Bharatiya Sakshya Adhiniyam, 2023 (Law of Evidence)
Hidayatullah National Law University · LL.B. Semester 7 · LLB-C-702
Unit 1 — Introduction to Bharatiya Sakshya Adhiniyam, 2023
What evidence is. · Substantive v. Procedural laws. · Historical Development of Law of Evidence in India. (1872-2023) · Objectives and Importance of Bharatiya Sakshya Adhiniyam, 2023. · Definitions and Scope of Bharatiya Sakshya Adhiniyam, 2023. · Electronic and digital records document. · Electronic oral evidence. · New Key Provisions in Bharatiya Sakshya Adhiniyam, 2023
Unit 2 — Relevancy, Admissibility and Types of Evidence
Relevancy & Admissibility. · Evidence obtained illegally. · Doctrine of Res Gestae. · Identification Parade. · Plea of Alibi. · Admissibility of E/Digital Records. · Oral and Documentary Evidence. · Direct, Circumstantial, Primary, and Secondary Evidence.
Unit 3 — Admissions, Confessions & Dying Declarations
Reasons for admissibility of Admissions, Confessions & Dying declarations. · Forms of Admission. · Forms of Confession. · Confession to Police. · Confession of Co-Accused. · Evidentiary value of Dying declaration. · Dying declaration can be sole basis of conviction. · Dying declaration to police. · Law books in electronic or digital form.
Unit 4 — Opinion Evidence and Relevancy of Character
Opinion of Experts. · Value of Expert Opinion. · Opinion as to handwriting and signature. · Grounds of opinion when relevant. · Relevancy of Character in Civil cases. · Relevancy of Character in Criminal cases. · Previous bad character not relevant. · Facts of which Court shall take judicial notice.
Unit 5 — Oral & Documentary Evidence
Oral Evidence. · Proof of Fact by Oral Evidence. · Hearsay Evidence. · Documentary Evidence. · Proof of Contents of Document. · Electronic records at par with documentary evidence. · Primary/Secondary Evidence. · Digital and electronic records · Special provisions as to evidence relating to E-Records. · Admissibility of E-Records. · Proof as to electronic signature. · Proof as to verification of digital Signature. · Public/Private documents. · Certified Copies. · Presumptions as to Documents. · Best Evidence rule.
Unit 6 — Burden of Proof and Estoppel
General Principles of Burden of Proof. · Presumption of Innocence. · Onus Probandi and Shifting of Burden. · Onus v. Burden. · Factum probandum and factum probans · Presumptions as to Certain Offences. · Birth during marriage, proof of legitimacy. · Presumption as to dowery death. · Doctrine of Estoppel.
Unit 7 — Witnesses and Examination
Who may Testify. · Types of Witness & Number of witnesses. · Competence and Compellability of Witnesses. · Privileged communications. · Official communications. · Professional communications. · Accomplice Evidence. · Confession of co accused V. Accomplice evidence. · Examination of Witnesses: Examination-in-Chief, Cross-Examination, and Re-Examination · Leading questions. · Impeaching credit of witness, stock witness & Material witness. · Refreshing Memory.