LAW OF EVIDENCE
Karnataka State Law University · LL.B. Semester 6 · Course-I
Unit 1
Introduction: Distinction between substantive and procedural law- Conceptions of evidence in classical Hindu and Islamic Jurisprudence- Evidence in customary law systems (Non-state law)- Introduction to the British ‘Principles of Evidence’- Legislations dealing with evidence (other than Indian Evidence Act) with special reference to CPC, Cr.P.C., Bankers Book Evidence Act, Commercial Document Evidence Act, Fiscal and revenue Laws- Salient features of the Indian Evidence Act, 1861, Applicability of the Indian Evidence Act. Central Conceptions in Law of Evidence – Facts - Facts in issue and relevant facts- Evidence- Circumstantial and direct evidence- Presumptions, proved, disproved, not proved- Witness- Appreciation of evidence. Relevancy of Facts- Facts connected with facts in issue-Doctrine of Res gestae; Sections 6, 7, 8 and 9 of Evidence Act- Evidence of Common Intention- Section10, Relevancy or otherwise irrelevant facts- Facts to prove right or custom (Section13)-Facts concerning state of mind/state of body or bodily feelings (Sections 14 and 15) - Relevancy and admissibility of admissions, privileged admissions- evidentiary value of admissions (Sections 17 to 23).
- Introduction and applicability of Indian Evidence Act, 1872
- Important terminologies under Indian Evidence Act, 1872
- General introduction and Relevancy of Facts (ss. 1-55) and relevant definitions under Information Technology (Amendment) Act 2008
- Doctrine of Res Gestae
- Motive, Preparation and Conduct
- Conspiracy when relevant
- When facts not otherwise relevant become relevant
- State of mind and body
- Admissions and Confessions
Unit 2
Relevancy and admissibility of confessions- Admissibility of information received from an accused person in custody- Confession of co-accused (Sections 24 to 30) - Admitted facts need not be proved (Section 58); Dying declaration- Justification for relevance- Judicial standards for appreciation of evidentiary value-Section 32 (1) with reference to English Law -Other statements by persons who cannot be called as witnesses- (Sections 32(2) to (8), 33)- Statement under special, circumstances (Sections 34 to 39); Relevance of judgments- General principles – Fraud and collusion (Sections 40 to Sec. 44); Expert testimony: General principles (Sections 45- 50) - Who is an expert- Types of expert evidence – Problems of judicial defence to expert testimony.
Unit 3
Character evidence- Meaning – Evidence in Civil Criminal cases; English Law (Sectionzs 52-55)- Oral and documentary Evidence -Introduction on Proof of facts- General principles concerning oral; Evidence (Sections 59-60)- General principles concerning documentary; Evidence (Sections 61-90)- General principles regarding exclusion by evidence (Sections 91-100).
Unit 4
Burden of Proof- The general conception of onus probandi (Section 101)- General and special exception to onus probandi (Sections102-106)- The justification of presumption and burden of proof (Sections 107 to 114) with special reference to presumption to legitimacy of child and presumption as to dowry death- Doctrine of judicial notice and presumptions. · Estoppel: Scope of Estoppel - Introduction as to its rationale (Section 115)- Estoppel distinguished from Res judicata - Waiver and Presumption- Kinds of Estoppel- Equitable and Promissory Estoppel- Tenancy Estoppel (Section 116).
Unit 5
Witness, Examination and Cross Examination: Competence to testify (Sections 118 to 120)-Privileged communications (Sections 121 to 128)- General principles of examination and cross examination (Sections 135 to 166)- Leading questions (Sections 141- 145)- Approver’s testimony (Section 133)- Hostile witnesses (Section 154)- Compulsion to answer questions (Sections 147, 153)- Questions of corroboration(Sections 156-157)- Improper admission of evidence.