COURSE MANUAL

LAW OF EVIDENCE

Course Instructors

SEMESTER III
August-November, 2020

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 OP JINDAL GLOBAL UNIVERSITY
Jindal Global Law School
LL.B., B.A.LL.B.
Law of Evidence

Course Title LAW OF EVIDENCE

Course Number LW1304_______________________________

Course Duration One Semester

No. of Credit Units FOUR

Level: LL.B., B.A.LL.B._________________________

Medium of Instruction ENGLISH

Pre-requisites Nil

Pre-cursors Nil

Equivalent Courses Nil

Exclusive Courses __________ Nil_________________________________

COURSE AIMS

This course is
 An introductory course on law of evidence which is one of the most fundamental
branches of law.
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 An elementary course aiming at developing the capabilities to understand and apply
the general principles of relevancy and admissibility.
 Structured in a fashion so as to encourage the students to appreciate the underlying
principles of law of evidence. The course serves a dual purpose- One, to technically
equip students to be able to read the legal text and apply the same in actual cases.
Second, the course aims to scrutinize certain areas of evidence critically so as to
infuse the spirit of questioning and law reforms.
 By no means exhaustive in its scope. It only covers certain selected principles and a
selection of sections primarily, but not only, of the Indian Evidence Act, 1872 (IEA)
so as to provide a taste of this subject to strengthen your basics for your future legal
career.
 Due to the limitation of time certain topics are added to be discussed only
elementarily in the class. The purpose for this is an attempt to at least cover maximum
possible areas that may accost the students in their professional career.
 An attempt will be made to understand the controversies that are a part and parcel of
evidence law along with a careful study of bare act.

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COURSE INTENDED LEARNING OUTCOMES

LEARNING OUTOMES
The Indian Evidence Act, 1872 is a long piece of legislation that codifies the rules of
evidence. Because of the length of this legislation it is impossible to cover every single rule
or even set of rules codified in this law in one single semester. Therefore, only the leading
principles will be covered. However, a detailed discussion of all the leading principles that
will be covered will provide the students to have a good theoretical and working knowledge
of the Indian Evidence Act, 1872 and will equip them to study the subject on their own.
The stress in this course will be on examining the judicial precedents where these principles
have been subject to judicial scrutiny and interpretation. Thus, a detailed and in-depth
discussion of high watermark Supreme Court decisions will be undertaken. We will begin
with basic discussion on the provisions of law and jump head on into the judicial precedents
examining extremely closely the facts of the case and how the principle of law was applied.
We will try to isolate the standard used by the Court to work the principle. After that we will
read the provision of law once again. In this way, we will understand not just the text of rule
as laid down in the law but the true standard by which the rule is worked in practice.
By the end of this course the students would –
 Have a good understanding of the elementary principle of the Law of Evidence as laid
down in the Indian Evidence Act, 1872
 Have a good understanding of working of the important provisions of the Indian
Evidence Act, 1872
 Have a basic understanding of the engineering of the Indian Evidence Act, 1872
 Have a good understanding of the leading cases where important provisions of the
Indian Evidence Act, 1872 have been interpreted by the Supreme Court of India and
the doctrine of the Court in this particular area of law

GRADING OF STUDENT ACHIEVEMENT

To pass this course, students must obtain a minimum of 50% in the examination. End of
semester exam will be in the form of a traditional three-hour written exam.

Letter Grade Total Course Grade Definitions

Grade Value Marks
(50 for exam, 25

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 for essays & 25 for
tutorials)
O 7 80 and above Outstanding Sound knowledge of the subject matter,
excellent organizational capacity,
ability to synthesize ideas, rules and
principles, critically analyse existing
materials and originality in thinking and
presentation.
A+ 6 75 to 79 Excellent Sound knowledge of the subject matter,
thorough understanding of issues;
ability to synthesize ideas, rules and
principles and critical and analytical
ability.
A 5 70 to 74 Good  Good understanding of the subject
matter, ability to identify issues and
provide balanced solutions to problems
and good critical and analytical skills.
B+ 4 65 to 69 Adequate Adequate knowledge of the subject
matter to go to the next level of study
and reasonable critical and analytical
skills.
B 3 60 to 50 Marginal Limited knowledge of the subject
matter and irrelevant use of materials
and, poor critical and analytical skills.
F 0.0 Below 50 Failure Poor comprehension of the subject
matter; poor critical and analytical skills
and marginal use of the relevant
materials. Will require repeating the
course.

