munotes®

LLB 3 years Sem 6 BSA and Law of Evidence Apr 2015 - 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

Apr 2015 - Evidence Examination

munotes.in

Mumbai

munotes.in

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.

Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.

munotes.in is an independent study resource for students of the University of Mumbai. It is not affiliated with the University of Mumbai, and is not endorsed by it.

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 2015 - 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.

munotes.in ii
munotes.in iii
munotes.in iv

The Paper as Set

The questions in this volume are the questions asked at the Apr 2015 - 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 the 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.

munotes.in v

Q.1

Q.1: Answer in one or two sentences

20 Marks

munotes.in 1

(a)What is 'Res Gestae'?[2]

Answer

Meaning. Res gestae means "things done". It refers to facts so closely connected with a fact in issue that they form part of the same transaction. Such facts are relevant even if they are not themselves in issue.

The provision. Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), formerly section 6 of the Indian Evidence Act, 1872 (IEA), says so. Facts that "form part of the same transaction" are relevant, "whether they occurred at the same time and place or at different times and places".

The illustration. A is accused of murdering B by beating him. Whatever A, B or the bystanders said or did at the beating is relevant. So is what was said or done "so shortly before or after it as to form part of the transaction".

The test. A statement is part of the res gestae only if it was made at the time of the act, or immediately after it. There must be no interval that would allow it to be made up. Its spontaneity is the guarantee of its truth.

munotes.in 2

The leading case. In Gentela Vijayavardhan Rao v. State of Andhra Pradesh, (1996) 6 SCC 241, statements of burnt bus passengers recorded later by a Magistrate were held not to be res gestae. There was an appreciable interval between the burning and the recording.

An exception to hearsay. Res gestae lets a witness repeat words spoken by others during the transaction.

Example. A woman runs out of a house screaming, "He is killing my husband!" A passer-by may repeat her words in court, as part of the res gestae.

munotes.in 3

The rest of the answers

The first answer is free. The rest come with the LL.B. 3 Years Semester 6 solved papers.

You have read the question paper and its first answer in full. Buy the solved papers once and you can read every answer of every solved paper in this semester.

Notes + Solved papers: ₹798 Already bought it? Sign in

Or solved papers only: ₹499
Or notes only: ₹499

The question paper itself stays free, and so does the syllabus.

Issue

Found an error in this volume? Report it and we will check it against the paper.

Done!