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BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Oct 2015 - Evidence Examination
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LLB 3 years Sem 6 BSA and Law of Evidence Oct 2015 - 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 Oct 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.
Contents
The questions below are the paper as the University of Mumbai set it at the Oct 2015 - 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 Oct 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) All questions are compulsory. (2) Figures to the right indicate full marks.
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 one or two sentences
20 Marks
(a)In criminal cases, when is character taken as relevant?[2]
Answer
The general idea. In a criminal case the question is whether the accused did the act charged, not what kind of person he is. So the Act lets character in only in fixed cases. They are in sections 53, 53A and 54 of the Indian Evidence Act, 1872 (IEA). These are now sections 47 to 49 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
When character is relevant in a criminal case.
- The accused's good character. "In criminal proceedings, the fact that the person accused is of a good character is relevant" (IEA section 53; BSA section 47).
- His bad character, in reply. Bad character is irrelevant, unless the accused has first given evidence of good character. Then it becomes relevant (IEA section 54; BSA section 49).
- Bad character in issue. Where the bad character of a person is itself a fact in issue, the bar does not apply (Explanation 1 to IEA section 54).
- A previous conviction. "A previous conviction is relevant as evidence of bad character" (Explanation 2 to IEA section 54).
When it is not relevant. In a prosecution for rape or another sexual offence, consent may be in issue. The victim's character or previous sexual experience is then not relevant on consent (IEA section 53A; BSA section 48).
What evidence may be given. Only of general reputation and general disposition, not of particular acts (Explanation to IEA section 55; BSA section 50).
Example. A, charged with theft, calls neighbours who speak of his honesty. The prosecution may then prove his earlier conviction for theft in reply.
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