Law of Evidence
Gondwana University · LL.B. Semester 5 · UL35C05
Unit I
Indian Evidence Act and Bharatiya Sakshya Adhiniyam: a comparative analysis · Introduction and Relevancy of Facts · Definitions – Court, Conclusive Proof, Disproved, Document, Evidence, Fact, Fact in Issue, may presume, proved, not proved, relevant, shall presume · Relevancy of Facts-Res Gestae - Facts which are Occasion, Cause & Effect - Motive, Preparation & Conduct - Explanatory or Introductory facts · Test Identification Parade The General Rule, Proof of the identity of accused, Visual Identification by Identity Parade - Evidence to Prove Conspiracy - Inconsistent Facts (Plea of Alibi)
- 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 · Definition of Admission - Persons whose Admissions are Relevant & Against Whom Admission may be Proved - Admissions how far Relevant & Evidentiary Value of Admissions · Definition & Evidentiary Value of Confession - Confessions carrying Inculpatory & Exculpatory Statements - Extra Judicial Confession, Confession caused by Threat, Confession to Police & Confession of Co-accused
Unit III
Statements by Persons who cannot be called as Witnesses · Dying Declaration – Essentials & Evidentiary Value - Relevancy of Evidence in Prior Judicial Proceeding · Statements made under Special Circumstances · Judgments of Court when Relevant · How much of statement is to be proved · Opinions of third persons when Relevant · Character when Relevant
Unit IV
Proof - Facts which need not be proved · Oral Evidence and Exceptions to the Exclusion of Hearsay Evidence · Documentary Evidence · Admissibility of Electronic Record · Public Documents and Private Documents · Exclusion of Oral by Documentary Evidence
Unit V
Production & Effect of Evidence · Burden of Proof · Survivorship & Death · Presumptions · Estoppel · Witnesses & Privileged Communications · Rules regarding Examination of Witnesses · Impeaching credit of witnesses · Refreshing memory of witnesses.