Q1. Under Section 307, which authority has the power to determine the language of each Court within the State, other than the High Court?

   A) The High Court.  B) The Central Government.  C) The State Government.  D) The Chief Judicial Magistrate.

 

   Q2. According to Section 308, evidence must generally be taken in the presence of the accused. A new provision allows this to be done through:

   A) Written affidavits only.  B) Audio-video electronic means at a designated place notified by the State Government.  C) A telephone call from the witness.  D) Private investigators appointed by the Court.

 

   Q3. Under the proviso to Section 308, if a woman below 18 years is a victim of rape, the Court may:

   A) Dismiss the case if the accused is not physically present.  B) Ensure she is not confronted by the accused while ensuring the right of cross-examination.  C) Compel her to testify in the public square.  D) Allow the accused to question her directly without a lawyer.

 

   Q4. For summons-cases and inquiries under Section 309, the Magistrate is required to record a:

   A) Full verbatim transcript.  B) Memorandum of the substance of the evidence.  C) Video recording only.  D) Summary in English, regardless of Court language.

 

   Q5. Under Section 310(1), in warrant-cases, if the Magistrate is unable to take down evidence due to physical incapacity, it must be done:

   A) By the Public Prosecutor.  B) Under his direction and superintendence by an officer of the Court.  C) By the accused's advocate.  D) Only after the case is transferred to a different Magistrate.

 

   Q6. According to Section 310(1) Proviso, evidence in warrant-cases may be recorded through audio-video electronic means in the presence of:

   A) The victim's parents.  B) The advocate of the accused.  C) A Gazetted Officer.  D) The local SHO.

 

   Q7. In a trial before a Court of Session under Section 311, evidence is ordinarily taken down in the form of:

   A) A short summary.  B) A narrative.  C) Question and answer only.  D) Bullet points in the Judge's diary.

 

   Q8. According to Section 312, if a witness gives evidence in a language different from the Court language, the record should:

   A) Always be in English.  B) Be taken in that language if practicable.  C) Be translated into the language of the accused first.  D) Be dismissed as inadmissible.

 

   Q9. Under Section 313, once the evidence of a witness is completed, it must be:

   A) Kept secret until the judgment.  B) Read over to the witness in the presence of the accused or his advocate.  C) Signed only by the Public Prosecutor.  D) Published in the official gazette.

 

   Q10. If a witness denies the correctness of the record when it is read over to them under Section 313(2), the Magistrate shall:

   A) Correct it immediately as per the witness’s wish.  B) Make a memorandum of the objection and add necessary remarks.  C) Initiate perjury proceedings.  D) Strike out the entire testimony.

 

   Q11. Section 315 empowers the Judge or Magistrate to record what type of remarks regarding a witness?

   A) Financial status.  B) Remarks respecting the demeanour of the witness.  C) Political affiliations.  D) Educational qualifications.

 

   Q12. Under Section 316(4), if an accused in custody is examined through electronic communication, their signature must be taken within:

   A) Twenty-four hours.  B) Forty-eight hours.  C) Seventy-two hours.  D) Seven days.

 

   Q13. Section 316(5) states that the detailed rules for recording the examination of an accused do NOT apply to:

   A) Sessions Trials.  B) Warrant-cases.  C) Summary trials.  D) Inquiries into murder cases.

 

   Q14. What is the mandatory duty of an interpreter under Section 317?

   A) To provide a summary of the evidence.  B) To be bound to interpret truthfully.  C) To consult the Judge before translating.  D) To only translate for the prosecution.

 

   Q15. Under Section 319, a Court may dispense with the attendance of a witness and issue a commission if their attendance involves:

   A) Personal embarrassment.  B) Unreasonable delay, expense, or inconvenience.  C) A request from a political party.  D) No reason is required for a commission.

 

   Q16. According to Section 319(1) Proviso, a commission MUST be issued if the witness to be examined is:

   A) A child.  B) A public servant.  C) The President or Vice-President of India.  D) A foreign tourist.

 

   Q17. To whom is a commission for examining a witness within India directed under Section 320(1)?

   A) The Superintendent of Police.  B) The Chief Judicial Magistrate within whose jurisdiction the witness is found.  C) The Governor of the State.  D) Any Advocate-on-Record.

