Law of Evidence
Tamil Nadu Dr. Ambedkar Law University · LL.B. Semester 4 · TA4A
Unit I — Introduction
Introduction The Indian Evidence Act, 1872-Applicability and exclusion. Lex Fori- Statutory definitions - The Indian Law of Evidence compared with the English Law of Evidence - Exceptions same; rules of evidence applicable to civil and criminal proceedings - Doctrine of corpus delicit - presumptions of laws - and presumptions of fact.
Unit II — Matters of which proof is allowed - Relevancy and admissibility-
Matters of which proof is allowed - Relevancy and admissibility- Resgesta - Motive preparation, opportunity and subsequent conduct - introductory and explanatory facts of relevant facts - Acts of conspirators - facts otherwise relevant -Facts determining quantum of damages - Existence or exercise of custom- Statement of bodily or mental condition similar facts- course of business-Admission and confession statement of persons who cannot be called as witnesses. Disposition of former proceedings relevant in public records, maps, charts, Act or notifications, Law books and law reports - judgment opinions of witnesses - Character of parties - Civil and Criminal cases - Previous conviction of parties - General reputation of parties. Matters of which proof is not required - Judicial Notice - Law and Custom - Public Administration - Common knowledge -Facts formerly admitted presumptions - Rebuttal of presumptions. Matters of which proof is not allowed - Facts which parties are stopped from proving - stopped by record, deed and conduct.
- 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
- Statements by persons who cannot be called as witness
- Judgements when relevant
- Relevancy of opinions of third parties
- Character when relevant
- Facts which need not be proved
Unit III — Proof - oral evidence - Rule against hearsay - The evidence
Proof - oral evidence - Rule against hearsay - The evidence rule - Admissions, confessions, declaration statement in Public documents - Documentary evidence, primary and secondary evidence - Digital evidence - Genuiness of documents - Proof of public documents by certified copies or by records of the documents, etc. Presumptions as to documents - parol Evidence respecting. Documents as substitute for documents - variation or contradiction or contradiction in aid of interpretation.
Unit IV — Production and Effect of Evidence
Burden of proof - quantum of proof - cogency of evidence- competency of witness - compellability - oath or affirmation - Examination in chief cross examinations questions in cross Examination - re-examination. Hostile witness - Discredit of opposing witness - contradiction of witness- dental privilege - Affairs of State- lnformation Legal Professional Communications between spouses accomplices - Discretion of witness - Admissibility of evidence - witness called by judge - corroborations - Refreshing memory - Judges power to put questions - Appeal against improper admission and rejection of evidence.