Practice paper — BSA Chapter X — Of Examination Of Witnesses

1.What subject matter does Section 140 of the Bharatiya Sakshya Adhiniyam, 2023 regulate?

• (A) The order of production and examination of witnesses
• (B) The rules for admissibility of documentary evidence
• (C) The burden of proof in civil and criminal cases
• (D) The procedure for filing appeals against evidence rulings

2.If there is no law or practice 'for the time being relating to criminal procedure' about the order of witnesses, who determines the order under Section 140?

• (A) The Attorney General
• (B) A legislative committee
• (C) The discretion of the Court
• (D) The police investigating officer

3.Under Section 141(1) Bharatiya Sakshya Adhiniyam, 2023, what may the Judge do when a party proposes to give evidence of any fact?

• (A) Require the party to prove the fact before asking any question of relevance.
• (B) Ask the party in what manner the alleged fact, if proved, would be relevant and admit the evidence only if he thinks the fact, if proved, would be relevant.
• (C) Automatically admit the evidence if the party declares it relevant.
• (D) Refer the question of relevance to another court before admitting the evidence.

4.The provision gives the Court options where the relevancy of one alleged fact depends on another alleged fact being first proved (Illustration (c) and Section 141(3)). What may the Court do in such a situation?

• (A) Require the dependent fact to be proved first in all cases.
• (B) Permit the dependent fact to be proved only after an appeal.
• (C) Either permit evidence of the first fact before the second is proved, or require the second fact to be proved before the first.
• (D) Disallow evidence of both facts until a separate hearing is convened.

5.Which term does Section 142 use for the examination of a witness by the adverse party?

• (A) Re-examination
• (B) Further examination
• (C) Cross-examination
• (D) Examination-in-chief

6.In the phrase 'his examination-in-chief' used in Section 142(1), to whom does 'his' refer?

• (A) The party who calls the witness
• (B) The adverse party
• (C) The witness himself
• (D) The court

7.If the adverse party elects not to cross-examine a witness, what follows under Section 143(1)?

• (A) The Court must nevertheless call for cross-examination
• (B) There will be no cross-examination; re-examination may follow only if the party calling the witness so desires
• (C) Re-examination automatically follows in all cases
• (D) The witness must be recalled later for cross-examination by the adverse party

8.During re-examination, the party calling a witness, with the Court's permission, introduces new matter. Under Section 143(3), what scope of further cross-examination does the adverse party have?

• (A) The adverse party may not cross-examine at all after new matter is introduced
• (B) The adverse party may further cross-examine on any previous matter raised earlier in the trial
• (C) The adverse party may demand a full retrial of the witness's testimony
• (D) The adverse party may further cross-examine upon that new matter introduced in re-examination

9.If a person was summoned to produce a document and is later called as a witness, what does Section 144 permit regarding cross-examination?

• (A) He may be cross-examined once he is called as a witness.
• (B) He still cannot be cross-examined even if called as a witness.
• (C) He can be cross-examined only about the signature on the document.
• (D) He can be cross-examined only with the producing party's consent.

10.What does Section 145 of the Bharatiya Sakshya Adhiniyam, 2023 provide?

• (A) It allows witnesses to character to be cross-examined and re-examined.
• (B) It prohibits cross-examination of witnesses to character.
• (C) It permits only examination in chief of witnesses to character.
• (D) It determines the admissibility of character evidence.

11.Under Section 146(4), leading questions may be asked in which stage of the proceedings?

• (A) Cross-examination.
• (B) Examination-in-chief.
• (C) Re-examination without restriction.
• (D) They are never permitted at any stage.

12.If the adverse party does not object, can leading questions on introductory or undisputed matters be put in examination-in-chief without the Court's permission under Section 146?

• (A) No — the Court's permission is always required for examination-in-chief.
• (B) Yes — if the adverse party does not object, they may be asked without the Court's permission.
• (C) Only if a formal application is made in writing before questioning.
• (D) Yes — but only during cross-examination.

13.According to the Explanation to Section 147, a witness may give oral evidence of statements made by other persons about the contents of documents when:

• (A) The maker of the statement is available for cross-examination.
• (B) The document itself has been produced in court.
• (C) Such statements are in themselves relevant facts.
• (D) The witness has seen the original document.

14.Which of the following best describes the limitation on allowing a witness to state contents of a document under Section 147?

