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BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
May 2023 - Evidence Examination
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LLB 3 years Sem 6 BSA and Law of Evidence May 2023 - 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 2023 - 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 2023 - 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 2023 - 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 in one or two sentences
20 Marks
(a)What is the meaning of primary evidence?[2]
Answer
Meaning. Primary evidence is the original document itself, produced for the court's inspection. Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) says: "Primary evidence means the document itself produced for the inspection of the Court." This was section 62 of the Indian Evidence Act, 1872 (IEA).
The rule. Documents must be proved by primary evidence, except where the Act allows secondary evidence (section 59 of the BSA; IEA section 64). This is the best evidence rule.
The Explanations to section 57.
- Where a document is executed in several parts, each part is primary evidence.
- Where it is executed in counterparts, each counterpart is primary evidence against the parties who signed it.
- Where several documents are made by one uniform process, such as printing or photography, each is primary evidence of the contents of the rest. But copies of a common original are not primary evidence of that original.
- New in the BSA (Explanations 4 and 7): an electronic or digital record may be stored in several files or storage spaces. Each such file is primary evidence.
- An electronic or digital record produced from proper custody is primary evidence, unless it is disputed.
- Where a video recording is stored and also transmitted, each stored recording is primary evidence.
Illustration. Many placards are printed at one time from one original. Any one placard is primary evidence of the contents of the others. None is primary evidence of the original.
Example. To prove the terms of a sale deed, the party produces the original signed deed. That is primary evidence.
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