Law of Evidence (Bhartiya Sakshya Adhiniyam, 2023)
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 5 · LAIETT4N
Unit I — Introduction and Relevancy of Facts
Meaning, concept, nature, purpose, evolution, rationale, and objectives of the law of evidence. · Importance and objectives of the Bhartiya Sakshya · Adhiniyam, 2023. · Fundamental principles governing evidence in civil and criminal proceedings. · Key definitions: Proved, Disproved, Not Proved; May · Presume, Shall Presume, and Conclusive Proof. · Classification of evidence: · Direct, Indirect, Real, Personal, Primary, Secondary, Oral, Documentary, · Judicial, and Extra-Judicial evidence. · Doctrine of Res Gestae and relevancy of facts. · Facts otherwise irrelevant becoming relevant, customs, bodily and mental state, explanatory facts, and facts relating to damages.
- 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
- Motive, Preparation and Conduct
- Conspiracy when relevant
- When facts not otherwise relevant become relevant
- State of mind and body
Unit II — Admissions, Confessions and Statements
General principles of Admissions and distinction between Admission and · Confession. · Admissibility and evidentiary value of admissions. · Confessions induced by threat, promise, or inducement. · Confessions made to police officers and by co-accused. · Admission and Estoppel. · Dying Declaration: nature, justification, and evidentiary standards. · Statements under special circumstances including entries in books of account, maps, charts, public records, and law books.
Unit III — Witnesses, Expert Opinion and Character Evidence
Relevance and admissibility of judgments of courts. · Opinions of third parties and expert evidence. · Qualification and role of experts; judicial reliance on expert opinion. · Proof of relationship and marriage. · Relevance of character evidence in civil and criminal cases and character affecting damages. · Competency of witnesses. · State affairs privilege, professional communications, and testimony of approvers.
Unit IV — Oral, Documentary and Electronic Evidence
Principles of Oral Evidence. · Documentary Evidence and rules relating to proof of documents. · Admissibility and authentication of Electronic Evidence. · Public Documents: meaning, types, and proof. · Presumptions relating to documents. · Rule against oral evidence contradicting written documents.
Unit V — Examination of Witnesses, Burden of Proof and Forensic Advances •
Examination-in-chief, cross-examination, re-examination, and leading questions. · Compulsion to answer questions. · Hostile witnesses, impeachment of credibility, and refreshing memory. · Estoppel and its application. · Burden of Proof and Onus of Proof. · Admissibility of scientific techniques including Narco-analysis, Brain Mapping, Polygraph, and DNA Fingerprinting. · Collection and admissibility of Electronic Evidence. · Overview of the Criminal Procedure (Identification) Act, 2022 and its relevance to evidentiary procedures.
- Procedure for examination of witnesses
- Questions to be put up to the witnesses
- Credibility of witnesses
- Rules relating to burden of proof
- Doctrine of estoppel
- Forensic evidence and types of forensic evidences
- Application of forensic evidence in civil and criminal cases
- Expert Witness and Admissibility of expert's opinion in the courts