• (A) The adverse party may object to such evidence until the document is produced, or until facts have been proved entitling the calling party to give secondary evidence of it.
• (B) The court must always allow oral statement of contents without requiring production of any document.
• (C) The adverse party can only object if the document is in their physical possession.
• (D) The witness may never narrate statements by others about document contents, even if relevant.

15.When may a witness be cross-examined about previous written statements under Section 148?

• (A) Only after the writing has been formally proved in evidence.
• (B) When the written statements are relevant to matters in question, even if the writing is not shown or proved.
• (C) Only if the witness is confronted by the original document.
• (D) Only with prior permission of the court.

16.Under Section 149 of the Bharatiya Sakshya Adhiniyam, which of the following types of questions may be asked in cross-examination?

• (A) Questions to test the witness's veracity only
• (B) Questions to discover who the witness is and what is his position in life only
• (C) Questions to shake the witness's credit by injuring his character only
• (D) All of the above

17.In a prosecution under section 66 of the Bharatiya Nyaya Sanhita, 2023 where the question of consent is in issue, is it permissible under Section 149's proviso to put questions in the cross-examination of the victim about her previous sexual experience with other persons to prove consent?

• (A) Yes, such questions are permissible
• (B) No, such questions are not permissible
• (C) Yes, but only if the accused obtains the court's permission
• (D) No, unless the questions relate solely to veracity

18.What is the triggering condition under Section 150 for applying the provisions of Section 137?

• (A) The question relates to a matter relevant to the suit or proceeding
• (B) The witness refuses to answer
• (C) The court orders the witness to be compelled without reference to relevance
• (D) The parties agree to apply Section 137

19.Does Section 150 make application of Section 137 mandatory or discretionary when its condition is satisfied?

• (A) Discretionary — the court may choose to apply it
• (B) Subject to agreement between parties before application
• (C) Conditional on a further order of the judge
• (D) Mandatory — Section 137 'shall apply' when the condition is met

20.According to Section 151(2)(a), a question is 'proper' if:

• (A) the truth of the imputation would seriously affect the Court’s opinion as to the credibility of the witness on the matter to which he testifies
• (B) the imputation concerns the witness's political opinions
• (C) the imputation is remote in time
• (D) the imputation concerns a privileged communication

21.If a witness refuses to answer under Section 151, what does subsection (2)(d) permit the Court to do?

• (A) The Court must hold the witness in contempt of court
• (B) The Court may, if it sees fit, draw the inference that the answer, if given, would be unfavourable
• (C) The Court must exclude the witness's entire testimony
• (D) The Court must treat the refusal as conclusive proof of the imputation

22.Which illustration demonstrates that information from a person in Court who, when questioned, gives satisfactory reasons, can provide reasonable grounds for asking whether a witness is a dacoit?

• (A) Illustration (a): an advocate instructed by another advocate that an important witness is a dacoit.
• (B) Illustration (c): a witness asked at random whether he is a dacoit.
• (C) Illustration (b): an advocate informed by a person in Court who gives satisfactory reasons for his statement.
• (D) Illustration (d): a witness giving unsatisfactory answers about his mode of life.

23.Under Section 153 of the Bharatiya Sakshya Adhiniyam, 2023, if the Court is of opinion that a question was asked without reasonable grounds, what may it do (subject to the condition in the provision)?

• (A) It must dismiss the question and exclude the evidence immediately.
• (B) It may report the advocate to the police for misconduct.
• (C) If the question was asked by an advocate, it may report the circumstances of the case to the High Court or other authority to which the advocate is subject in the exercise of his profession.
• (D) It shall award compensation to the person to whom the question was put.

24.What exactly is the Court empowered to report under Section 153 when an advocate has asked a question without reasonable grounds?

• (A) Only the identity of the advocate who asked the question.
• (B) Only the precise wording of the question asked.
• (C) The circumstances of the case.
• (D) A recommendation to disbar the advocate for professional misconduct.

25.Which of the following correctly describes the exceptions to the Court's power under Section 154 to forbid questions?

• (A) The Court cannot forbid questions that are irrelevant to the proceedings
• (B) The Court cannot forbid questions that merely have some bearing on the case
• (C) The Court cannot forbid questions that relate to facts in issue or to matters necessary to be known in order to determine whether or not the facts in issue existed
• (D) The Court cannot forbid any question once it has been asked in open court

26.Which statement most accurately restates the rule in Section 154?

