Practice paper — BSA Chapter IX — Of Witnesses

1.Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023, who is generally competent to testify?

• (A) All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions or from giving rational answers to those questions.
• (B) Only adults of sound mind are competent to testify.
• (C) Only persons certified by a medical practitioner are competent to testify.
• (D) Only parties to the proceeding and their witnesses are competent to testify.

2.Which of the following is explicitly listed in Section 124 as a possible reason that may prevent a person from testifying?

• (A) Lack of formal education
• (B) Tender years
• (C) Previous inconsistent statements
• (D) Membership of a political party

3.Who must determine whether a person is 'prevented from understanding the questions put to them, or from giving rational answers' under Section 124?

• (A) A medical board appointed by the parties
• (B) The police investigating the matter
• (C) The jury (where applicable)
• (D) The Court

4.Does 'extreme old age' listed in Section 124 automatically render a person incompetent to testify?

• (A) No; extreme old age does not automatically disqualify—the Court must consider whether it prevents understanding questions or giving rational answers.
• (B) Yes; any person of extreme old age is automatically incompetent to testify.
• (C) Only if a doctor certifies cognitive impairment does extreme old age disqualify the witness.
• (D) Only if the witness themselves refuses to testify because of age.

5.Evidence given by a witness who is unable to speak, by writing or signs made in open Court, is deemed to be which type of evidence under Section 125?

• (A) Documentary evidence
• (B) Oral evidence
• (C) Real evidence
• (D) Hearsay evidence

6.A witness communicates by signs, but the signs were made outside the open Court. According to Section 125, is that evidence valid as provided by this section?

• (A) Yes, if the judge later accepts the signs
• (B) Yes, if an interpreter translates the signs later
• (C) No — the writing must be written and the signs made in open Court
• (D) Yes, but only if the signs are videographed later

7.If a witness who cannot communicate verbally gives evidence by writing in open Court and the Court videographs the process as required by the proviso, what is the legal character of that evidence under Section 125?

• (A) Documentary evidence
• (B) Both documentary and oral evidence
• (C) Oral evidence
• (D) Neither oral nor documentary evidence

8.Under Section 126, who are competent witnesses in all civil proceedings?

• (A) Only the parties to the suit
• (B) The parties to the suit, and the husband or wife of any party to the suit
• (C) Only the husband or wife of any party to the suit
• (D) Only independent third-party witnesses

9.In a civil suit, the plaintiff's husband is not a named party. Is he competent to testify under Section 126?

• (A) No, only named parties are competent
• (B) Only with the court's permission
• (C) Yes, the husband of a party is competent even if not a named party
• (D) Only if the husband is specifically summoned as a witness by the court

10.In criminal proceedings against A, is the husband of co-accused B automatically a competent witness under Section 126?

• (A) Yes — the husband of any accused may testify against another accused
• (B) Yes — but only if both accused are charged with the same offence
• (C) No — spouses are never competent in criminal proceedings
• (D) No — Section 126 makes competent only the husband or wife of the person against whom the proceedings are brought

11.Under Section 127 of the Bharatiya Sakshya Adhiniyam, 2023, which person is expressly protected from being compelled to answer questions about their own conduct in Court?

• (A) A public prosecutor
• (B) A Judge or Magistrate
• (C) A court clerk
• (D) An accused person

12.According to Section 127, a Judge or Magistrate may be examined about which of the following?

• (A) His own conduct in Court as such Judge or Magistrate
• (B) Anything which came to his knowledge in Court as such Judge or Magistrate
• (C) Other matters which occurred in his presence whilst he was so acting
• (D) Matters concerning judicial policy or opinion

13.Illustration (c) says: A is accused before the Court of Session of attempting to murder a police officer whilst on his trial before B, a Sessions Judge. Under Section 127, may B be examined as to what occurred?

• (A) Yes, B may be examined as to what occurred.
• (B) No, B cannot be examined under any circumstance.
• (C) Only if a superior Court issues a special order.
• (D) Only if the accused requests such examination.

14.What type of communications does Section 128 of the Bharatiya Sakshya Adhiniyam, 2023 protect?

