Annexure ‘CD – 01’

UTTAR PRADESH

FORMAT FOR COURSE CURRICULUM

L T P/ SW/ No. TOTAL

S FW of CREDIT
PS UNITS
Course Title: BHARATIYA SAKSHYA ADHINIYAM DA
3 - - 2 1 4
Credit Units: 4

Course Level:UG Course Code: To be generated

Course Objectives:

The objective of the course is to provide students with a comprehensive understanding of evidence, forms of evidence, their sources and admissibility. This
course aims to equip students with the foundational knowledge and practical skills necessary to effectively handle and evaluate evidence in legal proceedings.
Students will learn the principles and applications of evidence law, including the identification and admissibility of different types of evidence, the significance
of forensic evidence, and the development of logical and analytical legal reasoning. Through a combination of theoretical instruction and practical training,
including case studies, court visits, and forensic lab interactions, students will be prepared to construct coherent legal arguments and apply evidence law
proficiently in real-world scenarios.

Pre-requisites:
Students should have a thorough understanding of The BHARATIYA NYAYA SANHITA, 2023 and The NAGARIK SURAKSHA SANHITA, 2023. Apart
from this a foundational understanding of the general principles of law, including constitutional law, administrative law, and the functioning of the judiciary, is
crucial. This ensures that students can contextualize the rules of evidence within the broader legal framework. Students should possess strong critical thinking
and analytical skills to evaluate evidence, construct legal arguments, and analyze judicial decisions. A basic understanding of forensic science and its
applications in criminal investigations can be beneficial, given the course’s emphasis on the evidentiary value of forensic evidence such as DNA tests and
narco-analysis.

Course Contents/Syllabus:
Weightage (%)
Module I Definitions and Relevancy of Facts 20

Evidence and its relationship with the substantive and procedural laws; Definitions: Facts, facts in issue, relevant,
evidence proved, disproved, not proved, oral and documentary evidence; Relevancy and admissibility; Doctrine of res
gestae; Conspiracy; Facts not otherwise relevant (Plea of Alibi) (Sec 1 to 14); Factum Probandum and Factum Probans;
Best Evidence Rule; Circumstantial Evidence & their importance

Module II Admissions, confessions and statements by person who cannot be called as witnesses 30
Definition of admission, who can make admissions by or on their behalf, proof of admission against the persons making
them and admissions in civil cases. (Sec 15-21, 25); Definition, relevance and consideration of confessions (Sec 22-24);
Dying declaration (Sec 26-27); Statements made under Special Circumstances (Sec 28-32); Relevancy of Judgement
(Sec 33, 34- 38); Opinion of Third Persons, Importance of Forensic evidence, Evidentiary value of DNA tests and
Narco-Analysis (Sec. 39-45) & Character Evidence (Sec. 46-50).

Module III On Proof and Documentary Evidence 15

Facts which need not be proved (Sec 51-53); Oral Evidence (Sec 54-55); Documentary Evidence-Primary and
Secondary Evidence, Proof and verification of documents; Public documents and presumption as to documents (Sec 56-
93); Exclusion of Oral by Documentary Evidence with Exceptions (Sec 94-95); Ambiguous Documents (Sec 96-103).
 Module IV Production and Effect of Evidence 20
Burden of proof (Sec 104-120); Estoppels (Sec 121-123)); Competence of witnesses (Sec 124-127,139); Privileged
Communications (Sec 128- 137); Accomplice (Sec 138)

Module V: Examination of Witnesses and Rejection of evidence 15

Examination –in-chief: Cross Examination, Re-examination; Leading questions; Hostile witnesses; Refreshing
memory; Judge’s power to put questions or order production (Sec 140-168); Rejection of Evidence (Sec 169)

Course Learning Outcomes:

This course aims to ensure a progressive development of cognitive skills among students, from basic understanding to the ability to evaluate and
create complex legal arguments related to evidence. It provides a comprehensive structure to equip students with a deep understanding of the Laws
related to Evidence, its principles, practical applications and towards that, student is expected to:

