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LLB 3 years Sem 6 BSA and Law of Evidence Oct 2025 - BSA 75/25 Question Paper with Solutions

Mumbai University Solved Question Papers

BSA and Law of Evidence

Previous Year Question Paper with Solution

LLB 3 years · Sem 6

Oct 2025 - BSA 75/25 Examination

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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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munotes.in is an independent study resource for students of the University of Mumbai. It is not affiliated with the University of Mumbai, and is not endorsed by it.

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 - BSA 75/25 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.

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The Paper as Set

The questions in this volume are the questions asked at the Oct 2025 - BSA 75/25 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 2½ hours  ·  Total marks 75  ·  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.

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Q.1

Q.1: Answer the following in not more than two sentences, any six

any 6 of 8 · 12 Marks

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(a)Define 'Evidence' under Bharatiya Sakshya Adhiniyam, 2023.[2]

Answer

Meaning. Evidence is the means by which a fact is proved or disproved in court. Section 2(1)(e) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) says "evidence" means and includes:

  1. Oral evidence: "all statements including statements given electronically which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry".
  2. Documentary evidence: "all documents including electronic or digital records produced for the inspection of the Court".

The 1872 Act. Section 3 of the Indian Evidence Act, 1872 (IEA) had the same two kinds. The BSA adds statements given electronically, such as evidence by video conference, and electronic or digital records.

Points to note.

  1. Oral evidence is the statement of a witness before the court. A deaf and mute witness who answers by writing or signs in court also gives oral evidence (section 125).
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  1. A "document" includes electronic and digital records (section 2(1)(d)), such as e-mails and phone data.
  2. A material object, like a weapon, is not "evidence" within the definition. But the court may require it to be produced for inspection (second proviso to section 55).

What is not evidence in this sense. A confession of a co-accused is not evidence within the definition. It is not given on oath, and it cannot be tested by cross-examination (Kashmira Singh v. State of Madhya Pradesh, AIR 1952 SC 159). It can only lend assurance to other evidence.

Example. A witness says in court, "I saw A stab B." That is oral evidence. The post-mortem report produced in court is documentary evidence.

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