Mumbai University Solved Question Papers
BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Apr 2014 - Evidence Examination
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LLB 3 years Sem 6 BSA and Law of Evidence Apr 2014 - 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 2014 - 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 2014 - 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 2014 - 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 is Judicial Notice?[2]
Answer
Meaning. Judicial notice means that the court accepts a fact as true without requiring evidence of it. The fact is so well known, or so official, that formal proof would waste time.
The provisions. Section 51 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) says: "No fact of which the Court will take judicial notice need be proved." Section 52(1) lists facts of which the court "shall" take judicial notice. These were sections 56 and 57 of the Indian Evidence Act, 1872 (IEA).
Some facts in section 52(1).
- All laws in force in India, including laws with extra-territorial operation.
- International treaties and agreements entered into by India (new in the BSA).
- The proceedings of the Constituent Assembly, Parliament and the State Legislatures.
- The seals of all courts and tribunals.
- The national flag of every country recognised by the Government of India.
- The divisions of time, the geographical divisions of the world, and holidays notified in the Official Gazette.
- The territory of India, and the rule of the road.
Reference books. Under section 52(2), on these matters and on public history, literature, science or art, the court may refer to books and documents of reference.
The list is not closed. In Onkar Nath v. Delhi Administration, (1977) 2 SCC 611, railway union leaders were tried for inciting a strike in May 1974. The Supreme Court held that the list in section 57 is not exhaustive. Notorious facts need no formal proof, so the courts could assume that the strike began on 8 May 1974. But its link with an industrial dispute needed evidence. None was led, and the leaders were acquitted.
Example. The court takes notice that 15 August is Independence Day without any witness.
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