II: Paper-V : Law of Evidence (BSA)

Subject introduction

Law of Evidence (Bharatiya Sakshya Adhiniyam): This course examines the procedural rules governing how facts are proved, tested, and admitted within judicial proceedings under contemporary legal provisions. It equips students with a thorough understanding of relevancy, oral and documentary evidence (including digital records), burdens of proof, presumptions, and witness examination techniques.

Syllabus

PAPER - V

LAW OF EVIDENCE (BHARATIYA SAKSHYA ADHINIYAM)

• Unit-I: Bharatiya Sakshya Adhiniyam, 2023 - Salient features of the Act, Meaning and kinds of Evidence, Interpretation clause - Documents, May presume, shall presume and Conclusive proof, fact, Fact in issue and Relevant facts, proved, disproved, Distinction between Relevancy and Admissibility, Doctrine of Res gestae, Motive, preparation and conduct, Conspiracy, When Facts not otherwise relevant, Right and custom, Facts showing the state of mind etc.

• Unit-II: Admissions and Confessions: General Principles concerning Admissions, Differences between "Admission" and "Confession", Confessions obtained by inducement, threat or promise, Confession 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: Relevancy of Judgments, Opinion of witnesses - Expert's opinion, Opinion on Relationship especially proof of Marriage, Facts which need not to be proved, Oral and Documentary Evidence - General Principles concerning oral evidence and documentary evidence, Primary, electronic or digital record, special provision as to evidence relating to electronic record, admissibility of electronic records and Secondary evidence, Modes of proof of execution of documents, Presumptions as to documents, General Principles regarding Exclusion of Oral by Documentary Evidence, Relevance of social media in the law of evidence.

• Unit-IV: Rules relating to Burden of Proof, Presumption as to Dowry Death, Estoppels - Kinds of estoppels, Res Judicata, Waiver and Presumption.

• 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.

• Suggested Readings:

  1. Batuk Lal: The Law of Evidence, Central Law Agency Allahabad.

  2. M. Monir: Principles and Digest of the Law of Evidence, Universal Book Agency, Allahabad.

  3. Vepa P.Saradhi: Law of Evidence Eastern Book Co., Lucknow.

  4. Avatar Singh: Principles of the Law of Evidence, Central Law Publications.

  5. V. Krishnama Chary: The Law of Evidence, S. Gogia & Company Hyderabad.

  6. V.Nageswara Rao: The Evidence Act, Lexis Nexis.

Unit-wise notes

Quick Reference

Important Acts and sections

Charts