Law of Evidence
Savitribai Phule Pune University · LL.B. Semester 3 · LCC 0702
Unit 1 — Introduction to Law of Evidence
1. Overview of the Indian Evidence Act, historical background, objectives, and scope Central Conceptions in Law of Evidence, · 2. Bhartiya Sakshya Sanhita, 2023: Structure and Key Provisions · 3. Definitions - Facts Sec. 2 (f), relevant facts Sec. 2 (k), facts in issue Sec. 2 (g), · 4. Evidence Sec. 2 (e): Oral and documentary and real Primary and secondary evidence, Sec 2 (d), Circumstantial Evidence and Direct and indirect Evidence, Hearsay Evidence, Proved Sec. 2 (j), Not Proved Sec. 2 (i) and Disproving Sec. 2 (c), Witness Sec. 124, · 5. Appreciation of Evidence and Presumption – May Presume Sec. 2 (h), Shall Presume Sec. 2 (l) and Conclusive Proof Sec. 2 (b)
- 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
- Oral and documentary evidence
- Law relating to presumptions
Unit 2 — Relevance and Admissibility
1. Concepts of relevance and admissibility, admissible and inadmissible evidence Sec. 3 · 2. The Doctrine of Res Gestae Secs. 4, 5, 6, Test identification parade Sec. 7, Evidence of Common Intention Sec. 8, The problems of relevancy of ‘Otherwise’ Irrelevant Facts Sec. 9, facts to determine amount of damages Sec. 10, Proof of Custom Sec. 11, Facts concerning state of body and mind Secs. 12, 13 & 14. · 3. Admissions Secs. 15-21, General Principles concerning Admissions Sec. 25 · 4. Confessions Secs. 22-24 - Admissibility and Inadmissibility of confession made before a police officer, Confession by coaccused, the problems with the judicial action based on a "retracted confession", Differences between "Admission" and "Confession",
- General introduction and Relevancy of Facts (ss. 1-55) and relevant definitions under Information Technology (Amendment) Act 2008
- Doctrine of Res Gestae
- Motive, Preparation and Conduct
- Conspiracy when relevant
- When facts not otherwise relevant become relevant
- State of mind and body
- Admissions and Confessions
Unit 3 — Statements by Persons
1. Statement of persons who cannot be called as witnesses Secs. 26-27 · 2. Statement made under special circumstances Secs. 28-32, How much of a statement is to be proved Sec. 33 · 3. Judgments of courts when relevant Secs. 34-38 · 4. Relevancy of expert witness Secs. 39-45, The problems with expert testimony. · 5. Evidence of character Secs. 46-50
Unit 4 — Documentary Evidence
1. Types of documents, admissibility of documents, proof of execution, secondary evidence Documentary evidence: · 2. General Principles concerning documentary evidence Sec. 56, Primary and Secondary evidence, Secs. 57-60 · 3. Electronic and digital record Sec. 61, Admissibility and Relevancy of Electronic Records Secs. 62-63, relevant legal provisions under the Information Technology Act, 2000 · 4. Attested documents Secs. 65-73 · 5. Public document and private document Secs. 74-77, Presumptions regarding documents Secs. 78-93 · 6. General Principles Regarding Exclusion of Oral by Documentary Evidence Secs. 94-95 · 7. Ambiguous documents Secs. 96-103
Unit 5 — Witnesses
1. Competency and compellability of witnesses, who may testify Sec. 124 · 2. Witness unable to communicate verbally Sec. 125 · 3. Examination of witnesses, Competency to testify Secs. 126-127, · 4. Privileges of communications: matrimonial privileges Secs. 128, State Privilege Sec. 129, Official Communications Sec. 130, Information as to commission of offences Sec. 131 · 5. Professional Privilege Sec. 132-134 · 6. Other provisions as to witness Sec. 135, 136 and 137 · 7. Accomplice and number of witnesses Sec. 138 and Sec. 139
Unit 6 — Burden of Proof
1. Burden of proof and standard of proof, burden of proof in civil and criminal cases · 2. The general conception of burden of proof Secs. 104-107, · 3. General and Special Exceptions to burden of proof Secs. 108-116, · 4. Court may presume existence of certain facts Secs. 117-120, · 5. The Scope or the doctrine of judicial notice Secs. 51-52 · 6. Facts admitted need not be proved Secs. 53
Unit 7 — Oral Evidence
1. Oral evidence: general principles concerning Oral Evidence, exceptions to hearsay evidence. · 2. Oral evidence: Examination-in-chief, cross-examination, re-examination, witness credibility - General Principles of Examination Secs. 140-168, Leading Questions Sec. 146, Lawful Questions in Cross-Examination Sec. 149, Hostile witness Sec. 157, Impeaching of the standing the credit of witnesses Sec. 158, · 3. Refreshing the memory Sec. 162.
Unit 8 — Estoppel
1. What is Estoppel? Estoppel, Res judicata and waiver; and presumption, · 2. Promissory Estoppel, Secs. 121-123, · 3. Effect of Improper admission and of witness in civil and criminal eases Sec. 169