 

   Q18. Under Section 321, a Magistrate receiving a commission has the same powers as:

   A) An Investigating Officer.  B) A Magistrate in trials of warrant-cases.  C) A Supreme Court Judge.  D) A mediator in civil disputes.

 

   Q19. According to Section 322, can parties to a proceeding examine a witness through a commission?

   A) No, only the Court can ask questions.  B) Yes, they may forward interrogatories in writing.  C) Yes, they may appear in person or by advocate to examine.  D) Both B and C are correct.

 

   Q20. Under Section 323, a deposition taken on commission can be received in evidence at a subsequent stage of the case if:

   A) The witness is still alive and well.  B) It satisfies the conditions specified in Section 27 of the Bharatiya Sakshya Adhiniyam.  C) The accused gives written consent.  D) The High Court grants special permission.

 

   Q21. Section 324 allows for the ______ of a proceeding for a time sufficient for the execution and return of a commission.

   A) Termination.  B) Adjournment.  C) Transfer.  D) Cancellation.

 

   Q22. Under Section 326, the deposition of which witness may be given in evidence even if they are not called as a witness?

   A) The Investigating Officer.  B) A Civil Surgeon or other medical witness.  C) The Complainant.  D) An eye-witness.

 

   Q23. According to Section 327, an identification report of a person or property may be used as evidence if it is under the hand of:

   A) A Police Inspector.  B) An Executive Magistrate.  C) A Village Headman.  D) A private forensic expert.

 

   Q24. Which section deals with the evidence of officers of the Mint and the Forensic Science Laboratory?

   A) Section 308.  B) Section 315.  C) Section 328.  D) Section 336.

 

   Q25. Under Section 328(3), can an officer of the Mint be required to produce the records on which their report is based?

   A) Yes, if the accused requests it.  B) No, they shall not be summoned to produce such records.  C) Only in cases involving murder.  D) Only if the report is signed by the Governor.

 

   Q26. Which of the following is NOT listed as a “Government scientific expert” under Section 329(4)?

   A) Chief Controller of Explosives.  B) Director of the Finger Print Bureau.  C) A private medical practitioner.  D) The Serologist to the Government.

 

   Q27. Under Section 330, when a document is filed, the opposing party must admit or deny its genuineness within:

   A) Seven days.  B) Fourteen days.  C) Thirty days.  D) Sixty days.

 

   Q28. Under Section 330(1) Proviso, an expert shall NOT be called to appear before the Court unless:

   A) The Court wants to see them.  B) The report of such expert is disputed by any of the parties.  C) The expert is a public servant.  D) The case is a summons-case.

 

   Q29. Section 331 allows for evidence respecting the conduct of a _____ to be given by affidavit.

   A) Proclaimed offender.  B) Public servant.  C) Child witness.  D) Hostile witness.

 

   Q30. Under Section 332, evidence of a “formal character” may be given by:

   A) Narrative only.  B) Affidavit.  C) Video message.  D) Group testimony.

   

Q31. According to Section 333, before whom can an affidavit to be used in Court be sworn?

   A) Only the High Court Registrar.  B) Any Notary appointed under the Notaries Act, 1952.  C) Any Police Officer above the rank of Inspector.  D) The Victim's advocate.

 

   Q32. Under Section 334, a previous conviction or acquittal may be proved by:

   A) Verbal testimony of the witness.  B) A certified extract of the Court record or a jail certificate.  C) A news report of the previous trial.  D) A letter from the District Magistrate.

 

   Q33. Section 335 deals with the recording of evidence in the absence of the accused. For this section to apply, it must be proved that:

   A) The accused is sick.  B) The accused has absconded and there is no immediate prospect of arrest.  C) The accused is a public servant.  D) The trial has lasted more than three years.

 

   Q34. Under Section 335(2), if an offence punishable with death or life imprisonment is committed by persons unknown, who can direct a Magistrate to examine witnesses?

   A) The High Court or Sessions Judge.  B) The State Government.  C) The Superintendent of Police.  D) The Home Minister.

 

   Q35. Section 336 provides that if a public servant or expert who prepared a report has retired, died, or is transferred, the Court shall:

   A) Reject the report.  B) Secure the presence of the successor officer to give deposition on the report.  C) Transfer the case to the High Court.  D) Ask the accused to verify the report.

 

   Q36. Statement I: Under Section 314, evidence given in a language not understood by the accused must be interpreted to him in open Court.

