Law of Evidence(BSA)
Devi Ahilya Vishwavidyalaya · LL.B. Semester 5
Unit I — Introductory
The main features of the Bhartiya Sakshya Adhiniyam 2023 · The fundamental principles of law of evidence. · Definition · Facts - relevant facts/ facts in issue · Evidence: oral and documentary, Direct, Indirect, Primary, Secondary, Hearsay evidence · Presumptions · "Proving" "not proving" and "disproving"
- 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
- Oral and documentary evidence
- Law relating to presumptions
Unit II — Relevancy and Admissibility of facts
Relevancy of Facts · The Doctrine of Res Restae · The problems of relevancy of "otherwise" irrelevant facts · Facts concerning bodies and mental state · Evidence of common intention relating to conspiracy · Admission and Confessions · General principles concerning admission · Differences between "admission" and "confession" · The problems of non- admissibility of confessions caused by "any inducement, threat or Promise" · Confession to police officer · Confession by co-accused · The problems with the judicial action based on a "retracted confession"
Unit III — Dying Declarations
Dying Declarations · The justification for relevance on dying declarations · The judicial standards for appreciation of evidentiary value of dying declarations · Relevance of Judgments · Admissibility of judgments in civil and criminal matters · "Fraud" and "Collusion" · Expert Testimony · Who is an expert? : Types of expert evidence · Opinion on relationship especially proof of marriage · The problem of judicial defense to expert testimony.
Unit IV — Oral Documentary Evidence
General principles concerning oral evidence · General principles concerning documentary evidence · General principles regarding exclusion of oral by documentary evidence · Special problems: Rehearing evidence · Issue estoppel · Tenancy estoppel · Witness Examination and cross Examinations · Competency to testify · State privilege · Professional privilege · Approval testimony · General principles of examination and cross examination · Leading questions · Lawful questions in cross-examination · Compulsion to answer questions put to witness · Hostile witness · Impeaching of the standing or credit of witness
Unit V — Burden of Proof
General principles conception of onus probandi · General and special exceptions to onus probandi · The justification of presumption and of the doctrine of judicial notice · Justification as to presumption as to certain offences · Presumption as to dowry · The scope of the doctrine of judicial notice · Estoppel · Why estoppel? The rationale · Estoppel, res-judicial and waiver and presumption · Question of corroboration · Improper admission and of witness in civil and criminal cases