LAW OF EVIDENCE
Kakatiya University · LL.B. Semester 5 · P-III
Unit I
The Bharatiya Sakshya Adhiniyam, 2023 · Salient Features · Meaning and kinds of Evidence · Definitions under BSA · Fact, Fact in Issue · Relevancy of Facts · Documents · May Presume, Shall presume and Conclusive proof · Closely Connected Facts · The Doctrine of Res Gestae · Motive, Preparation and Conduct · Conspiracy —When Facts not otherwise relevant become relevant · Right and custom · Facts showing the state of mind etc
- 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 · General Principles concerning Admissions · Differences between "Admission" and "Confession" · Confessions obtained by inducement, threat or promise · Confessions to police officer · Statement made in the custody of a police officer leading to the discovery of incriminating material · Admissibility of Confessions made by one accused person against co- accused · Statements made under special circumstances · Dying Declarations and their evidentiary value · Other Statements by persons who cannot be called as Witnesses · Admissibility of evidence of witnesses in previous judicial proceedings in subsequent judicial proceedings
Unit III
Relevancy of Judgments · Opinion of witnesses · Expert's opinion · Opinion on Relationship especially proof of marriage · Character when relevant · Facts which need not be proved · Oral Evidence · Documentary Evidence · General Principles concerning oral evidence and documentary evidence · Primary and Secondary evidence · Primary, electronic or digital record, special provision as to evidence relating to electronic record, admissibility of electronic records and Secondary evidence · Public Documents- Modes of proof of execution of documents · Presumptions as to documents · General Principles regarding Exclusion of Oral Evidence by Documentary Evidence · Relevance of social media in the law of evidence
Unit IV
Burden of Proof · On whom burden of proof lies · Presumption as to certain offences · Birth during marriage · Presumption as to Dowry Death · Estoppel · Kinds of estoppel · Res Judicata, Waiver and Presumption · Competency to testify · Privileged communications Communication during marriage · Official Communications · Accomplice
Unit V
Examination of Witnesses · Order of Examinations · Chief, Cross examination and Re- examination · Leading questions · Lawful questions in cross examination · Compulsion to answer questions put to witness · Hostile witness · Impeaching the credit of witness · Refreshing memory · Questions of corroboration · Judge’s power to put questions · Improper admission and rejection of evidence. Note: Subject teacher shall make comparative analysis of BSA, 2023 and Indian Evidence Act, 1872 wherever required