BHARTIYA SAKSHYA ADHINIYAM, 2023
Mohanlal Sukhadia University · LL.B. Semester 3 · 8001
Unit 1 — Preliminary
Application of Bhartiya Sakshya Adhiniyam, 2023, Definition: Court, Fact - fact in issue and relevant fact, Evidence - meaning and its kinds, proved, disproved, not proved, may presume, shall presume and conclusive proof, presumptions of fact and law.
Unit 2 — Relevancy of facts (Chapter-II)
Explaining - Res-gestae, occasion, cause, effect, motive, intention, preparation, previous and subsequent conduct, introductory and explanatory facts, facts and otherwise relevant become relevant, accidental and incidental facts.
Unit 3
Facts which need to be proved (Chapter-III)
Unit 4 — Admission and Confession
(A) Admission: Definition, whose admission is relevant, relevancy of admission in civil cases, admission is not conclusive proof, admission as an estoppel. · (B) Confession: Definition, its kinds, confession caused by inducement, threat or promise, confession to police officer, confession in the custody of police, Confession to Magistrate, Confession by co-accused. · (C) Difference between admission and confession. · (D) Relevancy of statements: · (i) Statements by persons who cannot be called as witness. · (ii) Statement made under special circumstances. · (iii) Relevancy of judgement of a Court of Law · (iv) Opinion of third person · (v) Opinion of experts · (vi) Relevancy of character
Unit 5 — Evidence
Oral evidence, documentary (Chapter-IV) evidence, kinds of documentary evidence, when secondary evidence is relevant, public and private document (Chapter-V) Exclusion of oral evidence by documentary evidence - Application of this principle and its exceptions, ambiguous documents, kinds of ambiguity (Chapter-VI).
Unit 6 — Burden of Proof (Chapter-VII)
Meaning, general principles of burden of proof in civil 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 7 — Estoppel (Chapter-VIII)
Meaning, essentials, nature and its kinds.
Unit 8 — Witnesses
(Chapter-IX) Competency of witness, when persons can be compelled to appear as witnesses, privileged communications and documents, accomplice, hostile witness.
Unit 9 — Examination of Witnesses (Chapter-X)
Order of examinations, kinds of examinations, leading question, impeaching the credit of witness, questions which can and which cannot be asked, refreshing the memory of witness, production of document, Judge's power to put questions and to order production.
Unit 10
Effect of improper acceptance or rejection of evidence (Chapter-X).