T1544-Law of Evidence

SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY)
(Established under section 3 of the UGC Act 1956)

Re - accredited by NAAC with ‘A’ Grade
Founder: Prof. Dr. S. B. Mujumdar, M.Sc.,Ph.D. (Awarded Padma Bhushan and
Padma Shri by President of India)
(Established under section 3 of the UGC Act 1956, by notification No.F.9-

12/2001-U3 Government of India)
Accredited by NAAC with ‘A’ Grade
Founder: Prof. Dr. S. B. Mujumdar, M.Sc.,Ph.D. (Awarded Padma Bhushan and Padma Shri
by President of India)
___________________________________________________________________________
Sub Committee - Specialization for Curriculum Development
Under Graduate
Course Title: Law of Evidence
Course Code: T 1544
Number of Credits: 4
Level: 4
Learning Objective:
1. The course aims to enable the student to analyse the concepts and principles
underlying the law of Evidence
2. To learn about identifying the recognized forms of evidence and its sources.
3. The course seeks to relate the student the skills of examination and appreciation of
oral and documentary evidence in order to find out the truth.
4. To analyze the art of examination and cross examination and shifting nature of burden
of proof are crucial topics.
5. To outline the concepts brought in by amendments to the Law of Evidence.
Learning Outcome (s):

1. Students will able to apply principles of evidence to the hypothetical and factual
circumstances.
2. Students will able to appreciate evidence and also able to conduct examination of
witnesses in the law court once they join litigation.
3. Students will able to gather evidences (Oral / Documentary form).
4. Students will able to find out lacunae in the existing system
1
Pre-learning:
1. XII Standard
2. To pursue 5 year UG Law programme in any recognized centre of SIU.
3. To have suggested reading as per session plan and other resources such as films,
documentary, as provided by the course instructor
Course Outline
Sr.No. Topics Hours

1 Law of Evidence 6
1.1. History and development
1.2. Object/ Scope of the study
1.3. Evidence and proof
1.4. Appreciation of Evidence
2 Types and Forms of Evidence 8

2.1. Real Evidence
2.2. Personal Evidence
2.3. Direct Evidence
2.4. Circumstantial Evidence (Indirect)
2.5. Testimonial Evidence
2.6. Judicially Noticed Evidence
2.7. Character Evidence
2.8. Hearsay Evidence
2.9. Opinion Evidence
2.10. Oral Evidence
Documentary Evidence
3 Exclusion of Oral Evidence by Documentary 6
Evidence
4 Estoppel 6
5 Indian Evidence Act 8
5.1. Schematic Arrangement
5.1.1. Interpretation clause
5.1.2. Probability Test –
Presumptions
5.1.3. Chapter on Relevancy of
Facts
5.2. Sections 5-16
5.3. Admission
5.4. Statements by persons who cannot
be called as witness
5.5. Statements made under special
circumstances
5.6. How much of a statement is to be
proved
5.7. Judgment of courts of justice when
2
relevant
5.8. Opinion of third persons, when
relevant
Character, when relevant
6 On Proof 6
6.1. Standard of proof in civil and
criminal cases
6.2. Facts which need not be proved
7 Trials 6
7.1. Civil cases
7.2. Criminal cases
7.3. Burden of proof
7.4. Witnesses Competency, Privileges,
Immunity
7.5. The Course of Testimony
7.6. Power of courts
7.7. Improperly obtained evidence and its
rejection
7.8 Difference between Adversarial and
Inquisitorial Trial process at the International
perspective
8 Practical Problems 5
9 Law Reforms 3
10 Tutorial 3
11 Self-Learning including projects, presentations, 3
moot courts, simulation, exercises, film review,
news review, field visit, experiential learning,
guest lectures
Total 60
Pedagogy:
 lecture
 Discussion
 self-study
 projects
Books/Articles/Papers Recommended:
 Galanter, M., 2018. Competing equalities: law and the backward classes in India.
 McKeown, P., 2018. The Modern Law of Evidence. Oxford University Press.
 Deininger, K., Jin, S., Nagarajan, H.K. and Xia, F., 2018. Inheritance law reform,
empowerment, and human capital accumulation: Second-generation effects from
India. The Journal of Development Studies, pp.1-23.
 Asher, S. and Novosad, P., 2017. Politics and local economic growth: Evidence from
India. American Economic Journal: Applied Economics, 9(1), pp.229-73.
3
 Gulzar, S. and Pasquale, B.J., 2017. Politicians, bureaucrats, and development: Evidence
from India. American Political Science Review, 111(1), pp.162-183.
 Wigmore, J.H., 2017. Wigmore on evidence. Wolters Kluwer.
 Pasachoff, E., 2017. Two Cheers for Evidence: Law, Research, and Values in Education
Policymaking and Beyond. Columbia Law Review, pp.1933-1972.
 Chatruvedi Gopal S., and Field C. D., Commentary on Law of Evidence, Vol. 1-5, Delhi
Law House, 12th edition, (2007)
 Dheerajlal Keshavlal Thokore and Ratanlal Ranchhoddas, Law of Evidence, Wadhwa and
Co.,Nagpur, 22nd edition, (2006)
 Dubey Batuk Lal and Kumar Arvind, Law of Evidence, Central Law Agency, 15th edition,
(2010)
 Lal Batuk, Law of Evidence Central Law Agency, Allahabad, (2010)
 Manohar V. R., Sarkar Sudipto, Sarkar's Law of Evidence, Vol. 1-2, Wadhwa and Co.,
15th edition, (1996)
 Ratanlal Ranchhoddas, Dhirajlal Keshavlal Thakore, Y. V. Chandrachud, Ratanlal and
Dhirajlal's the Law of Evidence (Act I of 1872, Wadhwa and Co., (2007)
 Sarkar on Law of Evidence, Ashoka Publishing house, Bombay, (1996)
 Singh Avtar, Principles of the Law of Evidence: A Study of The Indian Evidence Act,
1872, Central Law Publications Allahabad, (2010)
 Singhal M. L., Woodroffe John and Amir Ali Syed, Law of Evdence, Vol. 1-4, 15 th
Edition, Law Book Co., Allahabad (1989)
 Woodroffe, Amir Ali, Commentary on the Law of Evidence, 18th Ed., Eastern Book
Company (2009)
 Law of Evidence – Ratanlal Dhirajlal, Dr. Shakil Khan, 24th Edition ,2015
 Law of Evidence – Commentary of Evidence Act, 1872 by Ram Jethmalani & D.S.
Chopra
Case Laws:
 1. R.M. Malkani v State of Maharashtra AIR 1973 SC 157,

