Mumbai University Solved Question Papers
BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Oct 2025 - Evidence 60/40 Examination
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LLB 3 years Sem 6 BSA and Law of Evidence Oct 2025 - 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 Oct 2025 - 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 Oct 2025 - 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 Oct 2025 - 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 · 22 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 one or two sentences, any six out of ten
12 Marks - 2 marks each
(a)What is a judicial confession?[2]
Answer
Meaning. A judicial confession is a confession made before a Magistrate or a court. It is made either during a judicial proceeding, or to a Magistrate who records it under the law.
How it is recorded. Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs it. This was section 164 of the Code of Criminal Procedure, 1973. The main safeguards are these.
- The Magistrate must tell the accused that he is not bound to confess.
- He must tell him that the confession may be used against him.
- He must record it only if he believes it is voluntary.
- If the accused refuses to confess, he must not be sent back to police custody.
- The Magistrate certifies at the foot of the record that it was voluntary.
Its relevance. A confession is irrelevant if caused by inducement, threat, coercion or promise from a person in authority. This is section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), formerly section 24 of the Indian Evidence Act, 1872. A confession made in police custody can be proved only if made in the immediate presence of a Magistrate (section 23(2)).
Its value. If voluntary and true, it is strong evidence and can found a conviction. In Shankaria v. State of Rajasthan, (1978) 3 SCC 435, the Supreme Court laid down a double test. First, was it perfectly voluntary? If so, is it true and trustworthy?
Example. An accused tells a Magistrate, who has warned him and given him time to think, that he killed his neighbour. That is a judicial confession.
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