Law of Evidence

Maharashtra National Law University, Aurangabad · LL.B. Semester 6

Unit I — Introduction to the Law of Evidence

Brief Note: Introduction about the Act along with the salient features and understanding the important terms used in the evidence law. · Introduction to Law of Evidence, The Indian Evidence Act, 1872 & The Bharatiya Sakshya Adhiniyam, 2023, Analysis on Comparative Table of Sections, Salient features of the Act, Meaning and kinds of Evidence, The impact of the Information Technology Act, 2000 on the Indian Evidence Act, 1872, Criminal Amendment Acts, 2013 &2018, Erstwhile Interpretation clause — Definitions, Evidence, Proved, Disproved, Not Proved, May presume, Shall presume, · Conclusive proof.

Unit II — Relevancy of Facts

Brief Note: Understanding the general principles of Facts, Fact-in-issue & Relevant Facts · Fact, Fact in issue and Relevant facts, Distinction between Relevancy and Admissibility, Doctrine of Res gestae, Relevancy of facts regarding cause, effect, opportunity, occasion, Motive, preparation and conduct, Introductory and Explanatory Facts, Relevancy of facts in Conspiracy Cases, When Facts not otherwise relevant become relevant, Facts relevant to assessment of damages, Right and custom, Facts showing the state of mind and bodily feelings etc, Facts dealing with an act of accidental or intentional, Existence of' Course of business, when relevant.

Unit III — Admissions & Confessions

Brief Note: Understanding the legal aspects of Admissions & Confessions and their evidentiary value · Introduction to Admissions & Confessions, General Principles concerning, Admissions, Differences between "Admission" and "Confession", Confessions obtained by inducement, threat or promise, Confessions made to a police officer, Statement made in the custody of a police officer leading to the discovery of incriminating material, Admissibility of Confessions made by one accused person against co-accused,

Admissions and Confessions

Unit IV — Dying Declarations and their Evidentiary Value

Brief Note: Understanding the general principles of Dying Declaration · Dying Declarations and their evidentiary value, Other Statements by persons who cannot be called as Witnesses, Admissibility of evidence of witnesses in previous judicial proceedings in subsequent judicial proceedings.

Statements by persons who cannot be called as witness

Unit V — Relevancy of Judgments, Opinion of Third Persons & Character of the Parties

Brief Note: Understanding the legal nuances of Relevancy of Judgments, Opinion of Third persons & Character Evidence · Relevancy of Judgments, Opinion of witnesses, Expert's opinion, Opinion on Relationship especially proof of marriage, Relevancy of Character of the parties, Facts which need not be proved.

Unit VI — Oral and Documentary Evidences

Brief Note: Understanding the legal nuances of Oral & Documentary Evidences as well as the modern electronic evidence and evidentiary value · Oral and Documentary Evidence, General Principles concerning oral, evidence and documentary evidence, Primary and Secondary evidence, Electronic Records and its Evidentiary Value, Modes of proof of execution of documents, Presumptions as to documents, General Principles regarding Exclusion of Oral by Documentary Evidence, Relevance of social media in the law of evidence.

Unit VII — Rules relating to Burden of Proof

Brief Note: To understand the evidentiary value of Estoppels as well as the principles of Burden of Proof · Rules relating to Burden of Proof, Presumption as to Dowry Death, Estoppels, Kinds of estoppels

Unit VIII — Competency to Testify & Examination of Witnesses

Brief Note: To understand the competency & compellability of witnesses as well as various stages of examinations & Miscellaneous · Competency to testify, Privileged communications, Testimony of Accomplice, Examination in Chief, Cross-examination & Re-examination, Leading questions, Lawful questions in cross- examination, Compulsion to answer questions put to witness, Hostile witness, Impeaching the credit of witness, Refreshing memory, Questions of corroboration, Improper admission and rejection of evidence, Changes in The Bharatiya Sakshya Adhiniyam, 2023.