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Dear Barad,
The passing mark depends upon the cutoff in AIBE, which varies every year and is decided by the BCI. Previous year, the cutoff for general category was 38. So, as per the last year cutoff, with 40 marks, you would have qualified the exam.
Now, whether or not 40 mark will be enough for you to clear the AIBE, that will be known after the cutoff is announced. You can track the same on the article url given below.
https://law.careers360.com/articles/aibe
All the best!
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