8 of 100 marks
AIBE 22: Evidence Act & Bharatiya Sakshya Adhiniyam
This subject carries 8 marks of the 100-mark paper — one of the heaviest on the syllabus. Section 45 has 32 questions on it, four times the official count.
What to carry, and where to tab
Bring the BSA 2023, unmarked. Blank index tabs only — anything written on a tab can get the book confiscated. These are the parts this subject actually draws from:
- BSA, Chapter I
- BSA, Chapter I & V
- BSA, Chapter II
- BSA, Chapter III
- BSA, Chapter IV
- BSA, Chapter IX
- BSA, Chapter V
- BSA, Chapter VII
- BSA, Chapter X
Provisions that recur
- § 23(1) BSA
- § 23(2) proviso, BSA
- § 26 BSA
- § 22 BSA
- § 4 BSA
- § 55 BSA
- § 39 BSA
- § 63 BSA
- § 108 BSA
- § 109 BSA
- § 118 BSA
- § 117 BSA
- § 121 BSA
- § 124 BSA
- § 138 BSA
- § 142 BSA
- § 146–147 BSA
- § 157 BSA
- § 148 BSA
- § 57 BSA
- § 60 BSA
- § 128 BSA
- § 132 BSA
- § 51–52 BSA
Sample questions
Three of the 32, with full explanations. The first ten are free in the app.
A confession made to a police officer is:
- Admissible if recorded in writing
- Admissible with the Magistrate's leave
- Not provable against a person accused of any offence
- Admissible if voluntary
Answer & explanation
Not provable against a person accused of any offence
BSA Section 23(1) corresponds to IEA Section 25. The bar is absolute and applies irrespective of whether the maker was in custody at the time.
So much of the information given by an accused in police custody as distinctly relates to the fact thereby discovered is:
- Admissible only with a Magistrate's certificate
- Admissible only against a co-accused
- Admissible in evidence
- Wholly inadmissible
Answer & explanation
Admissible in evidence
This is the discovery exception, corresponding to IEA Section 27, now in the proviso to BSA Section 23(2). Only that part of the statement which distinctly relates to the fact discovered is admissible.
A dying declaration is admissible under:
- Section 26 BSA
- Section 22 BSA
- Section 27 BSA
- Section 23 BSA
Answer & explanation
Section 26 BSA
BSA Section 26 corresponds to IEA Section 32. In India, unlike England, the declarant need not have been under expectation of death, and the declaration may relate to any circumstance of the transaction resulting in death.
Practise
Ten questions in Evidence Act & Bharatiya Sakshya Adhiniyam free, no card. Each answer cited to both codes with a line telling you where to look in the bare act.
Practise Evidence Act & Bharatiya Sakshya Adhiniyam