Evidence Law Teaching Plan

Format No. QSP/7.1/01.
F01 (C)
IssueNo.04 Rev. No 4 Dated: Jan 2, 2019
UNIVERSITY OF PETROLEUM & ENERGY STUDIES
School of Law
Dehradun
COMMON COURSE PLAN
Program : B.Tech LLB ET IPR/ BT CS LLB CL

Course : Law of Evidence
Semester : IX
Session : Aug- Dec 2019
Batch : 2016-21
Subject Code : LLBL 121
No. of credits : 4
Prepared by : Ms. Aditi Bharti
Email : aditi.bharti@ddn.upes.ac.in
Approved By
_______________________ _______________________
HOD Dean
UPES Campus Tel : +91-135-2770137

“Knowledge Acres” Fax : +91 135- 27760904
P.O. Kandoli, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)
COURSE PLAN
SUBJECT: Law of Evidence COURSE: B.Tech LLB ET IPR/ BTECH CS LLB
DURATION: Aug- Dec, 2019 SUBJECT CODE: LLBL 121
CATALOGUE DESCRIPTION
The law of evidence, also known as the rules of evidence, encompasses the rules and legal
principles that govern the proof of facts in a legal proceeding. These rules determine what
evidence must or must not be considered by the trier of fact in reaching its decision. The trier
of fact is a judge in bench trials, or the jury in any cases involving a jury. hen a dispute, whether
relating to a civil or criminal matter, reaches the court there will always be a number of issues
which one party will have to prove in order to persuade the court to find in his or her favour.
The law must ensure certain guidelines are set out in order to ensure that evidence presented to
the court can be regarded as trustworthy.
A. COURSE OBJECTIVES
 To make the students understand nature and functions of the law of evidence
 To make them understand fundamental rules regarding evidence which help the judge
in reaching its decision.
 To make them understand the quantum quality and type of proof needed to prevail in
litigation.
 To make them understand regarding different kinds of evidence

 To make them understand regarding the production and effect of evidence.
B. COURSE OUTCOMES:
1. Student will be able to explain basic principles and concepts related to law of evidence.
2. Student will be able to explain and analyse various types of evidences under Indian
Evidence Act; and related legal requirements.
3. Student will be able to analyse the questions of law involved in the procedure for
adducing the evidence.
4. Student will be able to explain and integrate the different laws with the law of evidence,
and apply them towards problem solving.
SCHOOL OF LAW Aug- Dec 2019

Course Progr Stude Studen Students Students Students Students Students
Outco am nts ts will will be will will will will
me will effecti able to demonst demonst show exhibit
Outco demo vely exhibit rate rate sensitivi commitm
me nstrate apply effective ability to desirabl ty ent,
conce their law evolve e towards teambuil
ptual learnin profession alternati qualities ethical, ding,
knowl gs to al skills, ve to be moral networki
edge practic employing solutions employa and ng,
in al legal oral and from ble in social leadershi
core issues. written dynamic the issues p and
areas communic socio- relevant arising lifelong
of ation, legal economi market. in their learning
law. research, c and professi skills to
analysis, techno- onal excel in
rationalisat legal career. legal
ion and perspecti world.
critical- ves.
thinking
Students will be       
able to
demonstrate
conceptual
knowledge in
core areas of
energy
technology
able to
demonstrate
integrated
knowledge of
legal principles
and energy
technology

able to exhibit
skills in practices
and procedures
of intellectual
property laws/
computer science
Program Course Students will Students will Analyze the Students will be
Specific Outcomes be able to be able to role of laws, able to exhibit
Outcomes for demonstrate demonstrate especially IPR skills in
B.TECH. (ET), conceptual and
integrated practices and
LL.B. (Hons.) Competition
knowledge in knowledge of procedures of
IPR, CS Laws in trade
core areas of legal intellectual
secret and
energy principles and technology property law
technology energy transfer
technology
Students will be able to ✓ ✓ ✓

demonstrate conceptual
knowledge in core areas of energy
technology.
Students will be able to  
demonstrate integrated knowledge 
of legal principles and energy
technology.
Students will be able to exhibit ✓  ✓ ✓
skills in practices and procedures
of Intellectual Property Law/
computer science.
Course’s Continuous Continuous Continuous Continuous Continuous

