Law of Evidence
Indian Evidence Act, 1872.
1. Preliminary : Application of Indian Evidence Act, Definition : Court fact-fact in issue and relevent fact, evidence-meaning and its kinds, proved, disproved, not proved, may presume, shall presume, and conclusive proof. Presumptions of fact and law, presumptions regarding documents.
Relevancy of facts: Explaninig-Res-gestae, occasion, cause, effect motive, intention, preparation, previous and subsequent conduct, introductory and explanatory facts and otherwise relevant become relevant accidental and incidental facts.
Facts which need not be proved improp admission and rejection of facts.
2. Admission and Confession:
a. Admission : Definition, whose admission is relevant, relevancy of admission in civil cases, admission is not conclusive proof, admission as an estoppel.
b. Confession: Definition, its kinds, confession caused by inducement threat or promise confession to police office confession in the custody of police confession to Magistrate, confession by co-accused.
c. Difference between admission and confession Relevancy of statements:
d. Statements by persons who cannot be called as withess.
e. Statements made under special circumstances.
f. Relevancy of judgment of a Court of Law.
g. Opinions of third person.
h. Opinions of experts.
i. Relevancy of character.
3. evidence : Oral evidence, documentary evidence, kinds of documentary evidence, when secondary evidence is relevant, public and private document.
Exclusion of oral evidccnce; by documentary evidence; Application of this principle its exceptions, ambiguous documents. kinds of ambiguity.
Burden of Proof : Meaning, general principles of burden of proof in civil and criminal cases adn exceptions to it. When burdenof proof shifts. proof of legitimacy of child proof in dowry deaths and in the maters of rape.
4. Estoppel: Meaning essentials nature and its kinds.
witness: Competency of witness, when persons can be compelled to appear as witnessen privileged communications and documents accomplice, hostile witness.
5. Examination of witnesses: Order of examinations, kind of examination leadings question, impeaching the credit of witness questions which can and which cannot be asked, refreshing the memeory of witness production of document, Judge's power to put questions and to order production. Effect of improper acceptance or rejection of evidence.
Leading Cases :
1. Nishi Kant Jha v. State of Bihar, AIR 1969 SC 422.
2. Himachal Pradesh Adminishtration v. Om Prakash,AIR 1972 SC 975.
3. Sat Paul v. Delhi Adminishtration, AIR 1976 SC 294.
4. Laxmipat Chorasia v. State of Maharashtra, AIR 1968 Sc 938.
5. Pakala Narayan Swami v. Emperor AIR 1939 PC 47.
6. Bhardwada Bhogin Bhan Heerji v. State of Gujarat, AIR 1988 SC 753.
7. R.M. Malkani v. State of Maharashtra, AIR Sc 157.