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BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Dec 2012 - Evidence Examination
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LLB 3 years Sem 6 BSA and Law of Evidence Dec 2012 - 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 Dec 2012 - 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 Dec 2012 - 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 Dec 2012 - 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
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 in one line
20 Marks
(1)What is secondary evidence?[2]
Answer
Meaning. Secondary evidence is evidence of the contents of a document other than the original document itself. It is a substitute, allowed only when the original cannot be produced. It is governed by section 58 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), formerly section 63 of the Indian Evidence Act, 1872 (IEA).
What it includes (section 58).
- Certified copies.
- Copies made from the original by mechanical processes that ensure accuracy, such as a photocopy, and copies compared with such copies.
- Copies made from or compared with the original.
- Counterparts of documents, against the parties who did not sign them.
- Oral accounts of the contents by a person who has seen the document.
- New in the BSA: oral admissions, written admissions, and the evidence of a skilled person who has examined numerous accounts.
When it may be given. Only in the cases listed in section 60 (IEA section 65). Examples are where the original is lost or destroyed, or is a public document. Another is where the opposite party holds it and fails to produce it after notice.
A foundation is needed. The party must first explain why the original is not produced. In H. Siddiqui v. A. Ramalingam, (2011) 4 SCC 240, the Supreme Court held secondary evidence inadmissible until the non-production of the original is accounted for.
Illustration (a) to section 58. A photograph of an original is secondary evidence of its contents, if the thing photographed is proved to be the original.
Example. A sale deed is burnt in a fire. The owner may prove it by a certified copy from the registration records.
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