• (A) The Court may not forbid any question that has some bearing on the questions before it
• (B) The Court may forbid indecent questions only if they are unrelated to the case
• (C) The Court may forbid questions it regards as indecent or scandalous, even if they have some bearing on the questions before the Court, unless they relate to facts in issue or to matters necessary to determine whether the facts in issue existed
• (D) The Court must forbid all questions that are indecent or scandalous regardless of relevance

27.Which of the following grounds for forbidding a question is explicitly stated in Section 155?

• (A) That the question is irrelevant to the issues in the case
• (B) That the question is leading the witness
• (C) That it appears to be intended to insult or annoy
• (D) That the question is too long or complicated

28.Which statement correctly distinguishes the two branches of Section 155's prohibition?

• (A) Both branches require proof that the questioner had malicious intent to be applied.
• (B) Both branches apply only when the question is irrelevant to the case.
• (C) The first branch concerns the question 'appearing to be intended to insult or annoy'; the second permits forbidding questions that are proper in substance but 'needlessly offensive in form', so the latter can apply even absent apparent intent.
• (D) The second branch applies only when the question changes the legal issues in the case.

29.In Illustration (c), A affirms he saw B at Goa and is asked whether he himself was at Varanasi that day; he denies it. Why is evidence that A was at Varanasi admissible?

• (A) Because the denial only affects A's character.
• (B) Because prior convictions are in issue and the exception applies.
• (C) Because the evidence contradicts the alleged fact that B was seen in Goa, not merely injures A's character.
• (D) Because Illustration (c) falls under Exception 2 about impartiality.

30.Under Section 157 of the Bharatiya Sakshya Adhiniyam, who may the Court permit to put questions to a witness which might be put in cross-examination by the adverse party?

• (A) The person who calls the witness
• (B) The adverse party
• (C) The presiding judge
• (D) Any interested third party

31.A party who called a witness wants to ask questions going beyond what an adverse party could ask in cross-examination. Under Section 157, what limitation applies to the questions they may be permitted to ask?

• (A) They may ask any question the Court allows without limitation
• (B) They may only ask questions that relate to matters covered in the witness's chief evidence
• (C) They may ask only with the adverse party's written consent
• (D) They may be permitted to ask only questions which might be put in cross-examination by the adverse party

32.Which of the following is expressly listed in Section 158 as a mode to impeach the credit of a witness?

• (A) Proof that the witness has been bribed or has accepted the offer of a bribe
• (B) Evidence of the witness's general moral failing unrelated to testimony
• (C) Proof only of the witness's bias or interest in the outcome
• (D) Proof of the witness's prior convictions (not involving testimony)

33.When the witness who declared another unworthy of credit is asked his reasons in cross-examination and gives answers, can those answers be contradicted under Section 158?

• (A) Yes — they may be contradicted by other evidence
• (B) No — the answers cannot be contradicted, though if false the witness may be charged with giving false evidence
• (C) Only if the Court permits contradiction
• (D) Only the adverse party may contradict those answers

34.Who must form the opinion that the other circumstances, if proved, would corroborate the witness's testimony before such questioning is permitted under Section 159?

• (A) The public prosecutor.
• (B) The Court.
• (C) The witness's counsel.
• (D) The investigating officer.

35.Which statement correctly identifies a limitation placed by Section 159 on permissible questioning to corroborate a witness?

• (A) The witness may be questioned about any matter so long as the court consents, regardless of connection to the relevant fact.
• (B) Independent evidence of other circumstances is expressly forbidden by the provision.
• (C) Questioning is limited to other circumstances the witness observed at or near the time/place of the relevant fact and which the Court believes, if proved, would corroborate the testimony.
• (D) The provision applies only where the witness is the accused.

36.According to Section 160, a former statement may be proved if it was made:

• (A) At any time after the witness gave evidence in court
• (B) Only during cross-examination of the witness
• (C) At or about the time when the fact took place, or before any authority legally competent to investigate the fact
• (D) Only if recorded in writing

37.According to Section 161 of the Bharatiya Sakshya Adhiniyam, 2023, what categories of matters may be proved when a statement relevant under section 26 or 27 is proved?

• (A) Only matters to corroborate the statement
• (B) Only matters to contradict the statement
• (C) Matters to contradict or corroborate it, or to impeach or confirm the credit of the person by whom it was made
• (D) Any matter whatsoever related to the case

38.Does Section 161 permit proving matters for the purpose of impeaching or confirming the credit of the person who made the proved statement?

