EVIDENCE LAW (LLLB219L)
B.A., LL.B. (Hons.)/ B.B.A., LL.B. (Hons.)
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REVISION HISTORY
Sr No Date Details of Revision
1 12.12.2023 Baseline NAAC version
NOTES:
1. For defining course outcomes, ask yourself what the most important things a student
should know (cognitive), be able to do (skills), or value (affective) after completing the
course/program.
2. Checklist for each course outcome: is the learning outcome measurable? Is the learning
outcome student-cantered? Does the learning outcome match instructional activities and
Assessments?
3. Teaching-Learning strategies refer to an appropriate combination of Lectures, Case
Studies, Class Assignments, Solo Projects, Group Projects, MOOCs, etc.
4. Learning resources can include textbooks, case studies, research papers, videos, websites,
articles, etc.
5. Try to limit the number of modules to a reasonable number (typically 3-4 for a course
with three lecture hours per week, 4-5 for a course with four lecture hours per week)
6. Each course should have at least one section on textbooks or reference books. For the
foundation courses, it is mandatory to give textbooks. The textbooks shall be indicated as
in the examples given below:
a) Wayene Wolf, Modern VLSI Design: IP-Based Design (4th ed.), Prentice Hall,
2008. ISBN 978-0137145003, ISBN 0137145004.
b) Ivan Sutherland, Robert F. Sproull and David Harris, Logical Effort: Designing
Fast CMOS Circuits, Morgan Kaufmann, 1999. ISBN 978-1558605572, ISBN
1558605576.
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COURSE CONTEXT
SCHOOL School of Law VERSION NO. OF 1
CURRICULUM THAT THIS
COURSE IS A PART OF
DEPARTMENT Law DATE THIS COURSE WILL BE January, 2025
EFFECTIVE FROM
DEGREE B.A., LL.B. (Hons.)/ VERSION NUMBER OF THIS 2.0
B.B.A., LL.B. COURSE
(Hons.)
COURSE EVIDENCE PRE-REQUISITES CONSTITUTION OF INDIA,
TITLE LAW PROCEDURAL LAW
( CRIMINAL LAW AND CIVIL
LAW)
COURSE LLLB219L TOTAL CREDITS 4
CODE
COURSE CORE L-T-P FORMAT 4-1-0
TYPE
COURSE SUMMARY
Evidence law provides a dynamic set of principles, which annexed with other essential
factors in a case, including the rules of substantive law, the rule of procedure and the
substantive characteristics of many of the participants in the trial, through mock trials, help
comprehend the actual trials in courts. To make them understand that. a trial includes
understanding the judges perception and how opinions may be formed, how the advocates
skills, a Witness and a party's demeanor in court is influential in the trials, the credibility of a
person who is called as a Witness to depose before the courts, the credibility of a Witness,
affecting the case on trial and personality traits of various persons involved in the trial forms
a part and parcel of the legal system, All of these factors ultimately come together to make a
basis for the court's decision in a trial. This course will help the students as future lawyers to
understand, to prevent laxity and negligence in the presentation and Admissibility of
evidence. It introduces the students to a feel of the courts, and while practicing, how the rules
of procedure need to be followed as this law is both a part of the substantive and procedural
law in civil and criminal cases. This course develops understanding of fundamental concept
of Evidence and substantive and procedural provisions of Law of Evidence (Bharatiya
Sakshya Adhiniyam). Syllabus is in consonance with new (Bharatiya Sakshya Adhiniyam).
The course would be taught to encourage critical thinking and enable them to become better
and happier professionals enabling employability.
PROGRAM OUCOMES (POs)
PO1: Explain the social, economic, and political concerns and address them by the application
of laws and regulations.
PO2: Apply proficiency in legal skills, processes, procedures, transactional skills, and court
craft.
PO3: Interpret and analyze substantive and procedural laws.
PO4: Exhibit professionalism while performing their role in the justice delivery system.
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PO5: Promote bar and bench relationship through lifelong learning.
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PROGRAMME SPECIFIC OUTCOMES (PSOs)
PSO1: Support legal, social and community institutions through awareness and pro bono
initiatives
PSO2: Evaluate the socio-legal gaps and advocate the measures for upholding the rule of
Law.
COURSE OUTCOMES (COs)
By the end of this program, students shall be able to:
CO1: Understand the basic principles of the law of evidence.
CO2: Apply the basic principles of law of evidence.
CO3: Analyze the distinctions between different forms of evidence.
CO4: Evaluate the functioning of the adversarial system in India.
CO5: Develop insights of the evidentiary process in civil and criminal trial
COURSE ARTICULATION MATRIX
PO1 PO2 PO3 PO4 PO5 PSO1 PSO2
CO1 1 1 - - - - -
CO2 2 - 3 - - - 2
CO3 2 - - - 1 3
CO4 - 3 3 - 2 - -
CO5 - - 3 2 - - 1
3= High, 2= Medium, 1 = Low
MODULES & CO MAPPING
MODULES TOPICS COURE LECTURE
OUTCOMES HOURS
I INTRODUCTION AND GENERAL CO1 10
CONCEPTS OF EVIDENCE
Concept of Evidence
The fundamental principles of law of
evidence.
Nature and purpose of law of evidence
in civil and criminal cases.
Definitions
Distinction between Proved, Disproved
& Not Proved.
Distinction between May Presume,
Shall Presume & Conclusive Proof.
Division of evidence – Direct, Indirect,
Real, Personal, Original, Hearsay,
Primary, Secondary, Oral,
Documentary, Judicial & Extrajudicial.
