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
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
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 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.
The questions below are the paper as the University of Mumbai set it at the Apr 2015 - Evidence examination, in the order it was set.
MarksPage
MarksPage
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
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: Answer in one or two sentences
20 Marks
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.
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.
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