• (A) No, it only permits proving matters to contradict or corroborate the statement
• (B) No, impeachment or confirmation of credit is excluded
• (C) Only if the person expressly consents
• (D) Yes, it permits proving matters to impeach or confirm the credit of the person who made the statement

39.Under Section 162 of the Bharatiya Sakshya Adhiniyam, 2023, a witness may refresh his memory by referring to:

• (A) Any writing, whether made before, at the time of, or long after the transaction.
• (B) Any writing made by himself at the time of the transaction or so soon afterwards that the Court considers the transaction was then fresh in his memory.
• (C) Only oral statements previously recorded in court.
• (D) Only writings prepared by an expert.

40.Under Section 162(2), a witness may, with the Court's permission, refer to a copy of the document used to refresh memory provided that:

• (A) The copy is a certified true copy notarised abroad.
• (B) The copy is accompanied by a statement from the witness explaining why the original is unavailable.
• (C) The original document is older than ten years.
• (D) The Court is satisfied that there is sufficient reason for the non-production of the original.

41.Which illustration does Section 163 explicitly provide to explain when a witness may testify to facts recorded in a document?

• (A) A police officer may testify to entries in an FIR even if he did not investigate the case.
• (B) A bank manager may testify to customer transactions if he remembers them vividly.
• (C) A book-keeper may testify to facts recorded by him in books regularly kept in the course of business if he knows the books were correctly kept, although he has forgotten the particular transactions entered.
• (D) A doctor may testify to medical records from another hospital if the records look authentic.

42.Which of the following describes the precise condition that Section 163 requires for testimony to be admissible despite lack of specific recollection?

• (A) The witness must have been present when each transaction occurred.
• (B) The witness must have retained the original document in his custody.
• (C) The witness must have formally certified the correctness of the document.
• (D) The witness must be sure that the facts were correctly recorded in the document.

43.If the adverse party does not request production of the writing, can he later cross-examine the witness upon that writing under Section 164?

• (A) Yes, he can always cross-examine on any referred writing.
• (B) No, cross-examination on the writing is available only if he required production and it was shown to him.
• (C) Yes, but only with the court's prior permission.
• (D) No, unless the witness consents in writing.

44.Under Section 165(1) of the Bharatiya Sakshya Adhiniyam, 2023, what must a witness summoned to produce a document do if the document is in his possession or power?

• (A) Bring it to Court notwithstanding any objection to its production or admissibility.
• (B) Refuse to produce it if there is any objection to its admissibility.
• (C) Produce it only if the Court has already decided it to be admissible.
• (D) Produce it only if it does not relate to matters of State.

45.Section 165(2) allows the Court to inspect a document or take other evidence to determine admissibility. If a document refers to matters of State, which of the following is consistent with the provision?

• (A) The Court may inspect the document and publish its contents.
• (B) The Court must refuse to consider the document in any manner.
• (C) The Court may not inspect the document but may take other evidence to determine admissibility.
• (D) The Court may require the witness to translate and disclose the content publicly.

46.According to Section 166, who is bound to give the document as evidence when the specified conditions are met?

• (A) The party who called for its production
• (B) The party who produced the document
• (C) The court
• (D) A witness who inspected the document

47.A party called for a document but did not give the other party notice to produce it. The document is nonetheless produced and inspected, and the producing party asks the calling party to give it as evidence. Under Section 166 is the calling party bound to give it?

• (A) Yes — inspection and production are sufficient even without notice
• (B) Yes — because any produced document must be given as evidence on request
• (C) Yes — but only if the court so directs
• (D) No — the provision requires that notice to produce must have been given

48.Which of the following, according to Section 167, would permit a party who earlier refused to produce a document to later use that document as evidence?

• (A) Filing an affidavit after the trial begins.
• (B) The consent of the other party or an order of the Court.
• (C) Withdrawing the original notice to produce.
• (D) Waiting until the next hearing date.

49.Which statement best describes the scope of the prohibition in Section 167?

• (A) It bars any subsequent use of the document as evidence unless the other party consents or the Court orders it.
• (B) It bars only subsequent use of the document to contradict secondary evidence.
• (C) It bars only subsequent use of the document to show defects such as non-stamping.
• (D) It applies only where the document is the sole piece of evidence for a party's case.

50.May a Judge, under Section 168, compel a witness to answer or produce a document which the witness could lawfully refuse to answer or produce under sections 127 to 136?

• (A) Yes, the Judge's power under Section 168 overrides sections 127–136
• (B) Yes, but only after recording reasons in writing
• (C) No, the Section does not authorise the Judge to compel answers or production in such cases
• (D) Only if the witness is a party to the proceedings