COURSE
Law Of Evidence CREDITS 4
TITLE
COURSE
COURSE
CLAW 214 CATEGOR 4-0-0
CODE
Y
Approval LEARNIN
Version
Details G LEVEL
ASSESSMENT SCHEME
Semester
End
During Semester Assessment(DSA)
Examinatio
n
MSE-1
DSA Components Attendance SEE
15%
30% 5% 50%
• Law of Evidence is categorized under ‘adjective law’ together
with procedural laws, both civil and criminal procedure. This
course concentrates on the law governing the admission of
evidence, focusing on the Indian Evidence Act, 1872 and
related case laws. It also examines principle and conceptual
Course
issues related to evidence including relevancy of facts, burden
Description
of proof, admissibility, hearsay and its exceptions, examination
of witnesses and production of evidence. The course also
aims to equip students to reflect critically on the law of
evidence and update them with the recent legislative
amendments like the Criminal Law (Amendment) Act, 2013..
1. To understand the legislative history and development of the rules
of evidence in India.
2. To Analysis the general concept of law of evidence, definition etc
3. To comprehension general principles related to different types and
forms of evidence in relation with other substantive and procedural
law.
4. To distinguish between relevancy of Facts and admissions
Course
5. To examine the nexus between admission and confession
Objective
6. Application of dying deceleration as evidence by the Indian courts
7. To distinguish between character evidence in civil and criminal
cases.
8. To analysis the difference between public and private documents
9. To analyze the rules relating to burden of proof, estoppel ,
privileged communication and presumption
10. To examine the general principles of witness, and cross
examination.
Upon completion of this course, the students will be able to
1. Demonstrate the understanding of basic definitions under Indian
evidence Act, types of evidence and relevancy and admissibility
of admission
2. To identify who can be called as witnesses, Differentiate between
admission and confession, dying declaration and its admissibility
Course
in the court
Outcome
3. To Analysis the character evidence and difference between
documents and oral and documentary evidence
4. To understand burden of proof and Doctrine of Estoppel and
presumption
5. Application of knowledge of witness- competency, examination
and cross examination of witness and privilege communication
Prerequisites:
CO, PO AND PSO MAPPING
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P P P
P P P O P
C O PO- O PO- O PO PSO PS PS
O PO-2 O O - O
O - 5 - 8 - -10 -1 O- O-
-1 -4 -7 1 -
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1: Weakly related, 2: Moderately related and 3: Strongly related
MODULE 1: 1. Law of Evidence: Introduction (10 Teaching Sessions)
1.1 Salient features and applicability
1.2 Central Conceptions in Law of Evidence
1.3 Types and forms of evidence
1.4 Relevancy of facts
1.5 Principle of Res gestae
Relevancy and Admissibility of Admissions
2. MODULE 2: Relevancy and Admissibility of Confessions (10 hrs)
2.1 Statements by persons who cannot be called as witnesses
2.2 Statements made under special circumstances
2.3 How much of a statement is to be proved?
2.4 Judgment and Opinions
3. MODULE 3: Character Evidence (8hrs)
3.1 Facts which need not be proved: Judicially noticed evidence
3.2 Oral Evidence
3.3 Documentary Evidence
3.4 Public and Private Documents
3.5 Presumption as to Documents
Exclusion of Oral or Documentary Evidence
MODULE 4: Burden of Proof and Estoppel : (10 hrs)
Burden of proof : General concepts
4.1 The justification of presumption and burden of proof
4.2 Doctrine of judicial notice and presumptions
Estoppel
MODULE 5: Witness, Examination and Cross Examination, Rejection of Evidence
: (10 hrs)
5.1 Witnesses – competency
5.2 Witnesses – Privileged communication
5.3 Examination of Witnesses
Improper admission and rejection of evidence
TEXT BOOKS
Compulsory Readings
1. Shakil Ahmad Khan, Ratanlal and Dhirajlal’s The Law of Evidence
1.
(26th edn, LexisNexis 2017)
2. B M Prasad and Manish Mohan, Woodroffe and Amir Ali’s Law of
Evidence (4 volumes, 20th edn, Lexis Nexis 2017)
3. Richard Glover, Murphy on Evidence (15th edn, Oxford University Press
2015)
4. Colin Tapper, Cross and Tapper on Evidence (12th edn, Oxford
University Press 2010)
Suggested Readings
5. M C Sarkar, S C Sarkar and P C Sarkar, Law Of Evidence–In India,
Pakistan, Bangladesh, Burma, Ceylon, Malaysia & Singapore (2
volumes, 19th edn, Lexis Nexis 2016)
6. C. D. Fields, Commentary on Law of Evidence, In India, Pakistan,
Bangladesh, Burma, Malaysia, Ceylon and Singapore, with (The
Repealing and Amending Act, 2015), (17 of 2015) & The Repealing and
Amending (Second) Act, 2015 (19 of 2015) ( 5 volumes, 13th edn, Delhi
Law House 2016)
7. Ram Jethmalani and D. S. Chopra, The Law of Evidence: A concise
commentary (Thomson Reuters Legal 2015)
.
REFERENCE BOOKS
1 1. M C Sarkar, S C Sarkar and P C Sarkar, Law Of Evidence–In India,
Pakistan, Bangladesh, Burma, Ceylon, Malaysia & Singapore (2
volumes, 19th edn, Lexis Nexis 2016)
2. C. D. Fields, Commentary on Law of Evidence, In India, Pakistan,
Bangladesh, Burma, Malaysia, Ceylon and Singapore, with (The
Repealing and Amending Act, 2015), (17 of 2015) & The Repealing and
Amending (Second) Act, 2015 (19 of 2015) ( 5 volumes, 13th edn, Delhi
Law House 2016)
3. Ram Jethmalani and D. S. Chopra, The Law of Evidence: A concise
commentary (Thomson Reuters Legal 2015)
E BOOKS
1.
Relevant Cases
1. Ram Bihari Yadav v. State of Bihar, AIR 1998 SC 1850
2. G. V. Rao v. State of Andhra Pradesh, AIR 1996 SC 2791
3. Daya Singh v. State of Haryana, AIR 2001 SC 1188
4. Rajesh Govind Jagesha v. State of Maharashtra, AIR 2000 SC 160
5. Sita Ram Bhau Patil v. Ramchandra Nago Patil, AIR 1977 SC 1712
6. Bishwanath Prasad & ors. v. Dwaraka Prasad & ors. AIR 1974 SC 117
7. Uka Ram v. State of Rajasthan, AIR 2001 SC 1814
8. Haricharan Kurmi v. State of Bihar, AIR 1964 SC 1184
9. Veera Ibrahim v. State of Maharashtra AIR 1976 SC 1167
10. Sucha Singh v. State of Punjab, AIR 2001 SC 1436
11. Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik and Anr. (2014)
2 SCC 576
12. Sanatan Gauda v. Berhampur University, AIR 1990 SC 1075
13. Selvi v. State of Karnataka, AIR 2010 SC 1974
14. State of Punjab v. Sodhi Sukhdev Singh, AIR 1961 SC 493
15. R. D. Nayak v. State of Gujarat, AIR 2004 SC 23
16. Pannayar v. State of Tamil Nadu, AIR 2010 SC 85
17. Haroon Haji Abdulla v. State of Maharashtra AIR 1968 SC 832
Ram Chander v. State of Haryana, AIR 1981 SC 1036
