Law of Evidence
University of Kota · LL.B. Semester 5 · Paper 19
Unit 1 — Preliminary
Application of Indian Evidence Act. Definition Court, fact, fact in issue and relevant fact. Evidence meaning and its kinds, proved, disproved, not proved, may presume, shall presume and conclusive proof. Presumptions of fact and law. Presumptions regarding documents, Relevancy of facts, Explaining Res-gestae. Occassion cause, effect : motive, intention preparation Previous and subsequent conduct introductory and explanatory facts and otherwise relevant become relevant, accidental and incidental facts, facts which need not be proved, improper admission and rejection of facts.
- 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
- Doctrine of Res Gestae
- Motive, Preparation and Conduct
- Conspiracy when relevant
- When facts not otherwise relevant become relevant
- State of mind and body
- Facts which need not be proved
- Law relating to presumptions
- Improper admission and rejection of evidence
Unit 2 — Admission and Confession
(a) Admission: Definition, whose admission is relevant, relevancy of admission in civil cases, admission is not conclusive proof. admission an estoppel · (b) Confession: definition. Its kinds, confession caused by inducement, threat or promise, confession to police officer, confession in the custody of police, confession to magistrate, confession by co- accused. · (c) Difference between admission and confession. Relevancy of statements. · (a) Statements by person who cannot be called as witness. · (b) Statements made under special circumstances. · (c) Relevancy of judgement of a court of law. · (d) Opinions of third persons · (e) Opinions of experts/third person. · (f) .Relevancy of character.
Unit 3 — Evidence
Oral evidence, documentary evidence, kinds of documentary, when secondary evidence is relevant. Public and private document. Exclusion of oral evidence by documentary evidence: application of this principle, its exceptions, ambiguous documents, kinds of ambiguity. Burden of Proof: meaning, general principles of burden of proof in civil and criminal cases and exceptions to it. When burden of proof shifts, proof of legitimacy of child, proof in dowery deaths and in matters of rape.
Unit 4 — Estoppel
Meaning, essential, nature and its kinds, Witnesses Competency of witness, when person can be compelled to appear as witnesses, privileged communications and documents, accomplice, hostile witnesses.
Unit 5 — Examination of Witnesses
Order of examinations, kinds of examinations, leading question, impeaching the credit of witness, questions which can and which cannot be asked, refreshing the memory of witness, production of document, judge‘s power to put questions and to order production. Effect of improper acceptance or rejection of evidence.