1. Define the key terms and concepts in THE BHARATIYA SAKSHYA ADHINIYAM, including facts, relevant evidence, admissibility, and oral and
documentary evidence.
2. Use the Best Evidence Rule and other principles to identify the appropriate evidence required for proving facts in issue.
3. Differentiate between primary and secondary evidence, and evaluate their significance and admissibility in legal proceedings.
4. Analyze the evidentiary value of forensic evidence, including DNA tests and narco-analysis, in the context of legal admissibility.
5. Formulate legal arguments based on the analysis of admissions, confessions, and statements made under special circumstances.
 6. Critically evaluate the credibility and reliability of witnesses and the evidence they provide, including the assessment of hostile witnesses and leading
questions.
7. Judge the adequacy and sufficiency of documentary evidence in light of legal standards, including the exclusion of oral evidence by documentary
evidence and the handling of ambiguous documents.

Pedagogy for Course Delivery:

 E- Content of every topic will be made available to students before lecture session.
 For course delivery we use Lecture & discussion-based applications to the students in order to make them aware about the subject.
 Case Studies are preferred so that they can raise their different issues with regard to the respective laws.
 Project in the form of Content/ Case study is assigned to each student individually.
 PSDA activities (in Group) are assigned for self-work, field work and Practical training.

List of Professional Skill Development Activities (PSDA):

1. Court visits to learn Examination Process (Report Submission)

2. Case study/ Mock Trials.
3. Visit to Forensic Lab. (Report Submission)
4. Interaction with Stakeholders/Workshops

Lab/ Practical details, if applicable: N/A

List of Experiments:

Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%)

100% N/A

Theory Assessment (L&T):

Components (Drop Class Test PSDAs PSDAs PSDAs Attendance End-term
down) Examination
Project Proposals Reports Viva

Weightage (%) 10% 5% 10% 10% 5% 60%

Lab/ Practical/ Studio Assessment:

Continuous Assessment/Internal Assessment End Term
Examination
(____ %)
(____ %)

Components (Drop NA NA NA NA NA NA NA
down

Weightage (%) NA NA NA NA NA NA NA
 Mapping of Continuous Evaluation Components with CLOs

Bloom’s Understand Application Analysis Evaluation Creation

Level > ing

Course CLO1 CLO2 CLO3 CLO6 CLO5

Learni
ng Define the Use the Best Differentiate between Critically evaluate the credibility and Formulate legal
Outco key terms Evidence Rule and primary and reliability of witnesses and the arguments based on the
mes and concepts other principles to secondary evidence, evidence they provide, including the analysis of admissions,
in the Law and evaluate their assessment of hostile witnesses and confessions, and
identify the
of Evidence, significance and leading questions. statements made under
including appropriate admissibility in legal special circumstances.
facts, evidence required proceedings
relevant for proving facts in
CLO7
evidence, issue.
admissibility Judge the adequacy and sufficiency
CLO4
, and oral of documentary evidence in light of
and Analyze the legal standards, including the
documentary evidentiary value of exclusion of oral evidence by
evidence. forensic evidence, documentary evidence and the
including DNA tests handling of ambiguous documents.
and narco-analysis, in
the context of legal
admissibility.
Assessment
type/PSDA

Class Test 

PSDA     
Project
Proposals

PSDAs     
Reports

PSDAs Viva     
Text Reading:

 Taxmann’s BHARATIYA SAKSHYA ADHINIYAM 2023

 BHARATIYA SAKSHYA ADHINIYAM, 2023 by LexisNexis
 New Criminal Laws in India: Complete Guide by LexisNexis
 The Law of Evidence" by Ratanlal & Dhirajlal
 The Indian Evidence Act" by Dr. Avtar Singh
 Principles of Law of Evidence" by Vepa P. Sarathi
 Modern Indian Evidence Law" by S. R. Myneni
 Lectures on the Law of Evidence" by J. K. Soonavala
 Recent Amendments in Indian Evidence Law: An Overview of THE BHARATIYA SAKSHYA ADHINIYAM, 2023
 The Evolution of Evidence Law in India: From the Indian Evidence Act to The BHARATIYA SAKSHYA ADHINIYAM, 2023
 Challenges and Opportunities in Implementing THE BHARATIYA SAKSHYA ADHINIYAM, 2023

References:
 THE BHARATIYA SAKSHYA ADHINIYAM, 2023
 Criminal Law Amendment Acts

Additional Reading:
 Papers/ Articles in Scopus Indexed or UGC approved Journals