Law of Evidence

Dibrugarh University · LL.B. Semester 8 · B.A.,LL.B.: 8.2

Unit 1 — Introduction

1.1 The main features of the Indian Evidence Act, 1872 · 1.2 Definition of Evidence Interpretation clause – Sec. 3-4, Nature and Purpose Law of Evidence in Civil and Criminal cases, „May presume‟, „Shall presume‟, Conclusive Proof. · 1.3 Central conceptions in Law of Evidence 1.3.1 Facts, Distinction between Relevant facts and facts in issue. 1.3.2 Proved, Not Proved and Disproved. 1.3.3 Oral and Documentary Evidence. 1.3.4 Circumstantial Evidence and Direct Evidence. 1.3.5 Presumption (Ss. 4, 113A-113-B, 114) 1.3.6 Witness 1.3.7 Appreciation of evidence. · 1.4 Applicability of Evidence Act on Electronic Record. · 1.5 Division of Evidence – Direct, Indirect, Real and Personal, Original and Hearsay, Primary and Secondary, Oral and of Documentary, judicial etc.

Unit 2 — Relevancy & Admissibility of Facts

2.1 Facts – Relevancy of facts (S.S – 16), facts in Issue, Facts distinguished from law, facts which is to be proved, not proved and Proof in civil and criminal cases disproved, · 2.2 Doctrine of Res. Gastae (Ss. 6-9, 11) · 2.3 Evidence of Common Intention – relating to conspiracy (S. 10) · 2.4 The problems of relevancy of “otherwise” irrelevant facts (Sec. 11) · 2.5 Relevant facts for proof of custom (S. 13) · 2.6 Facts concerning bodies and mental state (Ss. 14, 15) · 2.7 Relevancy and Admissibility of facts · 2.8 Admission and confession (Ss. 24-30) 2.8.1 Definition 2.8.2 Similarity and difference between „admission‟ and „confession‟ 2.8.3 Admission in civil cases, when relevant (S. 23) 2.8.4 Classification of confession – judicial and Extra-judicial 2.8.5 Confession to police (Ss. 25-30) 2.8.6 Retracted confession (S. 27) 2.8.7 Improper admission and rejection of evidence

Unit 3 — Dying Declaration (Ss. 32-55)

3.1 Statements by persons who cannot be called as witnesses (Ss. 32-33) – Justification for relevance on dying declarations – Judicial standards for appreciation of evidentiary value of dying declaration 3.2 How much of a statement to be proved (S. 39) · 3.3 Relevance of judgment (Ss. 40-44) · 3.4 Opinion of third person when relevant (Ss. 45-51) · 3.5 Character when relevant (Ss. 52-55) – in civil cases, character to prove conduct imputed, irrelevant – in criminal cases, previous good character relevant, previous bad character not relevant, except in reply, character as affecting damages.

Unit 4 — Proof, Burden of Proof And Estoppel:

4.1 Facts which need not be proved (Ss. 56-58) · 4.2 Oral Evidence (Ss. 59-60) · 4.3 Documentary Evidence (Ss. 61-73) – in aspect of electronic records, video conferencing and digital signatures and its verification. · 4.4 Public Documents (Ss. 74-78) · 4.5 Presumptions of documents (Ss. 79-90), including electronic forms, electronic agreements, electronic records and digital signatures, electronic messages etc. – Presumption to electronic records of five years old (Ss. 90-A) · 4.6 Exclusion of oral by documentary evidence (Ss. 91-100) · 4.7 Burden of Proof. – in civil and criminal cases (Ss. 101-114A) · 4.8 Estoppel (Ss. 115-117)

Unit 5 — Witnesses and Examination of Witnesses (Ss. 118-166)

5.1 Who may testify · 5.2 Dumb witnesses · 5.3 Parties to a civil suit and their wives or husbands – Husband of wife of person under criminal trial. 5.4 Judicial privileges · 5.5 Privileged communications – during marriage, as to affairs of state – information as to commission of offences – sources of information as to offences · 5.6 Official communication, Professional communication, position of interpreters etc. – voluntary evidence, – non compellable witnesses – confidential communications – production of electronic records which another person having possession (S. 131), (as substituted by the Information Technology Act, 2000) · 5.7 Evidence of Accomplice · 5.8 Examination of witnesses – Examination in chief, cross examination, re-examination, order of examination, - leading questions, – Hostile witnesses – Child witness · 5.9 Improper admission and rejection of evidence Referred cases : 1. State of Maharashtra V. Praful B. Desai (2003) 4 SCC 601; AIR 2003 S.C. 2053 (Evidence by means electronic records) 2. Iqbal Singh Marwah V. MeenakshiMarwah (2005) 4 S.C.C. 370 ; AIR 2005 S.C. 2119 (Degree of standard of Proof) 3. Bhim Singh V. State of Haryana AIR 2003 S.C. 693, 4. State of Assam V. MahimBarkakati AIR 1987 S.C. 98 : (1986) 4 S.C. C. 439 (Testimony of Police officer) 5. Shukla V. Daroga Singh AIR 2009 S.C. 320 6. State of Karnataka V. Papanaika AIR 2004 S.C. 4967 Post-mortem Report) 7. State of Maharashtra V. VasudeoRamchandraKaidalwar (1981) 3 S.C.C. 199 (Burden of Proof) 8. Public Information officer V. A.P. Information Commissioner AIR 2009 A.P. 73 9. Rita Pandit V. AtulPandiA.I.R. 2005 AP. 253 (Examination in chief) 10. SomNath V. State of Haryana A.I.R. 1980 S.C. 1226 (Dying Declaration)