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BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2012 - Evidence Examination
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LLB 3 years Sem 6 BSA and Law of Evidence May 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 May 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 May 2012 - Evidence examination, in the order it was set.
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The Paper as Set
The questions in this volume are the questions asked at the May 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
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)What do you mean by 'Document'? Give three examples.[2]
Answer
Meaning. A document is any matter expressed or recorded on a substance, meant to be used as a record of that matter. Section 2(1)(d) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) defines it as "any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means". It must be "intended to be used, or which may be used, for the purpose of recording that matter". It "includes electronic and digital records".
The 1872 Act. Section 3 of the Indian Evidence Act, 1872 (IEA) had a similar definition. The BSA adds "or otherwise recorded", "or any other means", and electronic and digital records.
The three elements.
- Some matter, such as words, figures or a picture.
- Expressed or recorded on a substance, such as paper, metal, stone or a computer disk.
- Intended or able to serve as a record of that matter.
Examples (the illustrations to the definition).
- A writing is a document.
- Words printed, lithographed or photographed are documents.
- A map or plan is a document.
- An inscription on a metal plate or stone is a document.
- A caricature is a document.
- New in the BSA: e-mails, server logs, documents on computers, laptops or smartphones, messages, websites, locational evidence and voice mail messages are documents.
Why it matters. Documentary evidence means documents produced for the court's inspection (section 2(1)(e)). Their contents must be proved by primary or secondary evidence (section 56).
Further examples. A sale deed, a will, a bank passbook, a post-mortem report, and a WhatsApp message saved on a phone.
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