AIBE Evidence Act and Bhartiya Sakshya Adhiniyam PYQs

Most Repeated Evidence Act and Bhartiya Sakshya Adhiniyam

These are the AIBE 2026 Most Repeated Evidence Act and Bhartiya Sakshya Adhiniyam (BSA):

Q1: Which section of the Indian Evidence Act states that an accomplice is a competent witness?

Answer: Section 133.

Section 133 of the Indian Evidence Act provides that an accomplice is a competent witness against an accused person. A conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice. However, courts generally seek corroboration as a rule of prudence under Illustration (b) of Section 114. In AIBE, questions are often asked regarding competency, reliability, and corroboration of accomplice testimony.

Q2: Under Section 118, who is a competent witness?

Answer: Any person capable of understanding questions and giving rational answers.

Section 118 states that all persons are competent to testify unless the court considers them incapable due to tender age, old age, disease, mental incapacity, or any other similar cause. Even children may testify if they can understand questions and provide rational answers. AIBE frequently asks conceptual questions regarding child witnesses, mentally challenged persons, and witness competency principles.

Q3: Facts forming part of the same transaction are relevant under which section?

Answer: Section 6.

Section 6 embodies the doctrine of Res Gestae, meaning facts connected with a transaction are relevant if they form part of the same occurrence. Statements made immediately before, during, or after an incident may become admissible if closely connected with the main event. In AIBE, practical questions involving spontaneous statements and surrounding circumstances are commonly framed from this doctrine.

Q4: If a person is unheard of for 7 years, under which section is death presumed?

Answer: Section 108.

Section 108 provides that when a person has not been heard of for seven years by those who would naturally have heard from them, the court may presume the person to be dead. However, the exact time of death is not presumed. This is one of the most repeated factual questions in AIBE examinations.

Q5: Leading questions are generally allowed during which examination?

Answer: Cross-examination.

A leading question suggests the answer within the question itself. Under Sections 141–143 of the Evidence Act, leading questions are generally permitted during cross-examination but not during examination-in-chief or re-examination without court permission. AIBE often asks direct questions about where leading questions are permissible.

Q6: Statements made by a dead person become relevant under which provision?

Answer: Section 32.

Section 32 makes statements of a person relevant when the cause of their death comes into question. Such statements are known as dying declarations. The principle is based on the maxim “Nemo moriturus praesumitur mentire”, meaning a person on the verge of death is unlikely to lie. AIBE repeatedly tests the essentials, admissibility, and evidentiary value of dying declarations.

Q6: Which sections deal with expert opinion?

Answer: Sections 45 and 46.

Section 45 states that opinions of experts are relevant when the court has to form an opinion upon foreign law, science, art, handwriting, or fingerprints. Section 46 provides supporting facts relevant to expert opinions. Medical experts, handwriting experts, and forensic experts are common examples. Questions from this topic are frequently asked in both direct and practical formats.

Q7: Oral accounts of the contents of a document are what type of evidence?

Answer: Secondary evidence.

Secondary evidence refers to evidence that is not the original document itself but substitutes for it under certain conditions. Sections 63 and 65 explain the kinds and admissibility of secondary evidence. Oral accounts of a document’s contents are generally considered secondary evidence when given by someone who has seen the document. AIBE often asks about conceptual distinctions between primary and secondary evidence.

Q8: Presumption regarding dowry death is provided under which section?

Answer: Section 113B.

Section 113B creates a presumption against the accused in cases of dowry death where it is shown that, soon before death, the woman was subjected to cruelty or harassment for dowry. The burden shifts to the accused to rebut the presumption. This is an important and repeatedly asked provision in AIBE 2026 due to its practical relevance in criminal trials.

Why Criminal Law Matters in AIBE 21

• 20–25% of the entire AIBE 21 paper comes from AIBE Criminal Law, making it one of the highest-weightage subjects.

• New criminal laws (BNS, BNSS, BSA) replaced IPC, CrPC, and Evidence Act, so AIBE will test whether candidates understand the updated structure and key changes.

• Conceptual, scenario-based questions are expected because the laws have been reorganised, redefined, and modernised.

• Criminal Law is highly scoring since definitions, illustrations, exceptions, and procedural rules are straightforward and predictable.

• Direct section-based questions are asked every year, and the new section numbers will be directly tested (e.g., “Which BNSS section deals with anticipatory bail?”).

• Practical daily practice of advocates revolves around criminal law (FIR, arrest, bail, evidence, trial), so AIBE ensures minimum competence in these areas.

• Most Criminal Law PYQs repeat year after year with minor wording changes, making it easy to score if PYQs are practised.

• Understanding Criminal Law improves accuracy across multiple subjects, including Procedure, Evidence, and Ethics.

• Mastering high-yield criminal law chapters significantly boosts overall AIBE score, often making the difference between passing and failing.