Law of Evidence
Osmania University · LL.B. Semester 2 · P-V
Unit I
Bharatiya Sakshya Adhiniyam, 2023 · Salient Features of the Act · Meaning and Kinds of Evidence Interpretation Clause · Documents, May Presume, Shall Presume and Conclusive Proof · Fact, Fact in Issue and Relevant Facts, Proved, Disproved · Distinction Between Relevancy and Admissibility · Doctrine of Res Gestae · Motive, Preparation and Conduct · Conspiracy When Facts Not Otherwise Relevant Become Relevant · Right and Custom · Facts Showing the State of Mind Etc
- 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 & Confessions: General Principles concerning Admissions · Differences between "Admission" and "Confession" · Confessions obtained by inducement, threat or promise · Confessions made to 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. 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
Unit III
Relevancy of Judgments · Opinion of witnesses · Expert's opinion · Opinion on Relationship especially proof of marriage · Facts which need not be proved · Oral and Documentary Evidence · General Principles concerning oral evidence and documentary evidence · Primary, electronic or digital record, special provision as to evidence relating to electronic record, admissibility of electronic records and Secondary evidence · 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
- Judgements when relevant
- Relevancy of opinions of third parties
- Facts which need not be proved
- Oral and documentary evidence
- Proof of electronic evidences
- Public and private documents
- Law relating to presumptions
- Exclusion of oral by documentary evidence
- Expert Witness and Admissibility of expert's opinion in the courts
Unit IV
Rules relating to Burden of Proof · Presumption as to Dowry Death · Estoppels · Kinds of estoppels · Res Judicata, Waiver and Presumption
Unit V
Competency to testify · Privileged communications · Testimony of Accomplice · Examination in Chief, Cross examination and 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