Law of Evidence

Cochin University of Science and Technology · LL.B. Semester 3 · 20-271-0304

Unit I — Basic Principles of Law of Evidence

History and development of law of evidence · salient features · definition · legal and logical relevancy · Relevancy and Admissibility · Best evidence rule · Fact, fact in issue and relevant fact · Kinds of evidence · Evidence and proof · Concepts · Constitutional protections and adducing of evidence · Special legislations &Evidence Act

Unit II — Relevant Facts As Evidence

Relevancy of facts · Res gestae · common intention · identity and identification · Facts otherwise irrelevant · proof of right or custom · Circumstantial evidence · principles · Motive, preparation, conduct, occasion, cause, opportunity, conduct, state of mind, body, bodily feeling · similar facts. Facts delineating accidental occurrences and intentional acts.Exclusion of hearsay evidence and exceptions · Admissions · Principles and applicability · Confessions · kinds of confessions, valid confession, principles, exceptions · Confession to Police and Police Custody · Recovery pursuant to authoring concealment · Applicability and evidentiary value · Co accused and approver · Declarations by persons who cannot be called into court as witnesses · Dying declaration · Relevance of judgements as evidence · General Principles · Exceptions to admissibility of judgements · Expert opinion · Opinion as to rights, custom, usages, tenets, relationships etc. Character evidence · civil and criminal cases · principles, applicability, exceptions and evidentiary value · Character of parties, accused, third parties, witnesses · evidence of character of victims of sexual offences pertaining to previous sexual experience regarding issues of consent

Unit III — Vehicles of Evidence

Facts which not be proved-Judicial notice · Oral evidence · Rule against Hearsay Evidence · Documentary evidence · Primary evidence and secondary evidence · kinds · rules regarding admissibility · Proof of execution of documents · Attestation · Proof of Handwriting to prove execution · Exclusion of oral by documentary evidence · Kinds of documents · Ambiguity in documents · Presumption of documents-Cyber laws and appreciation of electronic evidence · Appreciation of scientific evidence · Judicial Trend.

Unit IV — Discharging the Onus

Burden of proof · concept · Application at different levels · Standard of proof · General and special exceptions · Reversal of burden of proof in IPC and special legislations · Kinds of Presumptions · Presumption of law, fact and conclusive proof · Presumptions and burden of proof · presumption as to matrimonial offences · dowry death · abetment to commit suicide by a married woman · Presumptions as to life and death · Presumptions as to absence of consent in rape · Presumption as to certain Offences · Estoppel · Scope, principle, kinds, applicability · Waiver and presumption.

Unit V — Dynamics in Trial Process

Trial · Relevance of evidence taken before trial · competency and compellability of witnesses · Privileged communications · Categories, scope and exceptions · Examination of witnesses and various categories of examinations · Rules pertaining to the conduct of various examinations · Corroboration and contradiction · Principles and mechanics · Hostile witnesses · Witness protection programme · Leading questions · Refreshing memory · Compulsion to answer questions · Improper admission or rejection of evidence · Judge’s power to intervene in trial.