Scribd
Upload
12 views3 pages

Law of Evidence

The document outlines the Law of Evidence, detailing definitions, types of evidence, and relevant provisions under the Indian Evidence Act. It covers topics such as presumptions, relevancy of facts, modes of proof, and the roles of witnesses, including privileged communications and examination procedures. Additionally, it discusses the burden of proof, estoppel, and the admissibility of various types of evidence in legal proceedings.

Uploaded by

bev74938
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
12 views3 pages

Law of Evidence

The document outlines the Law of Evidence, detailing definitions, types of evidence, and relevant provisions under the Indian Evidence Act. It covers topics such as presumptions, relevancy of facts, modes of proof, and the roles of witnesses, including privileged communications and examination procedures. Additionally, it discusses the burden of proof, estoppel, and the admissibility of various types of evidence in legal proceedings.

Uploaded by

bev74938
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

LAW OF EVIDENCE

1. Introduction: UNITS: 05

Definition, kinds of evidence, Fact, Facts in issue, proved, not proved, disproved, relevant.

a) Facts which are occasion, cause or effect of facts in issue. b) Motive, preparation, conduct.
a) Primary Evidence b) Secondary Evidence c) Cases in which secondary evidence is admissible.

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.

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 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.

4. Proof: UNITS: 03

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

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.

8. Ambiguous documents UNITS: 01

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.

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.

11. Witness UNITS: 01

Witness must be a witness of fact but not of opinion - Explain and state when expert's opinion is
relevant.

a) Dumb Witness b) Accomplice c) Hostile Witness

12. Privileged Communications UNITS: 02

a) Communications during marriage b) Professional communication.

What is privileged communication? Explain various privileged communications recognized under Indian
Evidence Act

13. Examination of witness UNITS: 01

a) Examination in Chief b) Cross examination and c) Re-examination

Explain the order of examination. When leading questions can be asked?

a) Order of examination b) meaning of leading questions when they may be asked when they may not be
ásked

14. Improper admission or rejection of evidence UNITS: 01

Extra

Explain "things done including words spoken, forming a part of the same transaction" with relevant case
laws.
Explain when anything said, done or written by one conspirator is'admissible against other?

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..

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.

Where a party's character is in issue, whether in civil or criminal case, evidence of character is relevant.
Explain.

Discuss the rule against hearsay under the Indian Evidence Act

Who is an accomplice ? Is an accomplice a competent witness under the Act ?

When facts forming motive, preparation and conduct become relevant?

When Character is relevant ünder Indian Evidence Act?

Character includes both reputation and disposition discuss character when relevant under the Indian
Evidence Act.

Who is an accomplice? Examine the evidentiary value of accomplice evidence.

Explain the rule of res gestae borrowed from the English Law and incorporated under Section 6 of the 1.
Indian Evidence Act.

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

You might also like