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BLS LLB 5 Years Sem 10 BSA and Law of Evidence Nov 2022 - Evidence 60/40 Question Paper with Solutions

Mumbai University Solved Question Papers

BSA and Law of Evidence

Previous Year Question Paper with Solution

BLS LLB 5 Years · Sem 10

Nov 2022 - Evidence 60/40 Examination

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First published on munotes.in on 24 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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munotes.in is an independent study resource for students of the University of Mumbai. It is not affiliated with the University of Mumbai, and is not endorsed by it.

The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2022 - Evidence 60/40 examination.

The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 on 1 July 2024, but section 170(2) keeps the old Act for every trial, inquiry or appeal pending on that day, and students repeating the subject still sit the Law of Evidence paper. So every answer here gives both sections. Most provisions kept their words but changed their numbers: section 27 of the old Act is now the proviso to section 23(2), section 32 is section 26, and section 65B is section 63, whose certificate is now in the Schedule. The old sections on cession of territory (113) and on questions by jurors or assessors (166) were dropped. Two changes of substance matter in answers. Section 138 now speaks of a conviction on the "corroborated" testimony of an accomplice, where section 133 said a conviction on uncorroborated testimony is not illegal. And the definitions of document and evidence now include electronic and digital records.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 2022 - Evidence 60/40 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

Duration 2 hours  ·  Total marks 60  ·  22 questions answered

Instructions printed on the paper

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

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.

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Q.1

Q.1: Answer the following in one or two sentences, any six

12 Marks - 2 marks each

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(a)What are leading questions?[2]

Answer

Definition. Section 146(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), formerly section 141 of the Indian Evidence Act, 1872 (IEA), defines it. A leading question is "any question suggesting the answer which the person putting it wishes or expects to receive".

Example. "Did you see A stab B with a knife at 10 p.m.?" suggests the whole answer, and the witness need only say "yes". The proper form is open: "What did you see at 10 p.m.?"

When it may not be asked. In an examination-in-chief or a re-examination, it must not be asked if the adverse party objects (section 146(2); IEA section 142). The court may still permit it. The party calling a witness is usually on friendly terms with him. A leading question would put words in his mouth.

When it may be asked.

  1. In cross-examination (section 146(4); IEA section 143).
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  1. In chief, on matters that are introductory or undisputed, or already sufficiently proved. The court "shall permit" these (section 146(3)).
  2. To one's own witness, with the court's permission to cross-examine him (section 157; IEA section 154).

The leading case. In Varkey Joseph v. State of Kerala, AIR 1993 SC 1892, the prosecutor led his witnesses in chief on the material part of a murder case. The Supreme Court held this illegal and unfair to the accused, and the conviction was set aside.

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