LAW OF EVIDENCE

[Semester- VII]

Introduction of the course

In every civilized legal system we can classify the laws in two categories 1. Substantive Law 2.
Procedural laws. The Law of evidence is one of the most important part of the procedural law.
The law of evidence plays a very important role in the effective functioning of the judicial
system. The law of evidence is an indispensable part of both substantive and procedural laws. It
imparts credibility to the adjudicatory process by indicating the degree of veracity to be
attributed to 'facts' before the forum. This paper enables the student to appreciate the concepts
and principles underlying the law of evidence and identify the recognized forms of evidence and
its sources. The subject seeks to impart to the student the skills of examination and appreciation
of oral and documentary evidence in order to find out the truth. The art of examination and cross-
examination, and the shifting nature of burden of proof are crucial topics. The concepts brought
in by amendments to the law of evidence are significant parts of study in this course.

Module-I
Central Conceptions in Law of Evidence:

Facts: Definition
Relevant Fact

Facts in issue

Documents
Evidence: Meaning and kinds

"Proved", "Disproved" and "Not proved”

Presumption

Module-II
Relevancy of Facts
Doctrine of res gestae

Module-III

Admissions and confessions

General principles regarding admission
Differences between "admission" and "confession"

Non-admissibility of confessions caused by "any inducement, threat or promise'

 Inadmissibility of confession made before a police officer

Admissions are not the conclusive proof of the matters admitted

Module-IV

Dying Declarations
Relevancy of dying declarations

Judicial standards regarding evidentiary value of dying declarations.

Module-V
Expert Testimony
General principles
Who is an expert? : Types of expert evidence

Module-VI

Relevancy of Character
In civil cases

In civil criminal cases

Previous bad character

Module-VII

Burden of proof
The general conception of onus probandi

General and special exceptions to onus probandi

Module-VIII

Estoppel
Estoppel: General Principle

Estoppel by deed
Estoppel by conduct

Module-IX
Witnesses
Competent witness
 Privileged Communication

Professional privilege
Accomplice

Module-X
Examination and Cross Examination of witnesses
General principles of examination and cross examination

Leading questions
Hostile witness

Prescribed Books:
1. Sarkar and Manohar, Sarkar on Evidence (1999), Wadha & Co., Nagpur

2. Indian Evidence Act, (Amendment up to date)

3. Ratan Lal, Dhiraj Lal: Law of Evidence (2006, Wadhwa, Nagpur

4. Polein Murphy, Evidence (5th Edn. Reprint 2000), Universal, Delhi.

5. Albert S.Osborn, The Problem of Proof (First Indian Reprint 1998), Universal, Delhi.

6. Avtar Singh, Principles of the Law of Evidence (1992), Central Law Agency, New

7. Vepa P. Sarathi, Law of Evidence (6th ed., 2006)

8. M. Monir, Law of Evidence (14th ed., 2006)

9. The Law of Evidence,Batuk Lal,Central Law Agency, Allahabad.

Prescribed Legislation:
1. The Indian Evidence Act, 1872

2. Indian Penal Code 1860

3. Civil Procedure Code 1908

4. Criminal Procedure Code 1973