Law of Evidence

Goa University · LL.B. Semester 4 · LLB-204

Unit 1 — EVIDENCE AND RELEVANCE OF FACTS

1. Definitions, Kinds of evidence · 2. Relevance of Facts: Res Gestae, Facts which are the occasion, cause, effect, Motive, Preparation and conduct, Explanatory and Introductory facts, Evidence of Similar facts, Evidence to prove Conspiracy. · 3. Relevancy of otherwise relevant fact, evidence in suits for damages, relevancy while proving right or custom, Facts showing state of mind, or of body, or bodily feeling, Facts proving act as accidental or intentional, relevancy of · Existence of course of business.

Unit 2 — Admissions and Confessions

1. Law on Admissions · 2. Law on Confessions · 3. Distinctions between Admission and Confession D

Unit 3 — RELEVANCE OF FACTS AND PROOF

1. Statements by persons who cannot be called as witnesses · 2. Facts of public nature · 3. Relevancy of judgements · 4. Opinions of third persons when relevant · 5. Character when relevant. · 6. Facts which are judicially noticeable. · 7. Admitted facts.

Unit 4 — MODES OF PROOF

1. Modes of proof: Oral Evidence, Hearsay Evidence and its exceptions. · 2. Documentary Evidence, Proof of Public Documents, · Ambiguous documents · 3. Electronic Evidence · 4. Oral Evidence and exclusion of oral by documentary evidence

Unit 5 — PRESUMPTIONS AND BURDEN OF PROOF

1. Presumptions · 2. Kinds of Presumptions · 3. Presumptions as to Documents · 4. Burden of Proof

Unit 6 — ESTOPPEL AND WITNESSES

1. Estoppel · 2. Witnesses and Accomplice · 3. Privileged communications · 4. Examination of witnesses, Chief Examination, Cross · Examination and Leading Questions · 5. Improper admission or rejection of evidence