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LLB 3 years Sem 5 BNSS and CrPC Apr 2025 - BNSS 75/25 Question Paper with Solutions

Mumbai University Solved Question Papers

BNSS and CrPC

Previous Year Question Paper with Solution

LLB 3 years · Sem 5

Apr 2025 - BNSS 75/25 Examination

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First published on munotes.in on 29 September 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 Apr 2025 - BNSS 75/25 examination.

This paper was set on the Code of Criminal Procedure, 1973, and its answers are written on the Code the questions name. The Bharatiya Nagarik Suraksha Sanhita, 2023 repealed the Code on 1 July 2024, though cases begun before that date still run under it, and the Sanhita papers sit in the same folder; a reader preparing for them should check every section number and every time limit against the Sanhita. Two further things are corrected silently throughout. Where the printed header names the Juvenile Justice Act, 2000, which was repealed on 15 January 2016, the answers are on the Act of 2015 as amended in 2021. And the Probation of Offenders Act, 1958, whose own Section 2(a) still defines the Code as that of 1898, is read today with the Code of 1973.

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The Paper as Set

The questions in this volume are the questions asked at the Apr 2025 - BNSS 75/25 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 2½ hours  ·  Total marks 75  ·  21 questions answered

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 any six of the following questions in 2-3 sentences

any 6 of 8 · 12 Marks

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(a)Who is accomplice?[2]

Answer

An accomplice is a guilty associate in the crime. He is a person who himself took part in the offence charged. He then gives evidence for the prosecution against those who took part with him.

The Sanhita does not define him. His position comes from the law of evidence.

Section 138, Bharatiya Sakshya Adhiniyam, 2023: "An accomplice shall be a competent witness against an accused person; and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice."

Illustration (b) to section 119, BSA, 2023: the Court may presume that an accomplice is unworthy of credit, unless he is corroborated in material particulars.

The change matters, and it is new. Section 133 of the Indian Evidence Act, 1872 said a conviction was not illegal merely because it proceeded on the uncorroborated testimony of an accomplice. The Evidence Act was repealed on 1 July 2024. Section 138 of the BSA drops the word "merely" and puts "corroborated" where "uncorroborated" stood. On its plain words, corroboration is now a requirement of law and no longer only a rule of prudence.

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How corroboration works. It must come from an independent source. It must connect the accused with the crime. One accomplice cannot corroborate another.

Becoming an approver. An accomplice turns into a lawful prosecution witness through a tender of pardon under sections 343 and 344, BNSS, 2023 (formerly sections 306 and 307, CrPC). Once pardoned he is called an approver, and he must be examined as a witness both in the committal proceeding and at the trial.

The case. In Bhiva Doulu Patil v. State of Maharashtra, AIR 1963 SC 599, the Supreme Court explained the relation between the two provisions. Section 133 and illustration (b) to section 114 had to be read together. Corroboration was a rule of prudence so firmly settled that it had become a rule of law in practice. Section 138 of the BSA has now written that practice into the section itself.

Conclusion. An accomplice is a competent witness whose evidence needs independent corroboration connecting the accused with the crime. Since 1 July 2024 the statute itself, and not merely judicial prudence, requires that corroboration.

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