Law of Evidence – The Bharatiya Sakshya Adhiniyam
University of Kerala · LL.B. Semester 4 · Paper IV
Unit I — Definitions & Relevancy of facts
Nature of evidence · Basic Principles of Law of Evidence · Adversarial System and Inquisitorial System of Justice-Comparative perspective-Definitions-Evidencegeneral classifications-Appreciation of evidence · Relevancy: Facts connected with facts in issue · Motive-Preparation-Doctrine of Res-gestae · S.4 & hearsay evidenceEvidence of Common Intention S.8, Relevancy or otherwise irrelevant facts · Facts to prove right or customS.11 · Facts concerning state of mind/state of body or bodily feelings S.12-Accidental and intentional acts-in the course of business
- 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 , Confession &Dying Declaration
Relevancy and admissibility of admissions, privileged admissions- evidentiary value of admissions (SS. 15 to 21) · Distinction between admission and confessionconfession to police officer when admissible · Retracted confession · extra judicial confession-.Relevancy and admissibility of confessionsS.22: Admissibility of information received from an accused person in custody · Confession of co · accusedConfession to Police Officer S.23- Statements by persons who cannot be called as witnesses · SS 26.27- Dying declaration: Justification for relevance · Statements made under special circumstances (Ss. 28-32) · What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
Unit III — Relevancy of Judgments, Opinion & Character
Relevance of judgments: General principles, Fraud and Collusion (Ss 34-38) · Expert testimony: General principles (Sec. 39-45), who is an expert, types of expert evidence, Problems of judicial defence to expert testimony · Character evidence: Meaning · Evidence in Civil & Criminal cases (SS.46-50)
Unit IV — Introduction on Proof of facts & Oral, Documentary Evidences
Judicial notice (S.51)-admitted fact-oral evidence(SS 54.55) General principles concerning oral Evidence · documentary evidence (Ss 56-73)/primary & secondary public documents and private documents-Importance of S.61-digital & electronic records · SS 74-77 · presumption as to documents (Ss 78-93)-last scene rule-latent and patent ambiguity-proof of electronic evidence · General principles regarding exclusion of oral evidence by documentary evidence (SS. 94-103)
Unit V — Burden of Proof & Examination of witnesses
The general concept of onus probandi (SS. 104), General and Special exception to onus probandi (SS. 104-120) · Presumption and burden of proof (S.115) · Reverse burden · Presumption as to legitimacy of child--S.116 and presumption as to dowry death SS 117,118- Doctrine of judicial notice and presumptions S.119– Estoppel (Ss 121-123) · Scope of Estoppel, Introduction as to its rationale , Estoppel distinguished from Res judicata, Waiver and Presumption, Kinds of Estoppel · Who may testify(S.124) · Competency and compellability · Witness unable to communicate verbally–dumb witnessS.125 · voir dire-immunity of judges and magistrates · Privileged communications-communication during marriage S.128official communicationS.130- professional communicationS.132-Confidential communication with legal advisers- accomplice S.138 and approver · Order of production and examination of witnesses S.140-Order of examinationsS.143- General principles of examination and cross examination · leading question--S.146 · Nature of questions-Impeaching credit of witness.S.158- refreshing memoryS.162.-Judges power to ask questions-Improper admission of evidence