Haryana ADA Self Prep DAY 12

1. Under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023, opinions of experts become relevant when the Court has to form an opinion upon which of the following matters?
(1) Foreign law
(2) Science or art
(3) Identity of handwriting or finger impressions
(4) Matters relating to information stored in electronic or digital form, through the Examiner of Electronic Evidence
Select the correct answer using the code given below:
(A) 1 and 2 only
(B) 1, 2 and 3 only
(C) 3 and 4 only
(D) 1, 2, 3 and 4

2. Which one of the following is expressly treated as an expert under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023?
(A) A person who has merely used a computer device
(B) Examiner of Electronic Evidence referred to in Section 79A of the Information Technology Act, 2000
(C) Any police officer who seizes a mobile phone
(D) Any person who has seen an electronic record

3. Under Section 40 of the Bharatiya Sakshya Adhiniyam, 2023, facts not otherwise relevant become relevant when they-
(A) merely contradict the pleadings of a party
(B) are mentioned in any document produced by the prosecution
(C) support or are inconsistent with relevant expert opinions
(D) are orally stated before a police officer

4. A Court has to decide whether a disputed letter was written by A. Which of the following persons may give relevant opinion under Section 41 regarding A’s handwriting?
(1) A person who has seen A write
(2) A person who received letters purporting to be written by A in reply to letters written by himself
(3) A person to whom, in the ordinary course of business, documents purporting to be written by A were habitually submitted
Select the correct answer using the code given below:
(A) 1, 2 and 3
(B) 1 only
(C) 2 and 3 only
(D) 1 and 3 only

5. When the Court has to form an opinion as to the electronic signature of any person, whose opinion is relevant under Section 41 of the Bharatiya Sakshya Adhiniyam, 2023?
(A) Investigating Officer
(B) Any computer operator
(C) Certifying Authority which issued the Electronic Signature Certificate
(D) Person who downloaded the document

6. Under Section 42, which of the following correctly states when opinion as to general custom or right is relevant?
(A) Opinion of any stranger is relevant even if he has no likely knowledge of the custom
(B) Opinion of persons likely to know of the existence of such general custom or right is relevant
(C) Only documentary proof is relevant and opinion evidence is barred
(D) Only an expert appointed by the Court can give such opinion

7. Under Section 43 of the Bharatiya Sakshya Adhiniyam, 2023, opinion of persons having special means of knowledge is relevant when the Court has to form an opinion about-
(1) Usages and tenets of any body of men or family
(2) Constitution and governance of any religious or charitable foundation
(3) Meaning of words or terms used in particular districts or by particular classes of people
Select the correct answer using the code given below:
(A) 1 only
(B) 2 only
(C) 1 and 3 only
(D) 1, 2 and 3

8. Under Section 44, opinion on relationship is relevant only when such opinion is-
(A) expressed by conduct by a person having special means of knowledge
(B) expressed by any neighbour without special knowledge
(C) based only on a written certificate by a private person
(D) given by a police officer during investigation

9. Which statement is correct regarding Section 45 of the Bharatiya Sakshya Adhiniyam, 2023?
(A) Grounds of opinion are irrelevant even when opinion is relevant
(B) Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant
(C) Grounds of opinion are relevant only in criminal trials
(D) Grounds of opinion are relevant only if the Court first declares the person hostile

10. In a civil case, the fact that the character of a person is such as to render probable or improbable the conduct imputed to him is, under Section 46-
(A) always relevant
(B) relevant only if the opposite party consents
(C) irrelevant, except in so far as such character appears from facts otherwise relevant
(D) relevant only in matrimonial proceedings

11. Consider the following statements under Sections 47 and 49 of the Bharatiya Sakshya Adhiniyam, 2023:
(1) In criminal proceedings, the fact that the accused is of good character is relevant.
(2) In criminal proceedings, previous bad character of the accused is generally irrelevant unless evidence has been given that he has a good character.
(3) A previous conviction is relevant as evidence of bad character.
Which of the above statements is/are correct?
(A) 1 only
(B) 1 and 2 only
(C) 2 and 3 only
(D) 1, 2 and 3

12. Under Section 48, in prosecutions for specified sexual offences under the Bharatiya Nyaya Sanhita where consent is in issue, evidence of the victim’s character or previous sexual experience is-
(A) relevant to prove consent
(B) not relevant on the issue of consent or quality of consent
(C) relevant only if the accused demands it
(D) relevant only during cross-examination