   Statement II: If the accused appears by an advocate, the evidence never needs to be interpreted.

   A) Only Statement I is correct.  B) Only Statement II is correct.  C) Both statements are correct.  D) Neither statement is correct.

 

   Q37. Under Section 316(5), why are summary trials exempt from the standard rules of recording the examination of the accused?

   A) Because summary trials do not involve any evidence.  B) To maintain the speed and simplified procedure intended for summary trials.  C) Because summary trials are not judicial proceedings.  D) Because summary trials are handled only by Executive Magistrates.

 

   Q38. A witness speaks only in a regional dialect not known to the Court. The Court appoints 'A' as an interpreter. 'A' intentionally misinterprets a fact to help the accused. Under which section is 'A' bound to interpret truthfully?

   A) Section 307.  B) Section 310.  C) Section 317.  D) Section 325.

 

   Q39. Under Section 310(2), if a Magistrate causes evidence to be taken down by an officer, he must:

   A) Pay that officer a special bonus.  B) Record a certificate explaining why he could not take it down himself.  C) Get the officer's signature authenticated by the High Court.  D) Inform the State Government within 24 hours.

 

   Q40. Under Section 335(1), a deposition taken in the absence of an absconding accused can be used against him later if the deponent is:

   A) Promoted to a higher rank.  B) Dead or incapable of giving evidence.  C) Still working in the same police station.  D) A relative of the accused.

 

   Q41. Which section of the Bharatiya Sakshya Adhiniyam is referred to in Section 313(3) regarding the interpretation of evidence?

   A) Section 10.  B) Section 27.  C) Section 148.  D) No section is mentioned in 313(3).

 

   Q42. Under Section 329(3), if a Government scientific expert is summoned but cannot attend personally, he may:

   A) Ignore the summons.  B) Send a written apology only.  C) Depute any responsible officer working with him who is conversant with the facts.  D) Request the trial to be moved to his laboratory.

 

   Q43. Section 336 Proviso states that a successor officer shall not be called to appear unless:

   A) The original officer has died.  B) The report is disputed by any of the parties.  C) The Judge is new to the case.  D) The property involved exceeds ₹1 lakh.

 

   Q44. The prosecution wants to prove a document. The accused's lawyer is supplied the document but does not admit or deny its genuineness for 40 days. Can the Court allow this delay?

   A) No, 30 days is the absolute limit.  B) Yes, under Section 330(1) Proviso, the Court may relax the time limit for reasons recorded.  C) Only if the document is in electronic form.  D) Only if the Prosecutor agrees.

 

   Q45. Why does Section 313(1) require evidence to be "read over" to the witness?

   A) To test the Judge's reading ability.  B) To ensure the accuracy of the record and allow for corrections before it becomes final.  C) To allow the accused to hear the evidence again.  D) To delay the trial.

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Q46.Under Section 309, a memorandum of substance of evidence must be written in:

   A) English only.  B) Hindi only.  C) The language of the Court.  D) The mother tongue of the witness.

 

   Q47. True or False: According to Section 316(2), the record of the examination of the accused shall be signed by the accused and the Magistrate.

   A) True.  B) False.

 

   Q48. If a commission is issued to a country outside India, it must be sent to an authority specified by:

   A) The High Court.  B) The State Government.  C) The Central Government by notification.  D) The United Nations.

 

   Q49. Under Section 331, if an affidavit is filed respecting a public servant, the Court:

   A) Must accept it as absolute truth.  B) May, if it thinks fit, order that evidence relating to such facts be given by affidavit.  C) Must reject it if the public servant is a Judge.  D) Must refer it to the police for verification.

 

   Q50. Which section specifies that a commission is open to inspection by the parties at all reasonable times?

   A) Section 320.  B) Section 323.  C) Section 327.  D) Section 330.

 

   Q51. A witness is too ill to come to Court. The Court issues a commission. Can the witness be cross-examined?

   A) No, commissions are only for examination-in-chief.  B) Yes, Section 322(2) allows parties to examine, cross-examine, and re-examine.  C) Only if the Judge is present at the commission.  D) Only if the witness is a public servant.

 

   Q52. Under Section 333(2), why must an affidavit be confined only to facts the deponent can prove from their own knowledge?

   A) To prevent hearsay evidence from entering the record via affidavit.  B) To keep the affidavit short.  C) Because Notaries cannot verify beliefs.  D) To save the Court's time.