• (A) Communications made to a person during marriage by any person to whom he is or has been married
• (B) All communications between spouses and third parties during marriage
• (C) Property agreements executed during marriage
• (D) Any oral statement made in the presence of the spouse

15.Who is covered by the privilege under Section 128?

• (A) Persons who are or have been married
• (B) Only persons currently married
• (C) Only persons married within the last five years
• (D) Anyone cohabiting with a partner

16.May a person voluntarily disclose a communication made to him during marriage without any additional consent?

• (A) Yes, the person may disclose at will once the marriage has ended
• (B) Yes, the person may disclose if the communication is not written
• (C) No, not unless the person who made it or his representative in interest consents
• (D) No, disclosure is never permitted under any circumstances

17.Are communications made during marriage by a third party (not the spouse) to the married person protected under Section 128?

• (A) Yes; all communications made to a married person during marriage are protected
• (B) No; the protection applies only to communications made by a person to whom he is or has been married
• (C) Yes, but only if the third party is a close relative
• (D) No, unless the third party later marries the person who received the communication

18.Who must grant permission to give evidence derived from unpublished official records relating to affairs of State under Section 129?

• (A) The officer at the head of the department concerned
• (B) The Chief Justice of India
• (C) The Home Minister
• (D) The district magistrate

19.If a party seeks to tender evidence derived from unpublished official records relating to State affairs but the head of the department withholds permission, what follows from Section 129?

• (A) The evidence cannot be given because permission was withheld
• (B) The court can override the department head and admit the evidence
• (C) The evidence may be given if another departmental officer permits it
• (D) The evidence is admissible if produced in confidence

20.Does Section 129 prohibit giving evidence derived from published official records relating to affairs of State?

• (A) Yes — all official records require the head of department's permission
• (B) No — the prohibition applies specifically to unpublished official records
• (C) Yes — published records require parliamentary approval before use
• (D) No — neither unpublished nor published records are covered by Section 129

21.Who is protected from being compelled to disclose communications under Section 130 of the Bharatiya Sakshya Adhiniyam, 2023?

• (A) Any citizen
• (B) A public officer
• (C) A private individual
• (D) A court official

22.If a communication was not made to the officer in official confidence, can Section 130 be relied upon to prevent compulsion to disclose it?

• (A) Yes — the protection does not apply if it was not made in official confidence, so compulsion is not barred
• (B) No — Section 130 bars compulsion in all cases
• (C) Only if a court so directs
• (D) Only if another public officer deems it confidential

23.Does Section 130 bar compulsion to disclose when the public officer does not consider that "the public interests would suffer by the disclosure"?

• (A) Yes — it bars compulsion irrespective of the officer's view
• (B) Only if another authority agrees with the officer
• (C) No — the protection applies only when the officer considers that public interests would suffer by disclosure
• (D) Yes — but only for certain specified categories of information

24.Which of the following persons shall not be compelled to say when he got any information as to the commission of any offence?

• (A) A magistrate only
• (B) A police officer only
• (C) A revenue officer
• (D) Both a magistrate and a police officer

25.According to the Explanation in Section 131, the term 'revenue officer' means:

• (A) Any officer employed in the police department
• (B) Any officer employed in or about the business of any branch of the public revenue
• (C) Any officer who collects taxes only
• (D) Any officer employed by the central government

26.Is a magistrate compelled to disclose when he received information about an offence against the public revenue?

• (A) Yes — because only revenue officers have protection
• (B) Yes, but only if ordered by a higher court
• (C) No — magistrates are not to be compelled to say when they got information about any offence
• (D) Only if the information was given orally and not in writing

27.Under Section 132 of the Bharatiya Sakshya Adhiniyam, what is primarily protected from disclosure by an advocate without the client's express consent?

• (A) Any communication made to the advocate in the course and for the purpose of his service as such advocate
• (B) All information about the client obtained outside the scope of professional service
• (C) Communications between the client and third parties not involving the advocate
• (D) Any document in the public domain relating to the client

28.Does the confidentiality obligation under Section 132 continue after the advocate's professional service has ceased?

