Law of Evidence
Jamia Millia Islamia · LL.B. Semester 7
Unit I
Introduction and General Conceptions in Law of Evidence: Importance and Necessity of the Rules of Law of Evidence- Its Relationship with the Substantive Law and Procedural Law-Main Features of The Bharatiya Sakshya Adhiniyam, 2023. · Definitions (Section 2): Facts-Facts in Issue and Relevant Facts-Evidence and its Kinds-Proved-Disproved and Not Proved-Presumptions · Relevancy and Admissibility: Relevancy of Facts (Section 3)- Doctrine of Res- Gestae (Section 4)-Facts Constituting Occasion-Cause of Effect (Section 5)-Facts Constituting Motive, Preparation and Conduct (Section 6)-Facts-Introductory and Explanatory (Section 7), Facts Reflecting upon Common Intention (Section 8)- Facts not otherwise Relevant becomes Relevant (Section 9 )-Facts Showing State of Mind (Section 12)-Facts bearing on the Question Whether an act was Accidental or Intentional (Section 13)
- 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: Admission and its Kinds (Section 15)-Admission by Party to Proceeding or his Agent (Section 16)-Admission by Persons Expressly Referred to by Party to Suit (Section 18)-Admission in Civil Cases, when relevant (Section 21)-Confession and Admission-Problem of Non- Admissibility of Confession caused by Inducement, Threat or Promise (Section 22)-Confession to Police Officer (Section 23)- Confession by Co-Accused (Section 24)-Retracted Confession · Dying Declarations: Justification for Relevance of Dying Declarations (Section 26)- Judicial Standards for Appreciation of Evidentiary Value of Dying Declarations-Distinction between Indian and English Law of Dying Declaration · Relevance of Judgments: General Principles (Sections 34-38)-Admissibility of Judgements in Civil and Criminal Cases (Section 37)-Fraud and Collusion (Section 38)
Unit III
Expert Testimony (Section 39-41): General Principles Relating to Expert’s Testimony-Who is an Expert? -Types of Expert Evidence-Opinion as to Handwriting and Signature when Relevant (Section 41)-Evidence of Character in Civil and Criminal Cases (Sections 46-50)-Judicial Notice (Sections 51-52), · General Principles concerning Oral Evidence (Section 54-55): Rule against Hearing- Primary and Secondary Evidence regarding Documents (Sections 56-63) · Documentary Evidence: Principles regarding Exclusion of Oral by Documentary Evidence (Section 94-100)
Unit IV
Burden of Proof (Sections 104-113) · Presumptions (Sections 115 -120): Presumption Regarding Discharge of Burden of Proof · Doctrine of Estoppels (Sections 121-123)
Unit V
Law Relating to Witnesses: Competency to Testify (Section 124)-Parties to Civil Suit and their Wives and Husbands-Husband or Wife of Person under Criminal Trials (Section 126)-Judges and Magistrates (Section 127) · Privileged Communications: Communication during Marriage (Section 128)- Evidence as to Affairs of State (Section 129)-Professional Communications (Sections 132); Confidential Communications (Section 134); Accomplice Evidence: Nature and Evidentiary Value-Apparent Contradiction between Section 138 and Section 119 (Illus. B) BS A 2 0 2 3 and their Reconciliation. · Examination of Witness: Order of Production and Examination of Witnesses (Sections 140-141)-Examination in Chief, Cross Examination and Re- Examination (Sections 142-143)-Leading Questions (Sections 146)- Evidence as to matters in Writing (Sections 147-148); Cross-Examination: ‘Lawful’ Questions in Cross- Examinations (Section 149)-Protection to Witnesses in Cross-Examination (Sections 150-156)- Hostile Witness (Section 157)-Impeaching the Credit of Witnesses (Section 158)-Production and Inspection of Documents (Section 165)