Study Material

Law Of Evidence

(A) Main Features of Indian Evidence Act, 1872

  • Other Acts deals with evidence (C.P.C & Cr.P.C.)
  • Extent and Applicability

(B) Fact—(see-3 to5)

  • Evidence –oral and documentary, circumstantial and direct evidence Presumption – (sec-4)
  • Witness
  • Appreciation of evidence

(C) The doctrine of RES-GESTAE-(sec.6, 7, 8, 9)

  • Evidence of common intention – (sec-10)

(D) Relevancy of ‘otherwise’ irrelevant facts –  (sec-11, 12)

  • Relevance facts for proof of costumes-(sec-13)
  • Fact concerning bodies and mental state-(sec-14, 15)

(E) Admission and confession

  • General principles concerning admission – (sec 17-23)
  • Different between ‘admission’ and ‘confession’
  • Non admissibility of confession caused by inducement threats or promise – (sec-24)

(F) Inadmissibility of confession made before  police (sec-25)

  • Admissibility of custodial confess (sec-26)
  • Admissibility of ‘information’ received from accused person in custody (sec 27, 28, and 29)
  • Confession by co-accused (sec -30)

(G) Dying declaration

  • Justification for relevance on dying declaration (sec-32)
  • Judiciary standard for appreciating of evidentiary value of dying declarations

(H) Statement made under special circumstances- (section 34 to 39)

(I) Relevancy of judgments

  • General principles
  • Admissibility of judgments in civil and
  • criminal matters (sec-43)
  • Fraud and Collusion (sec-44)

(J) Expert opinion 

  • General principle
  • Who is an expert? Types of expert
  • Opinion on relationship especially proof of marriage (sec50)
  • The problems of judicial defence to expert testimony

 (K) Oral and Documentary Evidence

  • General principals of Concerning Oral evidence (sec. 59, 60)
  • Documentary Evidence (sec 67-90)
  • Principles regarding exclusion of Oral by Documentary evidence-(sec. 91 to 100)

 (L) Burden of Proof-

  • General Conception of Onus Probandi (sec-101)
  • General and Special Exceptions to Onus Probandi
  • Justification as to Dowry Death (sec 113-B)
  • The Scope of the Doctrine of Judicial Notice (sec. 114)

(M) Estoppels

  • Estoppel, the rational (sec-115)
  • Tenancy and bill of exchange Estoppels (sec-116)
  • Estoppel, res judicata and promissory estoppels
  • Witnesses

(N) Approval testimony (sec-133)

  • Examination and CrossExamination (sec-135, 136)
  • Leading Question (sec-141143)
  • Lawful Question in CrossExamination (sec-146)
  • Compulsion to Answer Question Put to Witness.
  • Hostile Witness (sec-154)
  • Impeaching of the Credit of Witness (sec-155)
  • Improper Admission and Rejection of Evidence (sec-167)

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