LAW OF EVIDENCE
1. Introduction: UNITS: 05
Definition, kinds of evidence, Fact, Facts in issue, proved, not proved, disproved,
relevant.
Facts;
Facts which are occasion, cause or effect of facts in issue. b) Motive, preparation, conduct.
"Facts of same transaction are relevant". Examine the statement with reference to judicial
pronouncement
Facts showing existence of state of mind, state of body or bodily feelings are said to be relevant.
Explain any fact which shows or constitutes a motive or preparation for any fact in issue or
relevant fact.
"Facts which, though not in issue, are so connected with a fact in issue as to form part of the
same transaction, are relevant". Critically examine the statement in the light of caselaws
Facts even though they are not in issue but become relevant because they are sO connected as
to form part of the same transaction. Explain.
"Facts which are the occasion, cause, or effect, immediate or otherwise, of relevant facts".
Discuss
"Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or
relevant fact". Explain the statement with the help of case laws
Discuss the relevancy of facts forming a part of the same transaction under the Indian Evidence
Act with relevant case laws
Explain facts showing existence of state of mind, body or bodily feelings when relevant.
Evidence;
Define the term Evidence and state the different kinds of evidence.
Explain the primary and secondary documentary evidence.
Define Evidence and explain various kinds of evidence
Define the terms primary and secondary evidence and state the cases under which secondary
evidence relating to documents may be given.
Primary Evidence b) Secondary Evidence c) Cases in which secondary evidence is admissible.
The contents documents may be proved either by primary or by secondary evidence.
Explain cases in which secondary evidence relating to documents may be given under the Indian
Evidence Act
2. Presumptions: kinds of Presumptions UNITS: 15
Define the term may presume and state the provisions under the indian Evidence Act, where the
court shall presume.
What is presumption? Explain various presumptions that are-tecognized under Indian Evidence
Act and discuss their evidentiary value.
Explain the presumption of legitimacy of Child. Discuss the impact of DNA test on this
presumption.
Explain various provisions under the Indian Evidence Act where the Court may presume.
Discuss the provisions under the Indian Evidence Act when the court may presume certain facts.
6 Critically analyse "May presume", "Shall presume" and "Conclusive proof" with the help of
relevant provisions of Indian Evidence Act.
Critically appraise the importance of May Presume' and 'Conclusive Proof in proving a case
under Evidence Act
What is 'Shall Presume'? Critically analyse the Shall presume provision in relation to dowry death
with the help of case laws
Explain provisions under the Indian Evidence Act where the court shall presume under the
Indian Evidence Act.
Discuss the provisions under the Indian Evidence Act when the court shall presume certain facts.
The court may presume the existence of any fact which it thinks likely to have happened having
regard to common course, human conduct and public and private business. Explain
3. Relevancy of Facts: UNITS: 30
Section 5 to 16, Admissions and Confessions, Statements by persons who cannot be called as
witnesses Statements made under Special circumstances, Facts of public nature, Relevancy of
judgements, Opinion of third persons when relevant, Character when relevant.
Confession in judicial proceedings is greater than any other proof. Explain.
What is confession? When confession of co accuséd is relevant?
Define the term Confession. Whether confession made to police officer or in police custody is
relevant. Distinguish it from admission.
Analyse the status of Confession caused by inducement, threat or promise under Indian
Evidence Act.
Define the term Confession. Whether confession made to police officer or in police custody is
relevant. Distinguish it from admission.
Define the term Confession and state relevancy of confession made to a police officer or while in
custody of the police.
"No confession made to a police officerl, shall be proved as against a person accused of any
offence". Discuss the law with special reterence to exceptions
Discuss when confession to police office not to be proved
Confession to police Officer is inadmissible under the Indian Evidence Act. Explain.
Define the term admission, forms of admission and persons whose admissions are relevant
under the Indian Evidence Act.
Discuss opinion of third persons when relevant under the Indian Evidence Act.
Explain various rules relating to admissibility of Confessions.
4. Proof: UNITS: 03
"All facts altered before court needs to be proved". Critically examine the exceptions to the
above statements as some facts need not be proved.
Write a detailed note on facts which need not be proved.
Facts which need not be proved.
5. Modes of proof UNITS: 03
Reasons for the Growth, Structure and Procedure of Adjudicatory Bodies, Kinds of Tribunals
6. Documentary Evidence: UNITS: 05
presumption of documents
Presumption as to dowry death b) Presumption of legitimacy of child
7. Exclusion of oral by documentary evidence UNITS: 04
Examine the rules regarding exclusion of oral evidence by documentary evidence
Oral evidence must be direct - Comment and state the exceptions in which hearsay evidence is
admissible
Oral Evidence in all cases must be direct. Explain and state the exceptions to the said rule.
