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.

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.