Mumbai University Solved Question Papers
BSA and Law of Evidence
Previous Year Question Paper with Solution
LLB 3 years · Sem 6
Apr 2026 - BSA 60/40 Examination
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LLB 3 years Sem 6 BSA and Law of Evidence Apr 2026 - BSA 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 Apr 2026 - BSA 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 Apr 2026 - BSA 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 Apr 2026 - BSA 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 two sentences, any six
any 6 of 10 · 12 Marks
(a)What is meant by Fact in Issue?[2]
Answer
Meaning. A fact in issue is a fact that the court must decide in order to settle the case. Section 2(1)(g) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) defines facts in issue as any fact from which "the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows". Section 3 of the Indian Evidence Act, 1872 (IEA) used the same words.
The Explanation. In a civil suit the court frames issues of fact under the Code of Civil Procedure, 1908. The fact to be asserted or denied in answer to such an issue is a fact in issue.
The illustration to the definition. A is accused of murdering B. At his trial these facts may be in issue:
- that A caused B's death;
- that A intended to cause B's death;
- that A had received grave and sudden provocation from B; and
- that A, at the time of the act, was incapable of knowing its nature by reason of unsoundness of mind.
How it differs from a relevant fact. A fact in issue is the main fact to be proved. A relevant fact is a fact that helps to prove or disprove a fact in issue. Section 3 of the BSA allows evidence of both kinds of facts, and of no others.
Example. In a suit for money due on a loan, whether the loan was given is a fact in issue. That the borrower wrote a letter thanking the lender for the money is a relevant fact.
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