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BLS LLB 5 Years Sem 10 BSA and Law of Evidence Nov 2023 - 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 2023 - Evidence 60/40 Examination

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First published on munotes.in on 24 October 2026.

This edition revised 25 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 2023 - 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 2023 - 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  ·  21 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 out of ten

12 Marks - 2 marks each

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(a)What is Confession?[2]

Answer

Meaning. A confession is a statement by a person accused of an offence that admits the offence. Neither the Bharatiya Sakshya Adhiniyam, 2023 (BSA) nor the Indian Evidence Act, 1872 (IEA) defines it. In Pakala Narayana Swami v. Emperor, (1939) 41 Bom LR 428, the Privy Council explained the term. A confession must admit in terms the offence, or at any rate substantially all the facts that constitute it.

Its place in the Act. A confession is a kind of admission, made by an accused. Sections 22 to 24 of the BSA (sections 24 to 30 of the IEA) govern it.

Kinds.

  1. Judicial: made before a Magistrate recording it under section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, or in court.
  2. Extra-judicial: made outside court, to a private person.

When it is not admissible.

  1. If caused by inducement, threat, coercion or promise from a person in authority (section 22).
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  1. If made to a police officer (section 23(1)).
  2. If made in police custody, except in the immediate presence of a Magistrate (section 23(2)).

A self-serving statement is not a confession. In Palvinder Kaur v. State of Punjab, AIR 1952 SC 354, a statement that denied guilt while admitting some facts was held not to be a confession. A confession must also be read as a whole.

Example. A tells the Magistrate, "I stabbed B because he insulted my sister." That is a judicial confession.

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