• (A) No — it ends immediately when the advocate-client relationship ends
• (B) Yes — but only if the client gives further written consent after termination
• (C) Yes — the obligation continues after the professional service has ceased
• (D) No — it continues only during active court proceedings

29.Section 132(2) says it is immaterial whether the attention of the advocate was or was not directed to a fact by or on behalf of his client. What is the correct consequence of this provision?

• (A) The advocate need not disclose any fact unless the client specifically directed him to observe it
• (B) If the client directs the advocate to observe a fact, the advocate can never disclose it
• (C) The advocate must disclose facts observed only if the client expressly permits disclosure
• (D) An advocate may have to disclose a fact observed in the course of service showing a crime or fraud committed since the commencement of his service even if the client did not direct attention to it

30.Which temporal scope does proviso (b) of Section 132 remove protection for?

• (A) Facts observed by the advocate in the course of his service showing that a crime or fraud has been committed since the commencement of his service
• (B) Facts observed by the advocate showing crimes committed before the commencement of his service
• (C) Only communications that became known to the advocate after the client's explicit instruction
• (D) Any and all communications regardless of when the crime was committed

31.When is a party who calls his advocate as a witness deemed to have consented to the disclosure mentioned in section 132?

• (A) Always — calling an advocate as a witness automatically amounts to consent.
• (B) Never — calling an advocate as a witness can never amount to consent.
• (C) Only if he questions the advocate on matters which, but for such question, he would not be at liberty to disclose.
• (D) Only if the advocate gives evidence voluntarily about client communications.

32.A party gives evidence at his own instance in a suit. Does Section 133 deem that party to have consented to disclosure under section 132?

• (A) No — he shall not be deemed to have consented to such disclosure.
• (B) Yes — giving evidence at his own instance amounts to consent.
• (C) Yes — but only for documentary evidence, not oral testimony.
• (D) Yes — only if the advocate is present in court.

33.Which statement best captures the distinction made by Section 133 regarding waiver of privilege when an advocate is called as a witness?

• (A) Calling an advocate as a witness automatically waives privilege in all matters relating to the client.
• (B) Calling an advocate as a witness never waives privilege, even if the party elicits privileged matters.
• (C) Calling an advocate as a witness waives privilege only to the extent the party questions the advocate on matters which, but for such question, he would not be at liberty to disclose.
• (D) Calling an advocate as a witness waives privilege only if the advocate consents in writing to disclose client communications.

34.What is the general rule under Section 134 of the Bharatiya Sakshya Adhiniyam, 2023 regarding communications with a legal adviser?

• (A) Communications between a person and his legal adviser must always be disclosed to the Court.
• (B) No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal adviser.
• (C) Only legal advisers are protected from being compelled to disclose communications with clients.
• (D) Privilege applies only to written communications between a person and his legal adviser.

35.If a person offers himself as a witness, what scope of disclosure may the Court compel under Section 134?

• (A) Only those communications that appear necessary to be known in order to explain any evidence which he has given.
• (B) All communications between him and his legal adviser.
• (C) Only written communications between him and his legal adviser.
• (D) No communications at all; privilege remains absolute even if he testifies.

36.Does Section 134 permit the Court to compel disclosure of confidential communications when a person is called as a witness by another party but has not "offered himself as a witness"?

• (A) Yes; being called as a witness by another party is equivalent to offering oneself as a witness.
• (B) No; the privilege is waived only when the person offers himself as a witness.
• (C) Yes; the Court may order disclosure on its own motion in that situation.
• (D) Yes; disclosure is required whenever any party seeks it.

37.According to Section 135, which person cannot be compelled to produce title-deeds?

• (A) Any witness called in the suit
• (B) A witness who is not a party to a suit
• (C) Only the parties to the suit
• (D) Only the plaintiffs in the suit

38.Which of the following documents is protected from compulsion under Section 135 when held by a non-party witness?

• (A) Title-deeds to any property
• (B) Any document by virtue of which he holds property as pledgee or mortgagee
• (C) Any document the production of which might tend to criminate him
• (D) All of the above

39.Can a witness who is a party to the suit be prevented by Section 135 from being compelled to produce documents that might tend to criminate him?

