Law of Evidence
Maharshi Dayanand Saraswati University · LL.B. Semester 6 · LL.B/601
Unit 1 — Preliminary and Relevancy of Facts
A. Definitions (section 3)- Court, Fact, Fact in issue, Relevant fact, Evidence- meaning and its kind, Circumstancial evidence, Document, Proved, Disproved, Not proved, Presumptions- may presume, shall presume and conclusive proof (sec. 4), Presumptions of Fact and law, Presumptions regarding documents · B. Relevancy of facts: Relevancy and Admissibility of fact, Doctrine of Res Gestae (Sec.6,7,8,9), Conspiracy (sec.10) and Relevany of otherwise irrelevant facts ( sec.11); Facts concerning state of mind /state of body or bodily feelings (sec.14); Accidental and Incidental facts(sec.15) Facts which need not be proved (sec. 56-58), Relevancy of judgment of a court (sec.40- · 44) , Opinions of Third Persons (sec. 45-51), Opinion of Experts (sec. 45- 46), Relevancy of Character (sec. 52-55)
- 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
- Conspiracy when relevant
- When facts not otherwise relevant become relevant
- State of mind and body
- Judgements when relevant
- Relevancy of opinions of third parties
- Character when relevant
- Facts which need not be proved
- Law relating to presumptions
- Expert Witness and Admissibility of expert's opinion in the courts
Unit 2 — Admission and Confession and Relavancy of statements
A. Admission (sec. 17-23 & 31): Definition, whose admission is relevant, relevancy of admission in civil cases, admission is not conclusive proof, admissions as estoppels. · B. Confession : Definition., its kinds, Confession caused by inducement, threat or promise(sec.24), Confession to police officer (sec.25), Confession in the custody of police confession of Magistrate(sec.26), Confession by co- accused (sec.30), Confession when Relevant (sec. 27-29) · C. Difference between Admission and Confession · D. Relevancy of statements- · i. Statements by persons who cannot be called as witness( sec.32-33) · ii. Statement made under special circumstances (sec.34-39)
Unit 3 — Evidence
A. Oral evidence and Hearsay Evidence (sec.59-60) · B. Documentary Evidence (sec.61-90) - Kinds of Documentary Evidence; · Special provision regarding Electronic Evidence and its admissibility; When Secondary Evidence is relevant; Public and Private Document; Exclusion of Oral Evidence by Documentary Evidence (sec.91-92) : Application of this principle and its exceptions; Ambiguous documents, Kinds of ambiguity.(93-100) · C. Burden of Proof( Sec.101-114): Meaning, General principles of Burden of Proof in Civil l and Criminal cases and exceptions to it When burden of proof shifts, Proof of Legitimacy of Child, Proof in Dowry Deaths and in the matters of Rape.
Unit 4 — Estoppel and Witness
A. Estoppel: Meaning, essentials, nature and its kinds. (Sec 115-117) · B. Witnesses: Competency of Witness to Testify (sec 118-120); Privileged Communications (sec 121-129); Accomplice (sec.133); Hostile Witness(sec.154)
Unit 5 — Examination of Witnesses: (Sec.136-166)
A. Order of examinations, Kinds of examinations · B. Leading questions; Impeaching the credit to witness, Questions which can and which cannot be asked; Refreshing the memory of witness; Compulsion to answer questions; questions of corroboration, Production of document · C. Judge's power to put questions and to order production · D. Effect of Acceptance or Rejection of Improper Evidence