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BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Apr 2011 - Evidence Examination
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LLB 3 years Sem 6 BSA and Law of Evidence Apr 2011 - Evidence Question Paper with Solutions
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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 Apr 2011 - 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.
Contents
The questions below are the paper as the University of Mumbai set it at the Apr 2011 - Evidence examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Apr 2011 - 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.
Q.1
Q.1: Answer the following in not more than two lines
20 Marks
(a)Define an admission.[2]
Answer
Meaning. An admission is a statement by a party, or by a person connected with him. It suggests an inference about a fact in issue or a relevant fact. Section 15 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), formerly section 17 of the Indian Evidence Act, 1872 (IEA), defines it as "a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact". It must be made by the persons, and in the circumstances, the Act mentions.
Who may make it (sections 16 to 18).
- A party to the proceeding, or his authorised agent.
- A person suing or sued in a representative character, while he holds that character.
- A person with a proprietary or pecuniary interest in the subject matter, while the interest lasts.
- A person from whom a party derives his interest.
- A person whose position must be proved against a party, and a person to whom a party has expressly referred for information.
Its effect.
- It may be proved against the person who makes it (section 19).
- It is not conclusive proof, but it may operate as an estoppel (section 25).
- It is substantive evidence of the fact admitted (Bharat Singh v. Bhagirathi, AIR 1966 SC 405).
- In civil cases, an admission made on the condition that it will not be used in evidence is not relevant (section 21).
New in the BSA. An admission may now be "contained in electronic form".
Example. In a suit for a loan, the defendant's letter saying "I will repay your Rs. 50,000 next month" is an admission that he borrowed the money.
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