5th Semester Integrated BBA LL.B (Hons) - 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, Amendments, Case Laws, And Recent Developments.
Unit I
Meaning – Nature – 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 – Res Gestae Inclusion – Inclusion Of Digital Communications Under Res Gestae And Video-Recorded Dying Declarations – 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 – Character Evidence Under BSA Guidelines.
Unit III
Facts Not Requiring Proof – Judicial Notice – Recognition Of Commonly Accepted Facts – Kinds Of Evidence: Oral, Documentary, Direct, Circumstantial, Real And Personal Evidence – BSA Expansions: Digital Contracts, Blockchain Records, Real-Time Evidence (Video Surveillance) – Admissibility: Distinction Between Primary And Secondary Evidence – Provisions On Electronic Records, Cyber Evidence, And Recorded Communications.
Unit IV
Burden Of Proof – Principles In Civil And Criminal Cases – Shifting Burden – Presumption Of Innocence And Exceptions – Compellability Of Witnesses – Privileged Communication – Examination Of Witness – Estoppel: Application In Evidence And Contractual Disputes – Burden In Financial Fraud And Digital Evidence Cases – Estoppel In Digital Transactions – Improper Admission And Rejection Of Evidence.
Unit V
Pre-Trial Evidence – Discovery – Duty Of Disclosure – Penalties For Non-Disclosure Under BSA – Evidence During Trial: Chief, Cross, Re-Examination – Admissibility Rules – Identity And Identification: Procedures Including Parades, Biometric Data, And Facial Recognition Under BSA.