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LAW OF EVIDENCE

[Semester- VII (A,B&C)]

Introduction of the course


In every civilized legal system we can classify the laws in two categories 1. Substantive Law 2.
Procedural laws. The Law of evidence is one of the most important part of the procedural law. The law
of evidence plays a very important role in the effective functioning of the judicial system.The law of
evidence is an indispensable part of both substantive and procedural laws. It impartscredibility to the
adjudicatory process by indicating the degree of veracity to be attributed to 'facts'before the forum.
This paper enables the student to appreciate the concepts and principlesunderlying the law of evidence
and identify the recognized forms of evidence and its sources. Thesubject seeks to impart to the
student the skills of examination and appreciation of oral anddocumentary evidence in order to find
out the truth. The art of examination and cross-examination, and the shifting nature of burden of proof
are crucial topics. The concepts brought in by amendmentsto the law of evidence are significant parts
of study in this course.

MODULE-I:Central Conceptions in Law of Evidence:


Definition
Presumption
Relevancy and admissibility

MODULE – II

Doctrine of res gestae

Conspiracy

Plea of alibi
Other relevant fact (Section7, 8,9,12, 13, 14, 15, 16,34, 42,43 and 44)

MODULE-III
Admission

Confessions 28-31

MODULE – IV

Dying Declaration

Relevancy of certain evidence for proving the truth of facts in subsequent proceeding (section 33)

MODULE-V
Expert Testimony
Opinion of third person
Character when relevant

MODULE-VI
Oral, documentary, primary and secondaryevidence(Section 59- 65)
Public and private documents
Presumption (Section 79, 80, 85, 85A, 85B, 85C, 88A, 90 And 90A)
Exclusion of oral by documentary evidence

Ambiguous documents

MODULE-VII
Burden of Proof
Estoppel

MODULE –VIII

Witnesses

Privileged Communications

Accomplice

MODULE-IX
Examination of witnesses (section 136-140, 143-153 and 155)
Leading questions (Section 141,142)

Hostile witness (Section 155)


Refreshing Memory (Section 159)

Prescribed Books:
1. Indian Evidence Act, (Amendment up to date)
2. Sarkar and Manohar, Sarkar on Evidence (1999), Wadha& Co., Nagpur

3. Ratan Lal, Dhiraj Lal: Law of Evidence (2006, Wadhwa, Nagpur


4. Polein Murphy, Evidence (5th Edn. Reprint 2000), Universal, Delhi.
5. Avtar Singh, Principles of the Law of Evidence (1992), Central Law Agency, New
6. Vepa P. Sarathi, Law of Evidence (6th ed., 2006)
7. M. Monir, Law of Evidence (14th ed., 2006)
Prescribed Legislation:
1. The Indian Evidence Act, 1872
2. Indian Penal Code 1860
3. Civil Procedure Code 1908
4. Criminal Procedure Code 1973

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