1. Under Section 51 of the Bharatiya Sakshya Adhiniyam, 2023, which of the following statements is correct?
(A) Every fact must be proved by oral evidence.
(B) No fact of which the Court will take judicial notice need be proved.
(C) Judicial notice is confined only to criminal cases.
(D) Judicial notice can be taken only after admission by parties.
2. Under Section 52, the Court shall take judicial notice of which of the following facts?
(1) All laws in force in the territory of India, including laws having extra-territorial operation
(2) International treaty, agreement or convention with country or countries by India
(3) The course of proceedings of the Constituent Assembly of India, Parliament of India and State Legislatures
(4) The seals of all Courts and Tribunals
Select the correct answer using the code given below:
(A) 1 and 2 only
(B) 2 and 3 only
(C) 1, 3 and 4 only
(D) 1, 2, 3 and 4
3. Which of the following is NOT expressly included among the facts of which the Court shall take judicial notice under Section 52?
(A) The territory of India
(B) The rule of the road on land or at sea
(C) Private family customs of parties to a suit
(D) The existence, title and national flag of every country or sovereign recognised by the Government of India
4. Under Section 52, when the Court is called upon by any person to take judicial notice of any fact, the Court may refuse to do so unless such person-
(A) produces two witnesses to prove such fact
(B) files an affidavit before the police officer
(C) produces such book or document as the Court considers necessary
(D) proves the fact by expert opinion only
5. Under Section 53, which statement is correct regarding admitted facts?
(A) Every admitted fact must still be proved by primary evidence.
(B) No fact admitted by parties or their agents at the hearing needs to be proved.
(C) Admitted facts are relevant only in civil proceedings.
(D) The Court has no discretion to require proof of admitted facts.
6. Under Section 54, which of the following may be proved by oral evidence?
(A) Contents of documents only
(B) All facts except the contents of documents
(C) Only public documents
(D) Only facts admitted in pleadings
7. Under Section 55, oral evidence referring to a fact which could be seen must be the evidence of-
(A) a witness who heard about it from another person
(B) a witness who says he saw it
(C) any expert in the subject
(D) any police officer who investigated the case
8. Under Section 55, oral evidence referring to an opinion or the grounds on which that opinion is held must be the evidence of-
(A) any person who has read the opinion
(B) the person who holds that opinion on those grounds
(C) a person who heard the opinion from a witness
(D) the investigating officer only
9. Under the proviso to Section 55, opinions of experts expressed in treatises commonly offered for sale may be proved by production of such treatises when the author-
(1) is dead
(2) cannot be found
(3) has become incapable of giving evidence
(4) cannot be called without unreasonable delay or expense
Select the correct answer using the code given below:
(A) 1 and 2 only
(B) 3 and 4 only
(C) 1, 2 and 3 only
(D) 1, 2, 3 and 4
10. Under Section 56, the contents of documents may be proved-
(A) only by oral evidence
(B) either by primary or by secondary evidence
(C) only by confession of the accused
(D) only by judicial notice
11. Under Section 57, primary evidence means-
(A) a copy made from the original
(B) oral account of the contents of a document
(C) the document itself produced for inspection of the Court
(D) a written admission about the contents of the document
12. Under Section 57, which statement is correct regarding electronic or digital records?
(A) Electronic records can never be primary evidence.
(B) Where an electronic or digital record is created or stored simultaneously or sequentially in multiple files, each such file is primary evidence.
(C) Only printed copies of electronic records are primary evidence.
(D) Temporary files in a computer resource are expressly excluded from primary evidence.
13. Under Section 58, secondary evidence includes which of the following?
(1) Certified copies given under the provisions contained in the Adhiniyam
(2) Copies made from the original by mechanical processes ensuring accuracy
(3) Oral accounts of contents of a document by a person who has himself seen it
(4) Oral admissions and written admissions
Select the correct answer using the code given below:
(A) 1 and 2 only
(B) 2 and 3 only
(C) 1, 3 and 4 only
(D) 1, 2, 3 and 4
14. Under Section 60, secondary evidence may be given of the existence, condition or contents of a document in which of the following cases?