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KEYWORD SYLLABUS

Indian Evidence Act – Theory of Relevancy – Admission – Confession – Dying

Declaration – Burden of Proof – Documentary Evidence – Oral Evidence – Expert
Evidence – Estoppel – Examination and Cross Examination of Witnesses – Privileged
Communication – Evidentiary Presumptions

DETAILED SYLLABUS
 Evidence as Facts: What facts are relevant- Distinction between relevancy and
admissibility. The best evidence rule: Exclusion of hear-say evidence and exceptions
to the rule of hearsay
 Systems of appreciating evidence – Inquisitorial and adversarial systems
 Models of criminal justice and evidence law: Due process model and crime control
model – Values underlying the two models of criminal justice- Malimath committee
report and its critical evaluation
 Res Gestae, conspiracy and dying declaration
 Confessions: Admission and confessions- confessions to the police and confessions
during police custody- recovery evidence and the extent of its admissibility
 Burden of proof and presumptions: Proof- meaning of conclusive proof – distinction
between criminal law and civil law regarding the nature of proof – presumption of
paternity etc.
 Privileged communications: rationale of excluding communications- communications
during marriage and state secrets etc.
 Role of judge in appreciating evidence: pro-active model of inquisitorial system and
judge as an impartial observer of adversaries under adversarial system.
 Evidence of accomplice: nature and scope of the evidence. Role of illustrations in
interpretation of law etc.

The syllabus is divided into 6 (six) Units as follows –

1. Unit I – Introduction
1.1 Introduction to Law of Evidence Generally
1.2 Introduction to the Indian Evidence Act, 1872 Specifically
2. Unit II – What Facts are Required to be Proved?
2.1 Part 1 – Theory of Relevancy
2.2 Part 2 – Admissions
2.3 Part 3 – Dying Declarations
2.4 Part 4 – Confessions
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 2.5 Part 5 – Approver’s Evidence
2.6 Part 6 – Constitutional Issues in Admissibility of Custodial Statements and
Confessions
3. Unit III – Who is required to prove those facts?
3.1 Burden of Proof
3.2 Evidentiary Presumptions
3.3 Drawing of Adverse Inferences
4. Unit IV – What kind of evidence is sufficient to prove these facts?
4.1 Part 1 – Documentary Evidence
4.2 Part 2 – Oral Evidence
4.3 Part 3 – Expert Evidence
4.4 Part 4 – Estoppel
4.5 Part 5 – Privileged Communication
5. Unit V – Witnesses
5.1 Witnesses in General
5.2 Examination and Cross Examination of Witnesses
5.3 Hostile Witnesses
5.4 Power of the Judge to call and examine a witness

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READINGS

Cases and Materials will be supplied to the students by the respective Course Instructors.
These cases and materials will be the primary reading materials for this course. The class
discussion will revolve around these Cases and Materials. The mid-term and the final exam
will also be based on these primary reading materials. In addition to the Cases and Materials
supplied for the reading, the students are free to refer to any text book on the Indian Evidence
Act, 1872 as they deem appropriate.
The students are expected to carry with them to the class a copy of the Indian Evidence Act,
1872 (Bare-Act) and the Cases and Materials that will be supplied by the Course Instructor.
The students are further expected to carefully read the prescribed portions of the Bare-Act
and the Cases and Materials.

Recommended Text-books

AVTAR SINGH, PRINCIPLES OF LAW OF EVIDENCE (LATEST EDITION)

CHIEF JUSTICE M MONIR, TEXTBOOK ON THE LAW OF EVIDENCE (LATEST EDITION)

VEPA P. SARATHI, LAW OF EVIDENCE

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LECTURE PROGRAMME

The following lecture schedule is tentative and may be revised by the instructor(s).

Teaching Week Lecture Title

1 Unit 1 – Introduction
 Introduction to Law of Evidence generally
 Introduction to the Indian Evidence Act, 1872 specifically
2 Unit II – What facts are required to be proved?
 Part 1 – Theory of Relevancy
3 Unit II contd.
 Part 2 – Admissions
 Part 3 – Dying Declarations
4 Unit II contd.
 Part 4 – Confessions
5 Unit II contd.
 Part 4 – Confession contd.
Unit III – Who is required to prove those facts?
 Part 1 – Burden of Proof
6 Unit III contd.
 Part 1 – Burden of Proof
 Part 2 – Evidentiary Presumptions
7 Unit III contd.
 Part 2 – Evidentiary Presumptions
8 Unit IV – Types of Evidence
 Part 1 – Documentary Evidence
9 Unit IV contd.
 Part 2 – Estoppel
 Part 3 – Oral Evidence
10 Unit IV contd.
 Part 3 – Oral Evidence
 Part 4 – Expert Evidence
11 Unit IV contd.
 Part 4 – Expert Evidence
 Part 5 – Privileged Communication

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12 Unit V – Witnesses
 Part 1 – Witnesses in General
13 Unit V contd.
 Part 2 – Examination and Cross Examination of Witnesses
14 Unit V contd.
 Part 3 – Power of a Judge to call and examine a Witness
15 Review

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 List of Cases and Materials
This list of cases is recommendatory in nature and subject to revision by individual course
instructors. Since every course instructor has his/her own individual style of teaching the
case list has been kept indicative (and not exhaustive) in order provide enough room to
individual course instructors to supplement this list by other readings/cases that they prefer to
use.