13. Under Section 50, in civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive is-
(A) relevant
(B) irrelevant in all circumstances
(C) relevant only in criminal cases
(D) relevant only where character is directly a fact in issue

14. Match List I with List II and select the correct answer using the code given below:
List I
A. Section 39
B. Section 41
C. Section 44
D. Section 50
List II
(1) Character as affecting damages
(2) Opinion on relationship
(3) Opinion as to handwriting, signature and electronic signature
(4) Opinions of experts
(A) A-1, B-2, C-3, D-4
(B) A-2, B-1, C-4, D-3
(C) A-4, B-3, C-2, D-1
(D) A-3, B-4, C-1, D-2

15. Which of the following statements is NOT correct as per Sections 46 to 50 of the Bharatiya Sakshya Adhiniyam, 2023?
(A) Previous good character of an accused is relevant in criminal proceedings.
(B) Previous bad character is generally irrelevant unless evidence of good character has been given.
(C) Character includes both reputation and disposition.
(D) Particular acts are generally admissible to prove character under Sections 46, 47, 49 and 50.

16. The three Battles of Panipat are especially associated with the history of which present-day State?
(A) Haryana
(B) Kerala
(C) Odisha
(D) Assam

17. The First Battle of Panipat in 1526 was fought between Babur and:
(A) Ibrahim Lodi
(B) Hemu
(C) Ahmad Shah Abdali
(D) Sher Shah Suri

18. The Second Battle of Panipat in 1556 was fought between Akbar’s forces and:
(A) Hemu
(B) Ibrahim Lodi
(C) Prithviraj Chauhan
(D) Ranjit Singh

19. The Third Battle of Panipat in 1761 was fought between the Marathas and:
(A) Ahmad Shah Abdali
(B) Babur
(C) Nadir Shah
(D) Humayun

20. Haryana became a separate State on:
(A) 1 November 1966
(B) 26 January 1950
(C) 15 August 1947
(D) 1 May 1960

21. Pointing to a woman, Ravi says, “She is the daughter of my mother’s only son.” How is the woman related to Ravi?
(A) Daughter
(B) Sister
(C) Mother
(D) Aunt

22. A is B’s brother. B is C’s mother. C is D’s sister. How is A related to D?
(A) Maternal uncle
(B) Father
(C) Brother
(D) Grandfather

23. Pointing to a boy, Neha says, “He is the son of my father’s only daughter.” How is the boy related to Neha?
(A) Son
(B) Brother
(C) Father
(D) Nephew

24. P is the mother of Q. Q is the brother of R. R is the daughter of P’s husband S. How is S related to Q?
(A) Father
(B) Sister
(C) Son
(D) Mother

25. If X is the son of Y and Y is the daughter of Z, how is Z related to X?
(A) Grandparent
(B) Brother
(C) Uncle
(D) Cousin

26. Under Section 2(d), which combination is essential for valid consideration?
(A) Act, abstinence or promise must be at the desire of the promisor, and may be by promisee or any other person.
(B) Act must always be done by promisee personally and never by a third person.
(C) Act must be done voluntarily without desire of promisor.
(D) Act must always be future and never past.

27. A saves B’s property voluntarily. Later, B signs a promise to pay A Rs. 50,000 for the service. Which statement is correct under Section 25?
(A) Void, because past acts can never support a promise.
(B) Enforceable if it falls within promise to compensate a person who has voluntarily done something for the promisor.
(C) Void unless registered as natural love and affection agreement.
(D) Valid only if A was legally bound to save the property.

28. Which agreement is saved by Section 25(1)?
(A) Oral promise between friends based on affection
(B) Written but unregistered promise between near relatives based on natural love and affection
(C) Written and registered agreement made on account of natural love and affection between parties standing in near relation
(D) Registered promise between strangers without consideration

29. Under Section 25(3), a promise to pay a time-barred debt is enforceable when it is:
(A) Oral and made before two witnesses
(B) In writing and signed by the person to be charged or his duly authorised agent
(C) Registered compulsorily in all cases
(D) Supported by fresh consideration only

30. Consider the following statements:
(1) Inadequacy of consideration by itself makes an agreement void.
(2) Inadequacy of consideration may be considered by the Court in deciding whether consent was freely given.
(3) Completed gifts between donor and donee are not affected by Section 25.
Which are correct?
(A) 1 only
(B) 2 and 3 only
(C) 1 and 3 only
(D) 1, 2 and 3

