Bharatiya
Sakshya
Adhiniyam
For
MJPRU / GJUM / CCSU / MSU / Others
Unit I: Introduction and Foundational Concepts of Evidence
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Nature, Scope, and Relationship of Law of Evidence with Substantive and Procedural Laws
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Definitions: Court, Fact, Relevant Fact, Fact in Issue, Document, Evidence (Oral and Documentary)
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Core Concepts: Proved, Disproved, Not Proved
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Presumptions: May Presume, Shall Presume, Conclusive Proof
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General Principles of Relevancy and Admissibility
Unit II: Principles of Relevancy I: Direct and Circumstantial Evidence
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Doctrine of Res Gestae (Facts forming part of the same transaction)
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Facts which are the Occasion, Cause or Effect of Facts in Issue
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Motive, Preparation and Previous or Subsequent Conduct
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Conspiracy and Statements by Conspirators
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Plea of Alibi
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Facts necessary to explain or introduce relevant facts
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When facts not otherwise relevant become relevant
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Circumstantial Evidence
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Facts showing Existence of State of Mind or Body or Bodily Feeling
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Facts bearing on Question whether Act was Accidental or Intentional
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Existence of Course of Business
Unit III: Principles of Relevancy II: Special Categories of Facts
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Admissions: Definition, Who can make admissions, Evidentiary Value
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Confessions: Definition, Types, Admissibility, Confession to Police, Confession leading to Discovery (Sec. 27)
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Dying Declaration: Conditions for Admissibility, Evidentiary Value
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Relevancy of Judgments of Courts
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Opinion of Third Persons: Experts (Science, Art, Foreign Law, Digital Signature), Handwriting, Customs, Usages, Relationship
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Relevancy of Character and Conduct of Parties (Civil and Criminal cases)
Unit IV: Facts Not Requiring Proof and Means of Proof
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Facts which need not be proved: Judicial Notice, Facts Admitted
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Oral Evidence: Proof of Facts by Oral Evidence, Direct Evidence Rule
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Documentary Evidence: Primary and Secondary Evidence, Public and Private Documents, Proof of Documents
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Presumptions as to Documents and Electronic Records
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Admissibility of Electronic Evidence
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Exclusion of Oral Evidence by Documentary Evidence
Unit V: Burden of Proof and Estoppel
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Burden of Proof: General Principles, On Whom Burden Lies, Burden of Proving Particular Facts (e.g., death, relationship, ownership)
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Estoppel: Principles of Estoppel by Representation, Estoppel of Tenant and Licensee, Estoppel of Acceptor of Bill of Exchange, Bailee
Unit VI: Witnesses and Examination Procedure
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Competency and Compellability of Witnesses: Who may testify, Judges and Magistrates, Dumb Witnesses
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Privileged Communications: Marital, Professional, State Affairs, Official Communications, Title Deeds, Private Privileges
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Examination of Witnesses: Order of Production and Examination, Examination-in-Chief, Cross-Examination, Re-Examination
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Leading Questions, Questions Lawful in Cross-Examination
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Impeaching the Credit of Witness, Corroboration of Evidence, Refreshing Memory
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Accomplice Examination of Witnesses
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Production of Documents by Witnesses
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