Bharatiya Sakshya Adhiniyam, 2023

Dr. Ram Manohar Lohia National Law University · LL.B. Semester 5

Unit I

Introduction, Brief History and Changes, Conceptions of evidence in ancient Hindu Jurisprudence · Evidence in customary law systems · Salient features of the Indian Evidence Act · Applicability of the Indian Evidence Act · Facts, Facts in issue and relevant facts, Circumstantial and direct evidence, Presumptions, proved, disproved, not proved

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

Unit II

Appreciation of evidence, Relevancy of Facts, Facts closely connected with facts in issue, Doctrine of Res gestae · Evidence of Common Intention, Relevancy of otherwise irrelevant facts, Facts to prove right or custom, Facts concerning state of mind/state, Admission and confession · Dying declaration · Statement under special, circumstances

Unit III

Relevancy of previous judgement · General principles - Fraud and collusion · Expert opinion · Types of expert evidence - Problems of judicial defence to expert testimony · Relevancy of character · Evidence in Civil Criminal cases · Oral and documentary Evidence · General principles concerning oral Evidence, General principles concerning documentary Evidence, General principles regarding exclusion by evidence

Unit IV

Burden of Proof, The general conception of onus probandi, General and special exception to onus probandi · The justification of presumption and burden of proof, with special reference to presumption to legitimacy of child and presumption as to dowry death · Doctrine of judicial notice and presumptions · Estoppel- Introduction as to its rationale

Unit V

Witness, Examination and Cross Examination: Competence to testify · Privileged communications · General principles of examination and cross examination · Leading questions, Approver’s testimony, Hostile witnesses, Compulsion to answer questions · Questions of corroboration, Improper admission of evidence