31. Under Section 2(e), an agreement is:
(A) Every proposal forming consideration for itself
(B) Every promise and every set of promises forming consideration for each other
(C) Every void promise without consideration
(D) Every accepted offer without reciprocal obligations only

32. A promises to pay B Rs. 20,000 because B had earlier done something which A was legally compellable to do. Which provision is most relevant?
(A) Section 25(1)
(B) Section 25(2)
(C) Section 25(3)
(D) Section 30

33. Which of the following is NOT correct under Section 2(d)?
(A) Consideration may consist of doing something.
(B) Consideration may consist of abstaining from doing something.
(C) Consideration may consist of promising to do or abstain from doing something.
(D) Consideration must always move only from the promisee and never from any other person.

34. A promises his sister Rs. 2 lakh out of natural love and affection. The promise is in writing but not registered. No consideration is paid. Which statement is correct?
(A) Enforceable because parties are near relatives.
(B) Enforceable because natural love is sufficient without registration.
(C) Void for want of consideration because Section 25(1) conditions are not fully satisfied.
(D) Void only if sister refuses to accept.

35. Which of the following is the best bare-act statement?
(A) Consideration is invalid if it is past.
(B) Consideration is invalid if it moves from a third person at the desire of promisor.
(C) Consideration may be past, present or future because Section 2(d) uses “has done”, “does” and “promises to do”.
(D) Consideration must always be money.

ANSWER KEY
1. D – Section 39 covers expert opinion on foreign law, science/art, handwriting/finger impressions and electronic/digital evidence through the Examiner of Electronic Evidence.
2. B – The Examiner of Electronic Evidence under Section 79A of the IT Act is treated as an expert.
3. C – Section 40 makes facts relevant if they support or contradict relevant expert opinions.
4. A – Section 41 treats all three categories as persons acquainted with handwriting.
5. C – The Certifying Authority issuing the Electronic Signature Certificate gives relevant opinion on electronic signature.
6. B – Section 42 requires opinion of persons likely to know about the general custom or right.
7. D – Section 43 covers usages/tenets, religious or charitable foundations, and local/class meanings of words.
8. A – Section 44 requires opinion on relationship expressed by conduct by a person having special means of knowledge.
9. B – Section 45 makes grounds of relevant opinion also relevant.
10. C – In civil cases, character to prove conduct is irrelevant except where it appears from otherwise relevant facts.
11. D – Good character is relevant, bad character is generally irrelevant unless good character is shown, and previous conviction proves bad character.
12. B – Section 48 bars victim character or previous sexual experience on the issue of consent or quality of consent.
13. A – Section 50 makes character relevant in civil cases where it affects damages.
14. C – Section 39 experts, Section 41 handwriting/signature, Section 44 relationship, Section 50 damages.
15. D – Except as provided, evidence of character is generally of general reputation/disposition, not particular acts.
16. A – Panipat is in present-day Haryana and is linked with all three famous battles.
17. A – The First Battle of Panipat was fought between Babur and Ibrahim Lodi.
18. A – The Second Battle of Panipat was fought between Akbar’s forces and Hemu.
19. A – The Third Battle of Panipat was fought between the Marathas and Ahmad Shah Abdali.
20. A – Haryana was formed as a separate State on 1 November 1966.
21. A – Ravi’s mother’s only son is Ravi; his daughter is Ravi’s daughter.
22. A – A is the brother of B, who is D’s mother; hence A is D’s maternal uncle.
23. A – Neha’s father’s only daughter is Neha; the boy is her son.
24. A – Since R is Q’s sister and S is P’s husband, S is Q’s father.
25. A – Y is X’s parent and daughter of Z; therefore Z is X’s grandparent.
26. A – Section 2(d) allows consideration by promisee or any other person at promisor’s desire.
27. B – Section 25 saves promise to compensate voluntary act done for promisor.
28. C – Section 25(1) requires writing, registration, near relation and natural love.
29. B – Section 25(3) requires written and signed promise or authorised agent’s signature.
30. B – Inadequacy alone is not voiding, but may affect free consent; completed gifts are saved.
31. B – Section 2(e) defines agreement as promises forming consideration for each other.
32. B – Section 25(2) covers acts done voluntarily or acts promisor was legally compellable to do.
33. D – Section 2(d) expressly permits consideration from promisee or any other person.
34. C – Natural love exception fails without registration.
35. C – Section 2(d) covers past, present and future consideration.