Law of Evidence
Mahatma Gandhi University · LL.B. Semester 4 · UL-16
Unit I
History and development of law of evidence- salient features- definition- legal and logical relevancy- Relevancy and Admissibility- Best evidence rule- Fact, fact in issue and relevant fact- Kinds of evidence- Evidence and proof- Concepts- Constitutional protections and adducing of evidence- Relevancy of facts- Res gestae –common intention- identity and identification- Facts otherwise irrelevant- proof of right or custom- Circumstantial evidence- principles –Motive, preparation, conduct, occasion, cause, opportunity, conduct, state of mind, body, bodily feeling- similar facts. Facts delineating accidental occurrences and intentional acts.
- 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
Exclusion of hearsay evidence and exceptions- Admissions –Principles and applicability- Confessions- kinds of confessions, valid confession, principles, exceptions- Confession to Police and Police Custody – Recovery pursuant to authoring concealment - Applicability and evidentiary value- Co accused and approver- Declarations by persons who cannot be called into court as witnesses – Dying declaration – Relevance of judgements as evidence - General Principles- Exceptions to admissibility of judgements- Expert opinion-Judicial attitude towards expert testimonies- Areas where expert testimonies are reckoned – Opinion as to rights, custom, usages, tenets, relationships etc.
Unit III
Character evidence- civil and criminal cases- principles, applicability, exceptions and evidentiary value- Character of parties, accused, third parties, witnesses- evidence of character of victims of sexual offences pertaining to previous sexual experience regarding issues of consent—Facts admitted need not be proved- Judicial notice - Rule against Hearsay Evidence- Oral and documentary evidence- Primary evidence and secondary evidence- kinds – rules regarding admissibility- Proof of execution of documents- Attestation- Proof of Handwriting to prove execution – Exclusion of oral by documentary evidence- Kinds of documents- Ambiguity in documents- Presumption of documents-Cyber laws and evidence- Science, technology and admissibility of evidence – Appreciation of scientific evidence – Judicial Trend.
Unit IV
Burden of proof- concept- Application at different levels- Standard of proof- General and special exceptions- Kinds of Presumptions – Presumption of law, fact and conclusive proof -Presumptions and burden of proof- - Presumption as to legitimacy of child and presumption as to matrimonial offences- dowry death – abetment to commit suicide by a married woman - Presumptions as to life and death - Presumptions as to absence of consent in rape – Presumption as to certain Offences - Estoppel- Scope, principle, kinds, applicability- Waiver and presumption.
Unit V
Trial- Relevance of evidence taken before trial- competency and compellability of witnesses- Privileged communications- Categories, scope and exceptions- Examination of witnesses and various categories of examinations- Rules pertaining to various examinations-Corroboration and contradiction- Principles and mechanics- Hostile witnesses- Witness protection programme- Leading questions- Refreshing memory- Compulsion to answer questions- Improper admission or rejection of evidence- Judge’s power to intervene in trial.