- (C) The Court may require production of the material thing for inspection if it thinks fit
- (D) The Court must appoint an expert to report and cannot inspect the thing itself
9.Under Section 55, opinions of experts expressed in treatises commonly offered for sale may be proved by production of the treatise when:
- (A) The author is dead (and no other condition is necessary)
- (B) The author cannot be found (and no other condition is necessary)
- (C) The author is dead, cannot be found, has become incapable of giving evidence, or cannot be called without unreasonable delay or expense
- (D) Only when the author is alive and gives prior written consent
10.Which of the following is NOT a condition mentioned in Section 55 that permits proving expert opinions by producing a treatise?
- (A) The author is dead
- (B) The author cannot be found
- (C) The author refuses to testify although available to be called
- (D) The author has become incapable of giving evidence
Answer key
1. B2. A3. C4. D5. C6. A7. B8. C9. C10. C
Explanations
- 1. (B) Section 54 states: "All facts, except the contents of documents may be proved by oral evidence." It therefore permits proof by oral evidence of all facts other than the contents of documents.
- 2. (A) The provision expressly excludes "the contents of documents" from proof by oral evidence. Therefore the contents or terms of a written agreement cannot be proved by oral evidence under Section 54.
- 3. (C) Section 54 permits proof by oral evidence of all facts except the contents of documents. The existence or execution of a document is a fact separate from its contents, so it may be proved orally under Section 54.
- 4. (D) Section 54 excludes "the contents of documents" from proof by oral evidence. The terms of a signed will are the contents of that document and therefore cannot be proved by oral testimony under this provision.
- 5. (C) Section 54 states that "All facts, except the contents of documents may be proved by oral evidence." This means contents of documents are excluded from oral proof, while other facts — including existence or surrounding circumstances — may be proved orally.
- 6. (A) The provision begins with: 'Oral evidence shall, in all cases whatever, be direct.' This means oral evidence must be direct and not indirect, hearsay, or solely documentary.
- 7. (B) Clause (i) states that if it refers to a fact which could be seen, 'it must be the evidence of a witness who says he saw it.' Thus the testimony must come from a witness who saw the fact.
- 8. (C) The 'Provided further' clause states that if oral evidence refers to the existence or condition of any material thing other than a document, 'the Court may, if it thinks fit, require the production of such material thing for its inspection.' The power is discretionary ('may') and limited to inspection.
- 9. (C) The first proviso allows such expert opinions in treatises to be proved by production 'if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable.' The correct option lists all the statutory conditions.
- 10. (C) The proviso lists: author dead; cannot be found; has become incapable of giving evidence; or cannot be called without unreasonable delay or expense. It does not permit production merely because an available author refuses to testify, so that option is not covered.