सं Samvidhan

BSA · Chapter IX

Of Witnesses — MCQs with answers

77 exam-style questions on this chapter, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.

Q1 · easy · BSA S.124

Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023, who is generally competent to testify?

  1. A.All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions or from giving rational answers to those questions.✓ correct
  2. B.Only adults of sound mind are competent to testify.
  3. C.Only persons certified by a medical practitioner are competent to testify.
  4. D.Only parties to the proceeding and their witnesses are competent to testify.

Why: The provision begins: 'All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions.' Thus competence is the general rule subject to the Court's assessment.

Read Section 124Who may testify

Q2 · easy · BSA S.124

Which of the following is explicitly listed in Section 124 as a possible reason that may prevent a person from testifying?

  1. A.Lack of formal education
  2. B.Tender years✓ correct
  3. C.Previous inconsistent statements
  4. D.Membership of a political party

Why: Section 124 lists 'tender years' among the grounds: 'prevented ... by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.' Lack of education, prior statements, or party membership are not listed.

Read Section 124Who may testify

Q3 · medium · BSA S.124

A person is of unsound mind but is able to understand the questions put and give rational answers. Under Section 124, is this person incompetent to testify?

  1. A.Yes; a person of unsound mind is automatically incompetent to testify.
  2. B.No; they are competent only if a medical certificate confirming sanity is produced.
  3. C.No; a person of unsound mind is not incompetent unless the unsoundness prevents understanding and giving rational answers.✓ correct
  4. D.Only if the Court appoints a guardian to assist can they testify.

Why: The Explanation states: 'A person of unsound mind is not incompetent to testify, unless he is prevented by his unsoundness of mind from understanding the questions put to him and giving rational answers to them.' So competency depends on ability to understand and answer, not mere label.

Read Section 124Who may testify

Q4 · medium · BSA S.124

Who must determine whether a person is 'prevented from understanding the questions put to them, or from giving rational answers' under Section 124?

  1. A.A medical board appointed by the parties
  2. B.The police investigating the matter
  3. C.The jury (where applicable)
  4. D.The Court✓ correct

Why: Section 124 states competence is subject to 'unless the Court considers that they are prevented ...' which places the decision on competency squarely with the Court, not police, jury, or an external medical board.

Read Section 124Who may testify

Q5 · hard · BSA S.124

Does 'extreme old age' listed in Section 124 automatically render a person incompetent to testify?

  1. A.No; extreme old age does not automatically disqualify—the Court must consider whether it prevents understanding questions or giving rational answers.✓ correct
  2. B.Yes; any person of extreme old age is automatically incompetent to testify.
  3. C.Only if a doctor certifies cognitive impairment does extreme old age disqualify the witness.
  4. D.Only if the witness themselves refuses to testify because of age.

Why: Section 124 includes 'extreme old age' as a possible cause but qualifies competence with 'unless the Court considers that they are prevented from understanding the questions ... or from giving rational answers.' Thus extreme old age alone is not an automatic disqualification.

Read Section 124Who may testify

72 more questions on Of Witnesses

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Questions are AI-generated from the legal text, machine-verified against the provision, and editorially reviewable. Education, not legal advice.