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II RELEVANCY & ADMISISSIBILITY OF CO2, CO3 15
FACTS – I
Facts, distinction between relevant facts
and facts in issue, (Sec 3)
Doctrine of Res Gestae (Sec 4) (Sec 5 –
7)
Evidence of Common Intention – relating
to conspiracy (Sec 8)
Facts otherwise irrelevant when relevant.
(Sec 9)
Relevant facts for proof of custom. (Sec
11)
Facts concerning mental state or body
(Sec 12)
Admission (Sec 15-21, 25) and
Confession (Sec 22-24)
III RELEVANCY & ADMISSIBILITY CO3 15
OF FACTS – II
Statements by persons who cannot be
called as Witnesses (Sec 26-27)
Statements made under special
circumstances (Sec-28-32)
How much of a statement is to be proved
(Sec.33)?
Relevance of judgment (Sec.34-35)
Opinion of third person when relevant
(Sec.39)
Character when relevant (Sec 46-50)
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IV DOCUMENTARY EVIDENCE & BURDEN CO4 10
OF PROOF
Facts which need not be proved (Sec 51-
53)
Oral evidence (Sec 54-55)
Documentary evidence (Sec 56-73)
Presumptions as to documents (Sec 78-
93)
Exclusion of oral by documentary
evidence (Sec 94 – 103)
Burden of Proof (Sec 104 – 120)
Estoppel (Sec 121 -123)
V WITNESSES, PRIVILEGED CO4, CO5 10
COMMUNICATION AND
EXAMINATION OF WITNESSES
Who may testify (Sec 124-126)?
Judicial privileges (Sec 127)
Privileged Communication (Sec 128-
134)
Rules relating to production of title
deeds& documents or electronic records
(Sec 135 -136)
Accomplice and rules regarding
evidence of an accomplice (Sec 138)
Examination of witnesses (Sec 140 -168)
Appreciation of evidence
TEACHING-LEARNING STRATEGIES
The pedagogy for the course will involve a combination of methods aimed at building the legal
knowledge, perspective / value orientation and skills that are requisite for a productive
engagement with law as lawyers as well as understanding the perspectives of public policy and
reasoning. The methods used will be interactive and involve honing practical skills and
perspective building. These include
Lectures with power point presentations
Participatory and reflective learning through discussions
Flipped Class
Guided reading and critical reflection of articles
Deliberations through group work
Audio-visual clips and
Debates.
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STUDIO WORK / LABORATORY EXPERIMENTS
Nil
EVALUATION STRATEGY
S. No. Component Percentage Course Outcomes
Distribution
1 Internal Assessment 25% CO1, CO2, CO3, CO4, CO5
2 Mid-term 25% CO1, CO2, CO3
3 End-term 50% CO1, CO2, CO3, CO4, CO5
Note: PaSec marks 50% of the final Grade
LEARNING RESOURCES
Bare Acts
Bharatiya Sakshya Adhiniyam 2023
The Indian Evidence Act 1872
The Code of Criminal Procedure,1973
The Indian Penal Code, 1860
Suggested Readings
Text Books:
Abhinandan Malik, Vepa P. Sarathi’s Law of Evidence, (8th ed.), Eastern Book
Company, 2021, ISBN: 978-9389656190
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References:
V Nageswara Rao, The Indian Evidence Act, (3rd ed.), Lexis Nexis, 2019, ISBN: 978-
9388548205
M. Monir, Textbook on the Law of Evidence, (11th ed.), Universal Law Publishing,
2018, ISBN: 978-9386515124
Shakil Ahmad Khan, Ratanlal & Dhirajlal’s The Law of Evidence (26th ed.), Lexis
Nexis, 2017 ISBN: 978-8131251614
Relevant Cases
Aghnoo Nagesia v. State of Bihar, AIR 1966 SC 119
Badri Rai v. State of Bihar, AIR 1958 SC 953
Bhuboni Sahu v. The King, AIR 1949 PC 257
Bishwanath Prasad v. Dwarka Prasad, AIR 1974 SC 117
Dipanwita Roy v Ronobroto Roy. AIR 2015 SC 418\
Goutam Kundu v. State of West Bengal, AIR 1993 SC 2295
Haroon Haji Abdulla v. State of Maharastra, AIR 1975 SC 856
Haroon Haji Abdulla v. State of Maharastra, AIR 1975 SC 856.
Jayantibhai Bhenkerbhai v. State of Gujarat (2002) 8 SCC 165
Khushal Rao v. State of Bombay, AIR 1958 SC 22
Laxman v. State of Maharashtra (2002) 6 SCC 710
Madhuri Patel v. Addl. Commissioner, Tribal Development, AIR 1995 SC 94
MC Vergheese v. T.J. Ponnan, AIR 1970 SC 1876
Mirza Akbar v. Emperor, AIR 1940 PC 176
Mohd. Khalid v. State of W.B. (2002) 7 SCC 334
R. S. Maddanappa v. Chandramma (1965) 3 SCR 283 114
Ravinder Singh v. State of Haryana, AIR 1975 SC 856
Sanatan Gauda v. Berhampur University, AIR 1990 SC 1075
State of Bihar v. Laloo Prasad (2002) 9 SCC 626
State of Maharashtra v. Prafulla B. Desai (Dr.) (2003) 4 SCC 601
State of U.P. v. Raj Narain, AIR 1975 SC 865
State of U.P. v. Raj Narain, AIR 1975 SC 865
Sudhakar v. State of Maharashtra (2000) 6 SCC 671
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