KSLU Solved Question Papers
Law of Evidence
Previous Year Question Paper with Solution
B.A. LL.B. (Five Years) · Sem 8
2025 Jun Examination
munotes.in
Mumbai
B.A. LL.B. (Five Years) Sem 8 Law of Evidence 2025 Jun Question Paper with Solutions
First published on munotes.in on 21 October 2026.
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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2025 Jun examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2025 Jun examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2025 Jun examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 80 · 20 questions answered
Instructions printed on the paper
- N.B. (1) Answer all five Units. (2) One essay type question and short note/problems is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answer should be written either in English or Kannada completely.
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1
Unit I
(a)Define evidence. The rules of evidence in general are same in civil and criminal cases. Discuss.[10]
Answer
For full marks, cover: the definition of "evidence" in section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023 (old section 3 of the Indian Evidence Act, 1872), oral and documentary, now including electronic statements and records; the statement examined: one Act for all judicial proceedings (section 1(2)), with the same rules of relevancy, proof, documents and witnesses; the real differences: the standard of proof (Woolmington, Dahyabhai Chhaganbhai Thakker), the burden on the accused for exceptions (section 108, K.M. Nanavati), character (sections 46 to 49), confessions and civil admissions (sections 21 to 24), the accused as a witness, presumptions peculiar to crime, and the effect of judgments (K.G. Premshanker); a table; a conclusion.
What "evidence" means
Section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023 says "evidence" means and includes two things.
- Oral evidence: "all statements including statements given electronically which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry".
- Documentary evidence: "all documents including electronic or digital records produced for the inspection of the Court".
It was section 3 of the Indian Evidence Act, 1872. The words on electronic statements and records are new, so evidence given by video link is now oral evidence.
Why the statement is broadly true
1. One Act for both. Section 1(2) says the Adhiniyam "applies to all judicial proceedings in or before any Court, including Courts-martial". It excludes only affidavits and arbitration. There is no separate code of evidence for civil and criminal courts.
2. The same law of relevancy. Section 3 admits evidence only of facts in issue and relevant facts in every suit or proceeding. Sections 4 to 14 (res gestae, motive, conduct, state of mind) apply in both kinds of case.
3. The same meaning of "proved". Section 2(1)(j) defines "proved" in one formula for every case. The court must believe the fact exists, or consider it so probable that a prudent man ought to act on it.
4. The same rules on documents and witnesses. Primary and secondary evidence, proof of handwriting and attestation, and the rules of examination and cross-examination apply alike.
5. Some rules say so expressly. A dying declaration is relevant "whatever may be the nature of the proceeding" (section 26(a)). Hearsay is excluded in both (section 55). Privileges such as those for spouses and advocates apply in both.
Where the two differ
1. The standard of proof. The definition of "proved" is the same, but the prudent man's caution differs. In a civil case a preponderance of probability suffices. In a criminal case guilt must be proved beyond reasonable doubt.
Facts. In Woolmington v. Director of Public Prosecutions, [1935] AC 462, a man was convicted of murdering his wife after the judge told the jury he had to prove the shooting was an accident.
Held. The House of Lords quashed the conviction. It is the prosecution's duty to prove guilt. If a reasonable doubt remains on the whole evidence, the accused must be acquitted.
2. The burden for exceptions. Section 108 (old section 105) puts on the accused the burden of proving that his case falls within a General Exception or a special exception. In K.M. Nanavati v. State of Maharashtra, AIR 1962 SC 605, the Supreme Court held that this does not shift the prosecution's burden to prove the offence. In Dahyabhai Chhaganbhai Thakker v. State of Gujarat, AIR 1964 SC 1563, it added that the accused's burden of proving insanity is no higher than a civil party's.
3. Character. In civil cases character to prove conduct is irrelevant (section 46). In criminal cases the accused's good character is relevant (section 47). His bad character is irrelevant unless he first leads evidence of good character (section 49).
4. Confessions and admissions. Confessions belong only to criminal cases, with special exclusions in sections 22 to 24. In civil cases, admissions made "without prejudice" are irrelevant (section 21).
5. The parties as witnesses. In civil cases the parties and their spouses are competent witnesses (section 126(1)). In a criminal case the accused is a competent witness only for the defence, on his own written request. His silence cannot be held against him (section 353 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
6. Presumptions peculiar to crime. Sections 115, 117, 118 and 120 raise presumptions only in prosecutions. Examples are waging war, abetment of a married woman's suicide, dowry death and absence of consent in rape.
7. Judgments. A civil judgment does not bind a criminal court, nor the reverse. In K.G. Premshanker v. Inspector of Police, (2002) 8 SCC 87, the Supreme Court held that a previous judgment counts only so far as the judgment sections allow.
The comparison
| Point | Civil case | Criminal case |
|---|---|---|
| Statute | the Adhiniyam | the same Adhiniyam |
| Standard of proof | preponderance of probability | beyond reasonable doubt |
| Burden | on the party asserting | on the prosecution; exceptions on the accused (s.108) |
| Character | irrelevant to prove conduct (s.46) | good character relevant (s.47); bad only in reply (s.49) |
| Confessions | none | ss.22 to 24 |
| Parties as witnesses | competent (s.126(1)) | accused only for the defence (BNSS s.353) |
Conclusion. Evidence under section 2(1)(e) of the Adhiniyam is oral and documentary, now expressly including electronic statements and records. The statement that the rules are in general the same is correct. One Act governs all judicial proceedings, with one law of relevancy, one meaning of "proved", and common rules on documents and witnesses. But criminal cases add important differences. The first is proof beyond reasonable doubt (Woolmington), and the second the accused's special burden for exceptions (Nanavati, Dahyabhai). Then come the rules on character, confessions and the accused as a witness, and presumptions peculiar to crime. The position is the same under the 1872 Act.
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