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BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Dec 2017 - Evidence Examination
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LLB 3 years Sem 6 BSA and Law of Evidence Dec 2017 - 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 Dec 2017 - 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 Dec 2017 - 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 Dec 2017 - 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
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 in two or more sentences each of the following
20 Marks
(1)On whom does the burden of proof lie?[2]
Answer
The basic rule. The burden of proof lies on the person who asserts a fact and wants the court to act on it. Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) says so. It was section 101 of the Indian Evidence Act, 1872 (IEA).
The test. Section 105 of the BSA (IEA section 102) gives a simple test. "The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side."
Illustrations to section 105.
- A sues B for land in B's possession, saying B's father left it to A by will. If no evidence is given, B keeps the land. So the burden is on A.
- A sues B on a bond whose execution B admits. B says it was obtained by fraud. If no evidence is given, A wins. So the burden of proving fraud is on B.
A particular fact. Section 106 (IEA section 103) places the burden of a particular fact on the person who wants the court to believe it. Illustration: B, charged with theft, says he was elsewhere at the time. He must prove it.
Criminal cases. The prosecution must prove the guilt of the accused. But the accused must prove the facts that bring him within a General Exception, such as insanity (section 108). He must also prove a fact especially within his knowledge (section 109).
The leading case. In Anil Rishi v. Gurbaksh Singh, (2006) 5 SCC 558, the Supreme Court held that the burden lies on the party who asserts the affirmative of the issue. It does not lie on the party who denies it.
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