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LLB 3 years Sem 6 BSA and Law of Evidence Nov 2016 - 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

Nov 2016 - Evidence Examination

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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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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 Nov 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.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 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.

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Q.1

Q.1: Answer each of the following in one or two sentences

20 Marks

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(a)What is fact?[2]

Answer

The definition. Section 2(1)(f) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) says that "fact" means and includes:

  1. "any thing, state of things, or relation of things, capable of being perceived by the senses"; and
  2. "any mental condition of which any person is conscious".

Section 3 of the Indian Evidence Act, 1872 (IEA) defined "fact" in the same words.

Two kinds of fact.

  1. Physical (external) facts. These can be seen, heard, touched, smelt or tasted. A knife lying on a table is a physical fact.
  2. Psychological (internal) facts. These are states of mind. Intention, knowledge, good faith and a feeling of pain are psychological facts.

The illustrations to the section.

  1. That certain objects are arranged in a certain order in a certain place is a fact.
  2. That a person heard or saw something is a fact.
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  1. That a person said certain words is a fact.
  2. That a person holds a certain opinion or has a certain intention is a fact. So is acting in good faith or fraudulently, or feeling a particular sensation at a particular time.

Why the wide meaning matters. The law of evidence is about proving facts. A court often has to decide a state of mind, such as whether an act was intentional. Because "fact" includes mental conditions, intention and knowledge can be proved like any other fact.

Example. A stabs B. The stabbing is a physical fact. A's intention to kill B is a psychological fact. Both are facts that the prosecution may prove.

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The rest of the answers

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