Law of Evidence
Babasaheb Bhimrao Ambedkar University · LL.B. Semester 6 · LB-604
Unit I — Introduction, Definitions and Relevancy of Facts
i. Nature, Scope and background of Law of Evidence, lex fori · ii. Definitions - Evidence, Relevant, Fact, Fact-in-issue, Documents, May Presume, Shall Presume, Conclusive Proof, Proved, Disproved, Not Proved · iii. Doctrine of res gestae · iv. Evidence of Conspiracy - Relevancy of otherwise irrelevant facts- Facts to prove right or custom - Facts concerning state of mind/state of body or bodily feelings · v. Relevancy and admissibility of admissions, evidentiary value of admissions
- General introduction and Relevancy of Facts (ss. 1-55) and relevant definitions under Information Technology (Amendment) Act 2008
- Introduction and applicability of Indian Evidence Act, 1872
- Important terminologies under Indian Evidence Act, 1872
- Doctrine of Res Gestae
- Conspiracy when relevant
- When facts not otherwise relevant become relevant
- Admissions and Confessions
Unit II — Confession, Dying Declaration, Expert Opinion
i. Relevancy and admissibility of confessions- Admissibility of information received from an accused person in custody- Confession of co-accused · ii. Dying declaration - Justification for relevance - Judicial standards for appreciation of evidentiary value with reference to English Law -Other statements by persons who cannot be called as witnesses. · iii. Relevancy of Statement under special circumstances. · iv. Relevancy of Judgment of Courts, Expert’s Opinion and Character
Unit III — Oral and Documentary Evidences, Presumptions
i. Oral Evidence - Admissibility and General Principles concerning Oral Evidence. · ii. Documentary Evidence-General principles concerning documentary Evidence, Primary Evidence and Secondary Evidence. · iii. Exclusion of Oral Evidences by Documentary Evidence. · iv. Presumptions, Ambiguities in the documents
Unit IV — Burden of Proof, Witnesses and Evidences in the Electronic Form
i. Burden of Proof - The general conception of onus probandi – · ii. General and special exception to onus probandi. · iii. Estoppel and Privileged Communications. · iv. Witness, Examination and Cross Examination Competence to testify. · v. General principles of Examination-in-Chief, Cross Examination and Re-Examination of Witness - Leading questions - Accomplice’s testimony - Hostile witnesses - Compulsion to answer questions - Questions of corroboration · vi. Improper admission of evidence. · vii. Provisions of Law Relating with Evidence in Electronic Form.
- Rules relating to burden of proof
- Doctrine of estoppel
- Proof of electronic evidences
- Definitions under Information Technology (Amendment) Act, 2008- S.2
- Who may testify?
- Procedure for examination of witnesses
- Questions to be put up to the witnesses
- Credibility of witnesses
- Judges power to put questions
- Improper admission and rejection of evidence