Law of Evidence (Bharatiya Sakshya Adhiniyam)
Veer Narmad South Gujarat University · LL.B. Semester 5 · 2005000105030001
Unit 1 — Introductory
The main features of the Bharatiya Sakshya Adhiniyam, 2023. · Other acts which deal with evidence (special reference to CPC, Bharatiya Nagarik Suraksha Sanhita, 2023) · Definitions (Section 2)
Unit 2 — Facts: Relevancy (Ss. 3 to 14)
The Doctrine of res gestae · Evidence of common intention · The problems of relevancy of "Otherwise" irrelevant facts · Relevant facts for proof of custom · Facts concerning bodies & mental state · Existence of course of business when relevant
Unit 3 — Admissions and confessions
General principles concerning admission (Section 15, 21) · Differences between "admission" and "confession" · Admissions in relation of parties to the suit (Section 16 to 18) · Proof of admissions against persons making them, and by or on their behalf (Section 19) · When oral admissions as to contents of documents are relevant (Section 20) · The problems of non-admissibility of confessions caused by "any inducement, threat of promise' (Section 22) · Confession to police officer (Section 23) · Consideration of proved confession affecting person making it and others jointly under trial for same offence (Section 24) · Admissions not conclusive proof, but may estop (Section 25)
Unit 4 — Statements by persons who cannot be called as witnesses
The justification for relevance on dying declarations (Section 26) · The judicial standards for appreciation of evidentiary value of dying declarations. · Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated (Section 27)
Unit 5 — Statements made under special circumstances (Ss. 28 to 33)
Unit 6 — Relevance of Judgments (Ss. 34 to 38)
Unit 7 — Expert Testimony
General principles · Who is an expert? : Types of expert evidence · The problem of judicial defence to expert testimony. · Opinions of experts (Section 39) · Facts bearing upon opinions of experts (Section 40) · Opinion as to handwriting and signature, when relevant (Section 41) · Opinion as to existence of general custom or right, when relevant (Section 42) · Opinion as to usages, tenets, etc., when relevant (Section 43) · Opinion on relationship, when relevant (Section 44) · Grounds of opinion, when relevant (Section 45)
Unit 8 — Character when relevant
In civil cases character to prove conduct imputed, irrelevant (Section 46) · In criminal cases previous good character relevant (Section 47) · Evidence of character or previous sexual experience not relevant in certain cases (Section 48) · Previous bad character not relevant, except in reply (Section 49) · Character as affecting damages (Section 50)
Unit 9 — Facts Which Need Not Be Proved (Ss. 51 to 53)
Unit 10 — Oral and Documentary Evidence
General principles concerning oral evidence (Ss. 54 – 55) · General principles concerning Documentary Evidence (Ss. 56 to 93) 10.2.1 Types of Documentary Evidence (Ss. 56 to 73) 10.2.2 Public Documents (Ss. 74 to 77) 10.2.3 Presumptions as to Documents (Ss. 78 to 93) · General Principles Regarding Exclusion of Oral by Documentary Evidence (Ss. 94 to 103) · Improper Admission and Rejection of Evidence (Section 169)
Unit 11 — Burden of Proof
General Principles concerning Burden of Proof (Ss. 104 to 114) · Presumptions as to Burden of Proof (Ss. 115 to 120)
Unit 12 — Estoppel
Estoppel (Section 121) · Estoppel, res judiciata and waiver and presumption · Estoppel of tenant and of licensee of person in possession (Section 122) · Estoppel of acceptor of bill of exchange, bailee or licensee (Section 123)
Unit 13 — Witnesses (Ss. 124 to 139)
Unit 14 — Examination and Cross Examination
General principles of examination and cross examination (Section 140-168) · Leading questions (Section 146) · Lawful questions in cross-examination (Section 149) · Compulsion and Non-compulsion to answer questions put to witness (Ss. 150 to 155) · Hostile witness (Section 157) · Impeaching of the standing or credit of witness (Section 158)