Outcomes evaluation Evaluation Evaluation Evaluation Evaluation
for Tools Tool 1 Tool 2 Tool 3 Tool 4
LLBL 121
Class Project 40% Subject Attendance (20%
participation Grand Viva weightage)
(20% (20%
weightage) weightage)

Student will be able to explain ✓ ✓ ✓ ✓
basic principles and concepts
related to law of evidence.
Student will be able to analyse ✓ ✓ ✓ ✓

the questions of law involved in
the procedure for adducing the
evidence.
Student will be able to explain ✓ ✓ ✓ ✓

and integrate the different laws
with the law of evidence, and
apply them towards problem
solving.
Student will be able to explain ✓ ✓ ✓

and analyse various types of
evidences under Indian
Evidence Act; and related legal
requirements.
C. COURSE OUTLINE
It has 6 modules which are as follows:
UNIT 1:
 DEFINITION AND RELEVANCY OF FACTS

 Evidence, Document, Proved, Disproved, not proved.
 Relevant Fact and Fact in issue.
 May Presume, Shall Presume and Conclusive Proof
 Kinds of Evidence
 Relevancy and admissibility
 Res Gestae, Occasion, Cause, Effect, Motive Preparation, Conduct, Alibi etc.
UNIT 2:
 DEFINITION OF ADMISSION AND RELEVANCY

 Who can make Admissions, Proof of Admissions
 Against the Persons making them and Admissions in civil cases.
(Sections 17-23, 31).
UNIT 3:
 DEFINITION OF CONFESSION AND RELEVANCE OF CONFESSIONS (SECTIONS 24-

30), AND DYING DECLARATION.
 Confession
 Confession to police
 Retracted Confession
 Discovery Statement
 Confession By Co accused
 Dying Declaration
UNIT 4:
 OF DOCUMENTARY EVIDENCE (SECTIONS 61-73).

 Primary and Secondary Evidence.
 Proving and Genuineness of Documents.
 Exclusion of Oral by documentary Evidence
UNIT 5:
 PRODUCTION AND EFFECT OF EVIDENCE.

 Burden of Proof (Sec. 101-114).
 Estoppels (Sec. 115).
 Competence of Witnesses (Sec. 118-120).
 Pivilleged Communications
UNIT 6:
 EXAMINATION OF WITNESSES (SECS. 135 - 166) WITH SPECIAL REFERENCE TO

THE FOLLOWING
 Types of Examinations.
 Leading Question
 Hostile Witness
 Refreshing Memory
 Questions which can be asked during Different Type of Examinations.
D. PEDAGOGY

Interactive approach during the study. (Students are supposed to come prepared for the topics for
discussion in the class/ case studies/ Presentations/ Viva-voce), randomly any student can be called on
the board to solve the problems.
Work in small groups for Group Projects and personalized teaching
(Student counseling, mentoring and individual/group projects/ assignments, exercises using Solver and
excel etc.)
 Presentations (Paper/Group Project)

 Case Study
 Group Projects (may include practical assignments)
 Chalk and talk
 Case Analysis
 Lecture Methods
E. COURSE COMPLETION PLAN

Sessions: 4 (lectures of 1 hour each) for a 4 credit course.
Total hours per week: 4 hours per week
EVALUATION & GRADING
Description Weight age Schedule
1. Continuous Assessment 30% Detailed Below
2. Mid term Exam 20% Academic Calendar
3. End term Exam 50% Academic Calendar
Internal Assessment: Marks 100 (shall be done based on the following 4components):
Description Weight age Schedule:-
1. Continuous Assessment 30% Detailed Below
Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the following 5
components:
a. Class Participation 20 Marks
c. Project work 40 Marks (Abstract and final Project and viva)
d. Subject grand viva 20 Marks
e. Attendance 20 Marks
Four components will be used for internal assessment for this course (Total 100 marks), the details of
each component is as follows:

