- The Bharatiya Sakshya Adhiniyam, 2023 applies to:
A. Only civil proceedings
B. Only criminal proceedings
C. All judicial proceedings before courts including courts-martial except those expressly excluded
D. Only High Courts and Supreme Court
Correct Answer: C
Explanation:
Section 1 states that the Act applies to all judicial proceedings in or before any court, including courts-martial, but not to affidavits presented to courts or proceedings before an arbitrator.
2. Under Section 2, the term “fact” includes:
A. Only physical events
B. Only mental conditions
C. Anything capable of being perceived by the senses or any mental condition of which a person is conscious
D. Only written statements
Correct Answer: C
Explanation:
The definition of fact includes physical facts as well as psychological states, such as intention, knowledge, or belief.
3. According to Section 3, evidence includes:
A. Only oral testimony
B. Only documentary evidence
C. Oral evidence and documentary evidence including electronic records
D. Only written documents signed by parties
Correct Answer: C
Explanation:
Evidence consists of oral statements made before the court and documentary evidence, which now expressly includes electronic records.
4. Facts which form part of the same transaction as the fact in issue are relevant under which principle?
A. Res judicata
B. Res gestae
C. Estoppel
D. Novation
Correct Answer: B
Explanation:
Section 4 recognizes the doctrine of res gestae, meaning facts forming part of the same transaction are relevant, even if they occurred at different times or places.
5. Facts which are the occasion, cause, or effect of the fact in issue are relevant under which section?
A. Section 5
B. Section 6
C. Section 7
D. Section 10
Correct Answer: C
Explanation:
Section 7 makes relevant facts that are the cause, occasion, or effect of the fact in issue or relevant facts.
6. Facts necessary to explain or introduce a fact in issue are relevant under:
A. Section 8
B. Section 9
C. Section 10
D. Section 6
Correct Answer: B
Explanation:
Section 9 states that facts necessary to explain, introduce, or support a fact in issue, or that help identify persons or things, are relevant.
7. Motive, preparation, and conduct of a person are relevant under:
A. Section 8
B. Section 6
C. Section 5
D. Section 10
Correct Answer: A
Explanation:
Section 8 provides that motive, preparation, and conduct of any party or relevant person are relevant facts.
8. Under the Bharatiya Sakshya Adhiniyam, 2023, facts not otherwise relevant may become relevant if they are:
A. Supported by witnesses
B. Inconsistent with any fact in issue or relevant fact
C. Mentioned in police reports
D. Mentioned in pleadings only
Correct Answer: B
Explanation:
Section 10 provides that facts may become relevant if they are inconsistent with any fact in issue or relevant fact, or make the existence of such fact highly probable or improbable.
9. Which of the following proceedings are not governed by the Bharatiya Sakshya Adhiniyam, 2023?
A. Criminal trials
B. Civil suits
C. Arbitration proceedings
D. Court-martial proceedings
Correct Answer: C
Explanation:
The Act does not apply to arbitration proceedings or affidavits presented to courts.
10. Which concept is primarily addressed in Sections 6–10 of the Bharatiya Sakshya Adhiniyam, 2023?
A. Admissibility of confessions
B. Relevancy of facts
C. Burden of proof
D. Presumptions
Correct Answer: B
Explanation:
Sections 6–10 deal with the relevancy of facts, including same transaction (res gestae), cause and effect, motive and preparation, explanatory facts, and inconsistent facts.
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