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BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2016 - Evidence Examination
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LLB 3 years Sem 6 BSA and Law of Evidence May 2016 - 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 2016 - 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 2016 - 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 May 2016 - 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 each of the following in one or two sentences
20 Marks
(a)When is previous good character relevant?[2]
Answer
The rule. Section 53 of the Indian Evidence Act, 1872 (IEA), now section 47 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), says: "In criminal proceedings, the fact that the person accused is of a good character is relevant."
When it is relevant.
- Only in criminal proceedings. In civil cases a person's character, used to make conduct imputed to him more or less likely, is irrelevant. The exception is where it appears from facts otherwise relevant (IEA section 52; BSA section 46).
- Only the accused's good character. The section lets the accused show that he is not the kind of person who would commit the offence.
- Only general reputation and disposition. "Character" includes both. But evidence may be given only of general reputation and general disposition, not of particular good deeds (Explanation to IEA section 55; BSA section 50).
Its value. Good character cannot outweigh clear proof of guilt. Its use is in a doubtful case, where it makes it less likely that the accused did the act.
Its cost to the accused. Bad character is irrelevant in a criminal case, unless the accused first gives evidence of good character. Then the prosecution may reply with evidence of bad character (IEA section 54; BSA section 49).
Example. A cashier with thirty years of honest service is charged with stealing Rs 500 from the till. Witnesses who know his reputation for honesty may say so. That is relevant, and the court weighs it with the rest of the evidence.
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