a) Class participation (at least 6 questions from each student in the entire semesters- 20%
weightage
b) Group activity- in a specified group of 3 students- Project Work (With Viva or PPT)/
Article targeted for reputed journals (with Viva)/ Court Room Exercise (with written
submission)- 40% weightage
c) Subject Grand Viva (At least 6 questions from each student) -20% weightage
d) Attendance ( As per the defined and specified parameters)-20% weightage
Four components will be used for internal assessment for this course (Total 100 marks),
the details of each component is as follows:
a) Class Presentation/ Participation
Case Analysis: Case analysis evaluation would be made on presentation of brief facts
and arguments, critical analysis, ratio decidendi, obiter dita.
b) Projects Work/ Article writing / Courtroom exercise-Weightage 40 %

Faculty has choice to select any one group activity from the following components:
i. Project Topics covering entire syllabus and emerging areas with allotments.
ii. Land Mark current and old Cases covering the entire syllabus with allotments
iii. Moot Problem with allotments in groups
Students are also required to make a group presentation on the topic on a scheduled date
(would be communicated in the class). The duration of a group presentation will be 15-20
minutes; followed by 5-10 minutes discussion/query session.
c) Subject Grand Viva (At least 6 questions from each student) the questions should be
covered from the entire syllabus as taught in the class.
d) Attendance ( As per the defined and specified parameters)
Formula for attendance marks:
 67-75 % 0 Marks
 75-80% 5 Marks
 80-85% 10 Marks
 85-90% 15 Marks
 90%-100% 20 Marks
Mid- Sem Examination: 20% Weightage
Mid- Sem examination shall be of one hour duration based on multiple choice question
based system conducted on black board.(paper less).
End -Sem Examination: 50% Weightage
End-Sem examination shall be of three hours duration. The examination paper shall have
4 Sections
 Section A-Objective type / Short Answer type memory based general questions (2 to 5
questions) -10 marks.
 Section B-Short answer type Conceptual questions (2 to 5 questions) -20 marks.
 Section C-Analytical & Comparative questions (2 to 4 questions) -20 marks.
Section D-Application based Case study (2 to 5 questions) -50 marks
Passing Criteria
If the batch size is upto 30, Grading shall be done on the basis of absolute grading system
• If the batch size is more than 30, the grading will be done based on Relative Grading
System
Both in Absolute and Relative Grading System passing criteria will be:
• For UG-Students: Scoring less than 35 absolute marks in individual course either in end
semester examination or as composite score shall be awarded as ‘F’
• For PG-Students: Scoring less than 40 absolute marks in individual course either in end
semester examination or as composite score shall be awarded as ‘F’
• For UG & PG: Students scoring 85 marks and above as composite score (IA+MS+ES)
shall be awarded as the highest grade as ‘O’ i.e., Outstanding (on 10 point Scale) and ‘A’
i.e., Outstanding (on 4 point Scale)
Attendance
Students are required to have minimum attendance of 75% in each subject. Students with less than
said percentage shall NOT be allowed to appear in the end semester examination.
Cell Phones and other Electronic Communication Devices: Cell phones and other electronic
communication devices (such as Blackberries/Laptops) are not permitted in classes during Tests or
the Mid/Final Examination. Such devices MUST be turned off in the classroom.
E-Mail and Blackboard: Each student in the class should have an e-mail id and a password to access
the blackboard system regularly. Regularly, important information – Date of conducting class tests,
guest lectures, syndicate sessions etc. to the class will be transmitted via e-mail. The best way to
arrange meetings with us or ask specific questions is by email and prior appointment. All the

assignments preferably should be uploaded on Blackboard. Various research papers/reference
material will be mailed/uploaded on blackboard time to time.
DETAILED SESSION PLAN
SESSION TOPIC READINGS PEDAGOGY

 Chalk & Talk
 Examples
Introduction to the  Discussion
1. Course plan
course  PPT Presentation
 Random
questions
INTERNAL ASSESSMENT- PROJECT
1. The Law of Evidence, by

