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BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Nov 2019 - Evidence Examination
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LLB 3 years Sem 6 BSA and Law of Evidence Nov 2019 - 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 Nov 2019 - 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 Nov 2019 - 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 Nov 2019 - 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 the following in one or two sentences
20 Marks
(a)Birth during marriage, conclusive proof of legitimacy. Explain.[2]
Answer
The rule. Section 112 of the Indian Evidence Act, 1872 (IEA), now section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), makes certain births "conclusive proof" of legitimacy. Two cases are covered.
- A child born during the continuance of a valid marriage between his mother and a man.
- A child born within 280 days after the marriage is dissolved, the mother remaining unmarried.
In either case, the birth is conclusive proof that the child is that man's legitimate child.
What "conclusive proof" means. Once one fact is proved, the court must treat the other as proved. It "shall not allow evidence to be given for the purpose of disproving it" (IEA section 4; BSA section 2(1)(b)).
The only exception. The husband may show that the spouses "had no access to each other" at any time when the child could have been begotten. "Access" means the opportunity for intercourse.
The leading case. In Kamti Devi v. Poshi Ram, (2001) 5 SCC 311, a husband denied fathering a son born after fifteen childless years. The Supreme Court held that non-access must be proved by a strong preponderance of evidence. The policy is that children should not suffer for their parents' lapses.
A modern qualification. In Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik, (2014) 2 SCC 576, a DNA test proved that the husband was not the father. The Supreme Court held that accepted scientific proof must prevail.
Example. A wife living with her husband gives birth. He cannot rebut legitimacy by mere suspicion; he must prove non-access.
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