Oral evidence in all cases must be direct. Explain the said statement with exceptions
Oral Evidence in all cases must be direct explain the said rule with exceptions
Analyse the law relating to exclusion of oral evidence by documentary evidenc
Write a note on the exclusion of oral evidence by docunentary evidence.
Oral evidence in all cases must be direct. Discuss the following a) exception to the rule b) why
hearsay evidence is excluded?
What is oral evidence? Explain the admissibility of oral evidence.
What is documentary evidence? When secondary evidence.is admissible
8. Ambiguous documents UNITS: 01
What is Public document? Explain the modes of proof of public documents.
9. Burden of Proof UNITS: 02
"He who asserts must prove". Discuss Burden of Proof and on whom burden of proof lies under
the Indian Evidence act.
Discuss the general principles with regards to burden of proof under the Indian Evidence Act.
Discuss the law relating to burden of proof. Explain effect of prcsumptions on burden of proof.
Define the term Burden of proof and discuss on whom Burden of proof lies
Critically analyze rules of burden of proof.
10. Estoppel UNITS: 02
Aman alleging contradictory facts ought not to be heard. Discuss the rule of estoppel.
Explain doctrine of estoppels with relevant ease law. .
Explain the relevant provisions under the Indian Evidence Act dealing with the doctrine of
estoppel.
Explain the inportance of estopple under Indian Evidence Act.
Define estopple? xplain with the help of case laws
Discuss the principle of estoppel incorporaled in the Evidence Act
Define the term estoppel and kinds of estoppel under the Indian Evidence Act.
Define the term estoppel and kinds of estoppel under the Indian Evidence Act.
Explain doctrine of estoppels with relevant case law.
"An estoppel" says Lord Coke, "is where a man is concluded by his own act or acceptance to say
the truth." Discuss.
11. Witness UNITS: 01
Witness must be a witness of fact but not of opinion - Explain and state when expert's opinion is
relevant.
Dumb Witness b) Accomplice c) Hostile Witness
Who is an expert witness? Write a note on expert witness with special reference to qualification
to be expert witness
Who is competent witness? Discuss the competency of child and old persons to be witness
Who can be termed as competent witnesses under the Indian Evidence Act and Evidentiary
value of an accomplice witness?
Who is competent witness? Examine the competency of a child witness.
Explain who may testify as a witness, types of witnesses and number of witnesses under the
Indian Evidence Act
Every witness must be a witness of fact not of opinion explain relevancy of expert opinion under
the Indian Evidence Act.
12. Privileged Communications UNITS: 02
o Communications during marriage b) Professional communication.
What is privileged communication? Explain various privileged communications recognized under
Indian Evidence Act
Communications during marriage b) Professional communications.
Write a detailed note on privileged communication.
What is professional communication? Analyse the necessity of protection with the help of case
laws
Explain the relevant provisions under the Indian Evidence Act which deal witn privileged
communication.
Explain the relevant provisions under the Indian Evidence Act in relation to Privileged
communication.
Explain the relevant provisions under the Indian Evidence Act dealing with protected
communications
13. Examination of witness UNITS: 01
o Examination in Chief b) Cross examination and c) Re-examination
Explain the order of examination. When leading questions can be asked?
Order of examination b) meaning of leading questions when they may be asked when they may
not be asked
Witness not excused on ground that answer will incriminate b) Accomplice
Order of examination b) Leading questions c) When they may be asked when they may not be
asked.
What is examination of witnesses? Write a note on order of examination
Discuss the meaning and necessity of examination of witnesses? Write a note on order of
examination
Explain the witness examination with special reference to the examination order
The court may presume the existence of any fact which it thinks likely to have happened having
regard to common course, human conduct and public and private business. Explain
Explatn the order of examination of witness. When a party can cross examine his own witness.
14. Improper admission or rejection of evidence UNITS: 01
Define admission. Explain in detail regarding the law on admission.
What is admission? Who can make admissions?
Who is an expert? When such an expert's evidence is admissible
Extra
THINGS SAID, DONE
Explain "things done including words spoken, forming a part of the same transaction" with
relevant case laws.
Discuss things said or done by one conspirator in reference to common design under the Indian
Evidence Act.
Anything said, done or written by one conspirator shall be binding on the other conspirators.
