Law of Evidence
Rashtrasant Tukadoji Maharaj Nagpur University · LL.B. Semester 5 · 5.2
Unit I — UNIT I
Introduction to Law of Evidence · The Indian Evidence Act, 1872 — Salient features of the Act · Other acts which deal with evidence. (Special reference to C.P.C., Cr.P.C., IT Act) · Meaning and kinds of Evidence · Interpretation clause — May Presume, Shall presume and Conclusive proof - Fact, Fact in issue and Relevant facts · Distinction between Relevancy and Admissibility · Standard or Degree of Proof in Civil / Criminal Proceeding · 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.
- Introduction and applicability of Indian Evidence Act, 1872
- General introduction and Relevancy of Facts (ss. 1-55) and relevant definitions under Information Technology (Amendment) Act 2008
- Important terminologies under Indian Evidence Act, 1872
- Definitions under Information Technology (Amendment) Act, 2008- S.2
- 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 — 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 — 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 and Secondary evidence · Modes of proof of execution of documents · Presumptions as to documents · General Principles regarding Exclusion of Oral by Documentary Evidence.
Unit IV — UNIT IV
Rules relating to Burden of Proof · Presumption as to Dowry Death · Estoppel — Kinds of estoppel — Res Judicata, Waiver and Presumption.
Unit V — 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.