 2. Mirza Akbar v King- Emperor AIR 1940PC 176,
 3. Badri Rai & Am. v The State of Bihar AIR 1958 SC 953,
 4. Bishwanath Prasad and ors v Dwaraka Prasad & Ors. AIR 1974 SC 117,
 5. Veera Ibrahim v State of Mah:trashtra AIR 1976 SC1167,
 6. AIR 1947 PC 119,
 7. Aghoo N agesia v State of Bihar AIR 1966 SC 119,
 8. Mohmed Inayatullah v State of Maharashtra AIR 1976 SC 483,
 9. Khusal Rao v State of Bombay AIR 1958 SC 22,
 10. Kusa & Ors. v State of Orissa AIR 1980 SC 559,
 11. Ram Narain v State of Utter Pradesh AIR 1973 SC 2200,
 12. R.S. Madanappa and ors. v Charndramma and Am. AIR 1965 SC 1812,
 13. Smt. Somavanti and ors. v. The State of Punjab AIR 1963 SC 151,
 14. Shri Krishna Keshar Kulkarni and ors. v Balaji Ganesh Kulkarni and ors AIR
1976 BOM 342,
 15. Sara Veera Swami alias Sara Veerraju v. Talluri Narayana (deceased) and ors.
AIR 1949 PC 32,
 16. Bhuboni Sana v The King AIR 1949 PC 257,
 17. Ravinder Singh v State of Haryana AIR 1975 SC 856,
4
 18. Haroon Haji Abdulla v State of Mahareshtra AIR 1968 SC 832,
 19. M.C. Verghese v T.J. Poonam and Am. AIR 1970 SC 1876,
 20. The State of U.P. v Rah Narain and Ors. AIR 1975 SC 865
 21. Sharad Birdichand Sarda v. State of Maharashtra, (1984) 4 SCC 116
 22. D. Nagraja V. D.T. Chikkegowda Cr.R.P.70 of 2016.
 23. M/s India Cement Investment Service Ltd. V. Satyanarayan. Cr.L.D.2014
 24. Nikesh Shaha V. Union of India 13393/2017
Suggested Assessment/ Evaluation Methods:

All external courses will have 40% internal component and 60% external component [University]
examination. Methodology of Internal Assessment will be at least 4 components from the
following list of assessment methods:
 Seminar Presentations
 One written test
 Viva Voce
 Essays
 Project, Group projects and Dissertations
 Cases and open problems
 Work based Assessment
 Multiple choice Questions
 Problems
 Short Answer Questions
 Learning logs/ diaries
 Computer based Assessment
 Single Essay Examination
 Reflective practice Assignments
 Modified Essay Questions

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SYMBIOSIS INTERNATIONAL (DEEMED UNIVERSITY)

(Established under section 3 of the UGC Act 1956)

(Established under section 3 of the UGC Act 1956, by notification No.F.9-

Learning Outcome (s):

2. To pursue 5 year UG Law programme in any recognized centre of SIU.

Sr.No. Topics Hours

2 Types and Forms of Evidence 8

 1. R.M. Malkani v State of Maharashtra AIR 1973 SC 157,

Suggested Assessment/ Evaluation Methods:

 One written test

 Project, Group projects and Dissertations

 Cases and open problems

 Work based Assessment

 Multiple choice Questions

 Short Answer Questions

 Learning logs/ diaries

 Computer based Assessment

 Single Essay Examination

 Reflective practice Assignments

 Modified Essay Questions

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