5th Semester LLB Unitary - Law of Evidence - Notes, Question Papers and Syllabus
Law of Evidence
Subject shall be taught by incorporating the Indian Evidence Act, 1872, Bharatiya Sakshya Adhiniyam, 2023 (BSA), relevant laws and amendments, case laws, and recent developments.
Unit I
Meaning, nature, and scope: Definition under Indian law, relevance in judicial proceedings, historical evolution of evidence law in India. BSA: Recent amendments and interpretations, with emphasis on digital evidence.
Unit II
Relevance and admission of evidence - hearsay and exceptions: Definition, rationale, and res gestae inclusion - inclusion of digital communications under res gestae and video-recorded dying declarations - application of judicial and extra-judicial confessions, conditions of voluntariness - dying declarations and relevant statements: standards for admissibility, including digital declarations under BSA - relevancy of court judgments, expert opinion, and character evidence under BSA guidelines.
Unit III
Facts not requiring proof: Judicial notice and recognition of commonly accepted facts - kinds of evidence: oral, documentary, direct, circumstantial, real, and personal evidence - BSA expansions: inclusion of digital contracts, blockchain records, and real-time evidence (e.g., video surveillance). Admissibility: Distinction between primary and secondary evidence; provisions on admitting electronic records, cyber evidence, and recorded communications.
Unit IV
Burden of proof: Principles of burden in civil and criminal cases, shifting burden, and presumption of innocence with specific exceptions - compellability of witness - privileged communication - examination of witness. Estoppel: Application of estoppel in evidence and contractual disputes - burden in financial fraud and digital evidence cases - rules relating to estoppel for digital transactions. Improper admission and rejection of evidence.
Unit V
Pre-trial evidence: Rules on pre-trial discovery, duty of disclosure, and penalties for non-disclosure under BSA. Evidence during trial: Sequence of evidence presentation (chief, cross, re-examination) and admissibility rules. Identity and identification: Identification procedures, including parades, biometric data, and facial recognition as per BSA.
Suggested Readings:
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Ratanlal – The Law of Evidence
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Woodroffe & Ameer Ali – The Law of Evidence
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Sarkar – Law of Evidence
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Basu – The Law of Evidence
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Avtar Singh – Law of Evidence
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Vepa P. Sarathi – Law of Evidence
Download Study Material And PYQ