• (A) No, the protection covers all witnesses
• (B) Only if he consents in writing
• (C) Yes, because Section 135 applies only to witnesses who are not parties
• (D) Only documents unrelated to title-deeds are protected

40.According to Section 136 of the Bharatiya Sakshya Adhiniyam, 2023, which statement correctly describes when a person may be compelled to produce documents or electronic records in his possession or under his control?

• (A) They may be compelled to produce any documents or electronic records in their possession without restriction.
• (B) They shall not be compelled to produce documents or electronic records if any other person would be entitled to refuse to produce them if they were in that other person's possession or control, unless that other person consents.
• (C) They may be compelled to produce documents or electronic records only with the court's express permission.
• (D) They may be compelled to produce documents or electronic records unless the possessor objects.

41.Whose consent is required under Section 136 to compel production of documents that another person would be entitled to refuse if they were in that other person's possession or control?

• (A) The possessor's consent.
• (B) The court's consent.
• (C) The public prosecutor's consent.
• (D) The 'last-mentioned' person's consent (i.e., the other person who could refuse).

42.How does Section 136 treat electronic records under a person's control that another person could refuse to produce if they had them?

• (A) Electronic records are excluded from protection and may be compelled.
• (B) Electronic records require a separate statutory procedure to claim protection.
• (C) Electronic records can be compelled if the possessor asserts control over them.
• (D) Electronic records under a person's control are protected in the same way as documents and cannot be compelled unless the other person consents.

43.According to Section 137 of the Bharatiya Sakshya Adhiniyam, 2023, can a witness refuse to answer a question on the ground that the answer will criminate him?

• (A) No; a witness shall not be excused from answering on that ground.
• (B) Yes; a witness may refuse if the answer would criminate him.
• (C) Only in criminal proceedings may a witness refuse on that ground.
• (D) Only in civil suits may a witness refuse on that ground.

44.If answering a question would 'tend directly or indirectly to expose' a witness to a penalty or forfeiture, what does Section 137 require?

• (A) The witness may refuse to answer only if the exposure is direct.
• (B) The witness shall not be excused and must answer despite possible exposure to penalty or forfeiture.
• (C) The witness may refuse because exposure to penalty or forfeiture is protected.
• (D) The witness can answer only in writing to avoid exposure.

45.The proviso to Section 137 protects 'no such answer, which a witness shall be compelled to give,' from arrest, prosecution or being proved against him. Which of the following is the correct implication from this wording?

• (A) The protection applies to any statement whether compelled or voluntary.
• (B) The protection applies only when the witness voluntarily offers the answer.
• (C) The protection applies only to answers given outside court proceedings.
• (D) The protection is stated specifically for answers the witness is compelled to give.

46.According to Section 138 of the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is declared to be which of the following?

• (A) A competent witness against an accused person
• (B) An incompetent witness in all cases
• (C) Automatically a co-accused for trial purposes
• (D) A prosecuting authority for the offence

47.What does Section 138 say about a conviction that proceeds upon corroborated testimony of an accomplice?

• (A) It is automatically overturned
• (B) It is not illegal
• (C) It is inadmissible as evidence
• (D) It requires no judicial examination

48.Which statement best captures the effect of corroboration under Section 138?

• (A) Corroboration is a mandatory legal prerequisite for any conviction based on accomplice testimony
• (B) Corroboration makes a conviction not illegal, but the provision does not expressly make corroboration a precondition
• (C) The provision prohibits any use of accomplice testimony unless corroborated beyond doubt
• (D) Corroboration automatically exonerates the accused

49.What does Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 state about the number of witnesses required for proof of any fact?

• (A) At least two witnesses are required in all cases.
• (B) No particular number of witnesses shall in any case be required for the proof of any fact.
• (C) A minimum of one witness must testify for proof.
• (D) A specific number of witnesses will be prescribed by rules.

50.Under Section 139, can a court insist that two witnesses are necessary to prove a fact?

• (A) No; the provision forbids requiring any particular number of witnesses.
• (B) Yes; two witnesses are the usual minimum unless otherwise stated.
• (C) Yes, but only in criminal matters.
• (D) Only when the parties jointly request it.