(1) When the original is in possession of the person against whom it is sought to be proved and he does not produce it after notice under Section 64
(2) When the original has been destroyed or lost without default or neglect of the party offering evidence
(3) When the original is of such a nature as not to be easily movable
(4) When the original is a public document within the meaning of Section 74
Select the correct answer using the code given below:
(A) 1 and 2 only
(B) 3 and 4 only
(C) 1, 2 and 4 only
(D) 1, 2, 3 and 4
15. Under Section 64, notice to produce is not required to render secondary evidence admissible in which of the following cases?
(1) When the document to be proved is itself a notice
(2) When the adverse party or his agent has the original in Court
(3) When the adverse party or his agent has admitted the loss of the document
(4) When the adverse party has obtained possession of the original by fraud or force
Select the correct answer using the code given below:
(A) 1 only
(B) 1 and 2 only
(C) 2, 3 and 4 only
(D) 1, 2, 3 and 4
16. India’s climate is mainly described as:
(A) Equatorial climate
(B) Monsoon climate
(C) Tundra climate
(D) Mediterranean climate
17. The south-west monsoon generally enters India first through:
(A) Punjab
(B) Kerala coast
(C) Rajasthan desert
(D) Arunachal Pradesh plains only
18. Which branch of the south-west monsoon gives heavy rainfall to the Western Ghats?
(A) Arabian Sea branch
(B) Bay of Bengal branch
(C) North-east branch
(D) Western disturbance branch
19. Black soil is most suitable for the cultivation of:
(A) Cotton
(B) Tea
(C) Jute
(D) Rubber
20. Laterite soil is commonly found in regions with:
(A) Heavy rainfall and leaching
(B) Permanent snow cover
(C) Desert sand dunes only
(D) River deltas only
21. If A : B = 3 : 5 and B : C = 10 : 7, then A : C is:
(A) 3 : 7
(B) 6 : 7
(C) 7 : 6
(D) 5 : 7
22. Divide Rs. 840 in the ratio 2 : 5. The larger share is:
(A) Rs. 240
(B) Rs. 420
(C) Rs. 500
(D) Rs. 600
23. If 4, 6, x and 15 are in proportion, then x is:
(A) 8
(B) 9
(C) 10
(D) 12
24. The ratio of boys to girls in a class is 5 : 4. If there are 45 students, how many girls are there?
(A) 15
(B) 18
(C) 20
(D) 25
25. If 12 workers can finish a work in 10 days, how many workers are needed to finish it in 6 days?
(A) 16
(B) 18
(C) 20
(D) 24
26. Under Section 23, which of the following is NOT by itself listed as making consideration or object unlawful?
(A) It is forbidden by law.
(B) It is fraudulent.
(C) It is merely inadequate.
(D) It involves injury to person or property of another.
27. Under Section 24, where part of a single consideration for one or more objects is unlawful, the agreement is:
(A) Void only to the extent of unlawful part in every case
(B) Void
(C) Voidable at the option of promisor
(D) Valid if the lawful part is larger
28. Which agreement is void under Section 26?
(A) Agreement restraining marriage of a minor
(B) Agreement restraining marriage of any person other than a minor
(C) Agreement fixing date of marriage
(D) Agreement for expenses of marriage ceremony
29. Section 27 makes void an agreement restraining lawful profession, trade or business:
(A) Completely only, but not partially
(B) To that extent
(C) Only if restraint exceeds five years
(D) Only if consideration is absent
30. The statutory exception to Section 27 relates to:
(A) Sale of goodwill of business with restraint within specified local limits so long as buyer or derivative title-holder carries on like business there
