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LLB 3 years Sem 6 BSA and Law of Evidence Nov 2010 - Evidence Question Paper with Solutions

Mumbai University Solved Question Papers

BSA and Law of Evidence

Previous Year Question Paper with Solution

LLB 3 years · Sem 6

Nov 2010 - Evidence 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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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 2010 - Evidence 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 2010 - Evidence 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 3 hours  ·  Total marks 100  ·  25 questions answered

Instructions printed on the paper

  • N.B. (1) Attempt all questions. (2) Figures to the right indicate the marks allotted.

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 not more than two lines

20 Marks

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(a)Define a 'Court of law'.[2]

Answer

The definition. Section 3 of the Indian Evidence Act, 1872 (IEA) says: "'Court' includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence." Section 2(1)(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) uses the same words.

What it includes.

  1. All Judges, of every court, civil and criminal.
  2. All Magistrates.
  3. All other persons legally authorised to take evidence, such as a Commissioner appointed by a court to record evidence.

What it excludes. Arbitrators. They are not a "Court" for the Act, even though they decide disputes and hear evidence. Section 1(2) also says the Act does not apply to proceedings before an arbitrator.

Courts-martial. Section 1(2) says the Act applies to all judicial proceedings in or before any court, "including Courts-martial".

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Why the definition is "inclusive". The word "includes" widens the meaning. Bodies such as tribunals may be treated as courts where the law gives them power to take evidence.

Bodies that are not courts. A departmental inquiry is not bound by the strict rules of the Act. In State of Haryana v. Rattan Singh, (1977) 2 SCC 491, the Supreme Court held that such an inquiry may act on any material that is logically probative. This includes hearsay with a reasonable nexus. It must still observe natural justice.

Example. A Commissioner appointed by a civil court to record the evidence of a sick witness at home is a "Court" for that purpose.

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The rest of the answers

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