Discuss.
Explain when anything said, done or written by one conspirator is'admissible against other?
DYING
A person who is about to die would not lie. Discuss the admissibility and evidentiary value of
dying declaration.
What is Dying declaration and explain its admissibility under Indian Evidence Act..
"A person who is about to die would not lie". Discuss the relevancy and evidentiary value of a
dying declaration under the Indian Evidence Act.
'A dying declaration is not a weaker kind of evidence than any other piece of evidence'. Discuss
the relevancy of dying declaration under the Indian Evidence Act.
Critically analyse the evidentiary value of the dying declaration with the help of case laws.
A person who is about to die, would not lie. Discuss the relevancy of dying declaration under the
Indian Evidence Act.
A person who is about to die would not lie - explain the relevancy of dying declaration under the
Indian Evidençe Act.
Explain statements made by persons who cannot be called as witness with special reference to
when statements relate to cause of death with relevant case laws.
5 Critically discuss the status of dying declaration and evidentiary value of the same under Indian
Evidence Act.
Discuss with relevant cases statements made by person as to cause of his death or as to any
circumstances of the transaction which resulted in death.
Formation of opinion or conclusion is the function of the judge. Discuss the exception to the said
rule.
CHARACTER
Where a party's character is in issue, whether in civil or criminal case, evidence of character is
relevant. Explain.
Discuss in what cases character evidence is relevant under the Indian Evidence Act.
Discuss the rule against hearsay under the Indian Evidence Act
When Character is relevant ünder Indian Evidence Act?
Explain when Character evidence is relevant both in civil and criminal cases.
Explain when character is relevant under the Indian Evidence Act.
Character includes both reputation and disposition discuss character when relevant under the
Indian Evidence Act.
ACCOMPLICE
Who is an accomplice? Examine the evidentiary value of accomplice evidence.
Who is an accomplice ? Is an accomplice a competent witness under the Act ?
RES GESTAE
Explain the rule of res gestae borrowed from the English Law and incorporated under Section 6
of the 1. Indian Evidence Act.
Res Gestae means "things done including words spoken, forming part of the same transaction
Explain section 6 of the Indian Evidence Act.
Explain the doctrine of res gestae under the Indian Evidence Act with relevant case laws
Discuss proof of similar facts showing existence of state of mind, state of body or bodily feelings.
Explain things said or done by conspirator in reference to common design under the Indian
Evidence Act
disclosure of communication between husband and wife b) communication between client and
professional legal adviser
Discuss the relevancy of motive, preparation and conduct under the Indian Evidence Act.
Admission plays a very important part in judicial proceedings'. Explain
Evaluate the evidentiary value of the admission. Write a note on the persons who can give
admissions.
Explain judgements of court of justice when relevant.
Who is an expert ? State under what circumstances expert opinion is relevant and value of
expert opinion under the Indian Evidence Act
CONSPIRACY
What is conspiracy? Critically discuss the law relating to proof of conspiracy with the help of case
laws.
What is the conspiracy? Critically analyse the rule of evidence relating to the offence of
conspiracy
Define conspiracy? Critically discuss the law relating to proof of conspiracy with the help of case
laws
What is plea of Albi? Explain the law relating to plead of Albi
Confession is caused by inducement, threat, or promise when irelevant to criminal procecedings.
Explain
Critically evaluate the law relating to exclusion of oral evidence by documentary evidence by
documentary evidence
Fact b) Proof of custom
Facts necessary to introduce fact in issue b. Proof of custom
Fact and Evidence b. Document and Fact in Issue
Discuss the relevancy of judgements under the Indian Evidence Act.
Law of evidence permits a witness to state the facts, but not his inference. Discuss when opinion
of third person is relevant under the Indian Evidence Act.
Order of examination. b) Impeaching the credit of witness under the Indian Evidence Act.
Facts even though they are not in issue but become relevant because they are so connected as
to form part of the same transaction. Explain.
Anything said, done or written by one conspirator shall be binding on the other conspirators.
Discuss.
Opinions of third person not relevant in any given case except of those possessing special skills.
Explain.
Discuss the provisions under the Indian Evidence act with respect to relevancy of Judgment
Examine the relevancy of facts forming part of same transaction with relevant case law
May presume . b) Commusication during Marriage
Section 60 imposes a duty on the court to exclude all oral evidence that is not direct. Explain and
state the exceptions.
.Discuss the following a) Impeaching credit of witness b) refreshing memory c) Leading
questions.
When facts forming motive, preparation and conduct become relevant?
