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)

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.