B.A. LL.B. (Five Years) Sem 10 BSA and Law of Evidence Oct 2025 Evidence 60/40 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B. (1) All questions are compulsory. (2) Figures to the right indicate full marks.

Q.1 Q.1: Answer the following in one or two sentences, any six out of ten (12 Marks - 2 marks each)

1. (a) What is a judicial confession?
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2. (b) What is the Res gestae rule?
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3. (c) Define admission.
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4. (d) Who is called a "Hostile witness"?
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5. (e) How may the contents of documents be proved?
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6. (f) What is an affidavit?
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7. (g) Define court under the Indian Evidence Act.
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8. (h) When are the Opinions of third persons relevant?
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9. (i) Give any two examples of a Public document.
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10. (j) What do you mean by Examination in chief?
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Q.2 Q.2: Write short notes, any two out of four (12 Marks - 6 marks each)

1. (a) Burden of proof.
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2. (b) Hearsay evidence.
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3. (c) Oral evidence.
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4. (d) Relevancy of Facts.
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Q.3 Q.3: Solve any two of the following with reasons (12 Marks - 6 marks each)

1. (a) Arun was seriously injured in an accident. Before dying, he told his friend Mohan that "it was Sunil who pushed me from the terrace." Later, Mohan testifies in court about Arun's statement. (1) Is Arun's statement admissible under Section 32 of the Evidence Act? Why or why not? (2) What conditions must be satisfied for such statements to be accepted as evidence?
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2. (b) Rohit is accused of the dowry death of his wife. Evidence shows she died within 5 years of marriage due to burns. (1) Does the burden of proof shift on Rohit to explain her death? Why? (2) Which Section of the Indian Evidence Act governs such shifting of the burden?
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3. (c) Vikram, a 10-year-old boy, is produced as a witness in a theft case. The defence argues that he is too young to testify. (1) Is Vikram competent to testify under the Indian Evidence Act, 1872? (2) What test should the judge apply before allowing him to depose?
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4. (d) During a murder trial before the criminal court, a key prosecution witness, Anil, suddenly changes his statement and supports the accused. (1) Can Anil be declared a hostile witness in this case? Give reasons. (2) What is the effect of declaring a witness hostile on the credibility of his testimony?
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Q.4 Q.4: Answer the following in detail, any two out of four (24 Marks - 12 marks each)

1. (a) Define extra-judicial confession. Explain when a confession caused by inducement, threat or promise is irrelevant in criminal proceedings.
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2. (b) Explain in detail the exclusion of oral evidence by documentary evidence: the rule of best evidence.
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3. (c) Define evidence. Explain the different kinds of evidence under the Evidence Act.
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4. (d) Define leading questions. Explain when they must not be asked and when they may be asked.
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