 

   Q53. Under Section 318, which Court has the power to prescribe its own rules for taking down evidence and examining the accused?

   A) Court of Session.  B) Chief Judicial Magistrate.  C) High Court.  D) All of the above.

 

   Q54. Under Section 328(1), which printing press officer's report is specifically mentioned as usable evidence?

   A) Any private printing press.  B) Note Printing Press or Security Printing Press.  C) Local newspaper press.  D) All of the above.

 

   Q55. Section 336 second Proviso allows the deposition of a successor public servant to be taken through:

   A) Speed post.  B) Telegram.  C) Audio-video electronic means.  D) A representative from the same department.

 

   Q56. Statement I: A commission issued under Section 319 can only be directed to a Magistrate.

Statement II: A commission can be issued for a witness who is in a jail.

   A) Only Statement I is correct.  B) Only Statement II is correct.  C) Both statements are correct.  D) Neither statement is correct.

 

   Q57. Under Section 314(2), if an advocate does not understand the language in which evidence is given, it shall be:

   A) Disregarded.  B) Interpreted to such advocate in that language.  C) Recorded in English by default.  D) Transferred to a different Court.

 

   Q58. Under Section 310(3), evidence in warrant-cases shall "ordinarily" be taken down in the form of:

   A) Question and answer.  B) A narrative.  C) Shorthand.  D) Digital code.

 

   Q59. According to Section 326(2), the Court _____ on the application of the prosecution or the accused, summon and examine a medical deponent.

   A) May (discretionary).  B) Shall (mandatory).  C) Must not.  D) Should consult the High Court before doing so.

 

   Q60. Under Section 330(3), if the genuineness of a document is NOT disputed:

   A) It is still inadmissible.  

B) It may be read in evidence without proof of signature.  C) The signer must still be called to Court.  D) The document must be stamped by the High Court.

 

 

Here is the answer key for the 60 questions on Chapter XXV (Evidence in Inquiries and Trials) of the BNSS, 2023.

Answer Key: Chapter XXV

Q1. C [S. 307]
Q2. B [S. 530]
Q3. B [S. 308 Proviso]
Q4. B [S. 309(1)]
Q5. B [S. 310(1)]
Q6. B [S. 310(1) Proviso]
Q7. B [S. 311(2)]
Q8. B [S. 312(a)]
Q9. B [S. 313(1)]
Q10. B [S. 313(2)]
Q11. B [S. 315]
Q12. C [S. 316(4) Proviso]
Q13. C [S. 316(5)]
Q14. B [S. 317]
Q15. B [S. 319(1)]
Q16. C [S. 319(1) Proviso]
Q17. B [S. 320(1)]
Q18. B [S. 321]
Q19. D [S. 322]
Q20. B [S. 323(2)]
Q21. B [S. 324]
Q22. B [S. 326(1)]
Q23. B [S. 327(1)]
Q24. C [S. 328/329]
Q25. B [S. 328(2) Proviso]
Q26. C [S. 329(4)]
Q27. C [S. 330(1)]
Q28. B [S. 330(1) second Proviso]
Q29. B [S. 331]
Q30. B [S. 332]
Q31. B [S. 333(1)]
Q32. B [S. 334]
Q33. B [S. 335(1)]
Q34. A [S. 335(2)]
Q35. B [S. 336]
Q36. A [S. 314]
Q37. B [S. 316(5)]
Q38. C [S. 317]
Q39. B [S. 310(2)]
Q40. B [S. 335(1)]
Q41. B [S. 323(2)/BSA S. 27]
Q42. C [S. 329(3)]
Q43. B [S. 336 Proviso]
Q44. B [S. 330(1) Proviso]
Q45. B [S. 313(1)]
Q46. C [S. 309(1)]
Q47. A [S. 316(4)]
Q48. C [S. 320(3)]
Q49. B [S. 331]
Q50. B [S. 323(1)]
Q51. B [S. 322(2)]
Q52. A [S. 333(2)]
Q53. C [S. 318]
Q54. B [S. 328(1)]
Q55. C [S. 336 second Proviso]
Q56. B [S. 306]
Q57. B [S. 314(2)]
Q58. B [S. 310(3)]
Q59. B [S. 326(2)]
Q60. B [S. 330(3)]

 

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