Mumbai University Solved Question Papers
BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2023 - Evidence 60/40 Examination
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LLB 3 years Sem 6 BSA and Law of Evidence May 2023 - Evidence 60/40 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 2023 - Evidence 60/40 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 2023 - Evidence 60/40 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 2023 - Evidence 60/40 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 2 hours · Total marks 60 · 21 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 two sentences, any six
12 Marks - 2 marks each
(a)Define "Secure Digital Signature".[2]
Answer
Where the meaning comes from. Section 3 of the Indian Evidence Act, 1872 (IEA) said that "secure digital signature" has the meaning given in the Information Technology Act, 2000 (IT Act). Section 2(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) adopts IT Act meanings in the same way.
The definition today. Since 27 October 2009, section 15 of the IT Act speaks of a secure electronic signature. An electronic signature, which includes a digital signature, is deemed secure if:
- the signature creation data, at the time of signing, was under the exclusive control of the signatory and no other person; and
- the signature creation data was stored and affixed in the exclusive manner prescribed.
For a digital signature, the "signature creation data" is the subscriber's private key (Explanation to section 15). So a secure digital signature is a digital signature made with a private key that only the signer controlled.
What a digital signature is. It authenticates an electronic record by an electronic method (section 2(1)(p) of the IT Act). It uses a private key to sign and a public key to verify.
Its effect in evidence.
- No separate proof. An ordinary electronic signature must be proved to be the subscriber's (section 66 of the BSA; IEA section 67A). A secure electronic signature need not be.
- Presumption. The court shall presume that the subscriber affixed a secure electronic signature to sign or approve the record. This is section 86(2) of the BSA (IEA section 85B). This holds unless the contrary is proved.
Example. A company files its return online, signed with its director's digital signature certificate kept on a token only he holds. The signature is secure, and the court presumes he signed it.
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