(B) Every restraint imposed in employment contract
(C) Every restraint between competitors
(D) Every restraint approved by witnesses
31. Under Section 28, which agreement is void?
(A) Agreement absolutely restricting a party from enforcing contractual rights by usual legal proceedings in ordinary tribunals
(B) Agreement to refer future disputes to arbitration as permitted by the exception
(C) Agreement to refer existing questions to arbitration
(D) Agreement appointing a forum where law permits
32. Which additional type of agreement is void under Section 28?
(A) Agreement limiting the time within which a party may enforce contractual rights, so as to restrict enforcement by usual legal proceedings
(B) Agreement extending limitation by statute
(C) Agreement recording mode of payment
(D) Agreement specifying delivery date
33. Under Section 29, an agreement is void when:
(A) Its meaning is not certain and not capable of being made certain
(B) It is written in English
(C) It contains consideration
(D) It is made between competent parties
34. Under Section 30, agreements by way of wager are:
(A) Void but collateral commercial contracts are always illegal under the section
(B) Void, and no suit shall be brought for recovering anything alleged to be won on any wager
(C) Voidable at the option of winner
(D) Enforceable if witnesses are present
35. Section 30 does not render unlawful a subscription, contribution or agreement to subscribe or contribute toward a prize for horse-racing when the prize is:
(A) Less than Rs. 500
(B) Rs. 500 or upwards
(C) Any amount, without limit
(D) Payable only in non-monetary form
ANSWER KEY
1. B – Section 51 says judicially noticeable facts need not be proved.
2. D – Section 52 includes all four categories for judicial notice.
3. C – Private family customs are not listed as facts mandatorily judicially noticed under Section 52.
4. C – The Court may require production of necessary books or documents before taking judicial notice.
5. B – Facts admitted by parties or their agents need not be proved, though Court may require proof.
6. B – Section 54 permits oral proof of all facts except contents of documents.
7. B – Direct oral evidence of a seen fact must come from the person who says he saw it.
8. B – Opinion evidence must come from the person who holds that opinion on those grounds.
9. D – All four conditions are expressly mentioned in the proviso to Section 55.
10. B – Section 56 allows proof of document contents by primary or secondary evidence.
11. C – Section 57 defines primary evidence as the document itself produced for Court inspection.
12. B – Section 57 expressly treats each such multiple electronic file as primary evidence.
13. D – Section 58 includes certified copies, mechanical copies, oral accounts by a person who saw it, and admissions.
14. D – All four are covered under the cases for secondary evidence in Section 60.
15. D – Section 64 dispenses with notice in all four stated cases.
16. B – Monsoon climate – India has a tropical monsoon type of climate.
17. B – Kerala coast – The south-west monsoon usually first reaches the Kerala coast.
18. A – Arabian Sea branch – This branch causes heavy rainfall on the Western Ghats.
19. A – Cotton – Black soil is highly suitable for cotton cultivation.
20. A – Heavy rainfall and leaching – Laterite soil develops under intense leaching.
21. B – 6:7 – A:B = 6:10 and B:C = 10:7, so A:C = 6:7.
22. D – Rs. 600 – Larger share = 5/7 × 840 = Rs. 600.
23. C – 10 – 4:6 = x:15, so x = 10.
24. C – 20 – Girls = 4/9 × 45 = 20.
25. C – 20 – Workers and days are inversely proportional: 12 × 10 / 6 = 20.
26. C – Mere inadequacy is not by itself unlawful under Section 23.
27. B – Section 24 makes the whole agreement void in such case.
28. B – Section 26 voids restraint of marriage of persons other than minors.
29. B – Section 27 voids restraint “to that extent.”
30. A – Sale of goodwill exception is limited by specified local limits and business continuation.
31. A – Section 28 voids absolute restriction on usual legal proceedings.
32. A – Section 28 also covers contractual limitation of enforcement time.
33. A – Section 29 voids uncertain agreements not capable of being made certain.
34. B – Section 30 voids wagers and bars suits for winnings.
35. B – Horse-racing prize exception applies where prize is Rs. 500 or upwards.