Theory of Relevancy
R.M. Malkani v. State of Maharashtra 1973 AIR 157
Poornal Mal v. Director of Inspection AIR 1974 SC 348 (5 Judge Bench)
State of Punjab v. Baldev Singh, AIR 1999 SC 2378 (5 Judge Bench)
Sushil Sharma v NCT of Delhi (2014) 4 SCC 317
Ronny v State of Maharashtra. 1998 3 SCC 1251.
Dhana v State of West Bengal (1994) 2 SCC 220.
Khagesh Gautam, The Unfair Operation Principle and the Exclusionary Rule: On the
Admissibility of Illegally Obtained Evidence in Criminal Trials in India, 27 INDIANA INT’L &
COMP. L. REV. 147-189 (2017). (available on Westlaw International and Heinonline).

Res Gestae
G. V. Rao v. State of Andhra Pradesh, AIR 1996 SC 2791

Test Identification Parade

Daya Singh v. State of Haryana, AIR 2001 SC 1188
State of Maharashtra v Suresh 2000 SCC (Cr.) 263
Dana Yadav vs State of Bihar 2002 SCC (Cr.) 1698

Admissions
Sahoo v. State of U.P., AIR 1966 SC 40
Sita Ram Bhau Patil v. Ramchandra Nago Patil, AIR 1977 SC 1712

Confessions
State of U.P. v. Deoman Upadhyaya, AIR 1960 SC 1125 (5 Judge Bench)
Aghnoo Nagesia v. State of Bihar, AIR 1966 SC 119
Bheru Singh v. State of Rajasthan, (1994) 2 SCC 467
Haricharan Kurmi v. State of Bihar, AIR 1964 SC 1184

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State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808
Selvi v State of Karnataka (2010) 7 SCC 263.
State of Punjab v Barkat Ram AIR 1962 SC 276.
Raja Ram Jaiswal v. State of Bihar, AIR 1964 SC 828

Dying Declarations
Puran Chand v State of Haryana (2010) 6 SCC 566.

Sharad Birdichand Sarda v State of Maharashtra (1984) 4 SCC 116.

Pakala Narayana Swami V King Emperor AIR 1939 PC 47.

Laxman v State of Maharashtra 2002 SCC (Cr.) 1491

Burden of Proof
Gavate v. State of Maharashtra, AIR 1977 SC 183
Shambhu Nath Mehra v. State of Ajmer, AIR 1956 SC 404
Amba Lal v. Union of India, AIR 1961 SC 264
Collector of Customs, Madras v. D. Bhoormal, AIR 1974 SC 859

Evidentiary Presumptions
S. N. Bose v. State of Bihar, AIR 1968 SC 1292
K. L. Rallaram v. Custodian, Evacuee Property, Bombay, AIR 1961 SC 1316
Hans Raj v. State of Haryana, (2004) 12 SCC 257

Documentary Evidence
State of Bihar v. Radha Krishna Singh, AIR 1983 SC 684
Marvari Kumhar v. B. G. Ganeshpuri, AIR 2000 SC 2629
Anvar v. P. K. Basheer (Civil Appeal 4226 of 2012)
Shafi Mohammed v. State of Himachal Pradesh (2 judge bench: distinguishes itself from
Anvar v. Basheer)

Estoppel
Deshpande v. Deshpande, AIR 1954 SC 82
Shreedhar v. Munireddy, AIR 2003 SC 578

Oral Evidence
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Bai Hira Devi v. Official Assignee of Bombay, AIR 1958 SC 448

Expert Evidence
Sri Chand Batra v. State of U.P., AIR 1974 SC 639
State of H.P. v. Jai Lal, AIR 1974 SC 639
State (CBI) v. S. J. Choudhary, (1996) 2 SCC 428 (5 Judge Bench)
Ramesh Chandra Agrawal vs Regency Hospital Ltd. 2009 AIR SCW 7308

Privileged Communication
Ram Bharosey v. State of U.P., AIR 1954 SC 704
State of Punjab v. Sodhi Sukhdev Singh, AIR 1961 SC 493 (5 Judge Bench)
Excerpts from S.P. Gupta v. President of India, AIR 1982 SC 149

Witnesses
Ramchandra Rambux v. Champabai, AIR 1965 SC 354
Rameshwar v. State of Rajasthan, AIR 1952 SC 54
Laxmipat Choraria v. State of Maharashtra, AIR 1968 SC 938
R. D. Nayak v. State of Gujarat, AIR 2004 SC 23

Examination and Cross Examination and Re-Examination of Witnesses

Pannayar v. State of Tamil Nadu, AIR 2010 SC 85
B. B. Hirjibhai v. State of Gujarat, AIR 1983 SC 753
Girdhari v State 2011 15 SCC 373
Baladin v State of UP AIR 1956 SC 181

Power of the Judge to Call and Examine a Witness

Raghunandan v. State of U.P., AIR 1974 SC 436

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