 Chalk & Talk
Ratan lal & Dhiraj Lal, p21-32
 Examples
2. The Law of Evidence, by  Discussion
Evidence
2.
Document
S. Sarkar, p11-19  PPT
 Presentation
3. Wigmore on Evidence, by
 Random
Henry & Wigmore, p17-31 questions
Ratan lal & Dhiraj Lal, p31-36  Chalk & Talk
 Examples
Proved 2. The Law of Evidence, by
 Discussion
3. Disproved, S. Sarkar, p19-24
not proved  Presentation
3. Wigmore on Evidence, by  Random
questions
Henry & Wigmore, p31-34
Ratan lal & Dhiraj Lal,p36-39  Chalk & Talk
May Presume
 Examples
Shall Presume and  Discussion
4. S. Sarkar,p24-28
Conclusive Proof  Presentation
questions

Relevant Fact and Fact  Examples
in issue.  Discussion
5. S. Sarkar, p29-39
 Presentation
questions
 Examples
Res gestae  Discussion
 Presentation
questions
 Examples
Occasion, Cause, Effect  Discussion
 Presentation
questions
Motive, Preparation &  Examples
Conduct  Discussion
8. S. Sarkar, p90-119
 Presentation
questions
Facts introductory,
 Examples
explanatory, identity,  Discussion
9. S. Sarkar, p120-207
time, place and relations  Presentation
questions
1. The Law of Evidence, by  Chalk & Talk
Relevancy of facts Ratan lal & Dhiraj Lal, p154-171  Examples
constituting Conspiracy  Discussion
10.
2. The Law of Evidence, by  Presentation
S. Sarkar, p208-249  Random
questions

 Examples
Plea of alibi  Discussion
11. S. Sarkar, p250-299
 Presentation
questions
 Chalk & Talk
Facts helpful in 2. The Law of Evidence, by  Examples
determining damages
S. Sarkar, p300-320  Discussion
12.
 Presentation
 Random
questions
Henry & Wigmore, p305-
321
Facts establishing right,  Examples
duty or custom
 Discussion
13. S. Sarkar, p321-347
 Presentation
questions
Facts showing state of  Examples
mind  Discussion
14. S. Sarkar, p348-369
 Presentation
questions
 Examples
Course of business  Discussion
15. S. Sarkar, p370-409
 Presentation
questions

Ratan lal & Dhiraj Lal,
p340-391  Chalk & Talk

 Examples
Admissions: Definition
16.
S. Sarkar, p410-479  Presentation
 Random
3. Wigmore on Evidence, by questions
499
 Chalk & Talk
2. The Law of Evidence, by  Examples
Evidentiary value of S. Sarkar, p480-569  Discussion
17
Admission  Presentation
questions
 Chalk & Talk

Who can make
18
Admissions  Discussion
 Presentation
Random questions
 Chalk & Talk
Admissions Against the
19
Persons making them  Presentation
 Random
Henry & Wigmore, p544- questions
591
 Chalk & Talk
Admissions in civil
20 cases. (sec. 17- 23, 31)  Presentation
 Random
questions
591
MID-SEMESTER EXAMINATION
 Chalk & Talk
Definitionof Confession 2. The Law of Evidence, by  Examples
21
 Presentation
questions

S. Sarkar, p662-748  Examples
Confession to police
 Discussion
22
3. Wigmore on Evidence, by  Presentation
 Random
2. Henry & Wigmore, p592-647
questions
Confession to
 Discussion
23 magistrate 3. Wigmore on Evidence, by  Presentation
 Random
questions
Who can make
 Discussion
24 confession 3. Wigmore on Evidence, by  Presentation
 Random
questions
25. Difference between
admission and S. Sarkar, p662-748  Examples
confession  Discussion
 Random
questions
 Chalk & Talk
Retracted confession S. Sarkar, p749-798  Discussion
26
 Presentation
 Random
694
27 Dying declaration  Examples
 Random
questions
801
English and Indian law  Discussion
29 on dying declaration 3. Wigmore on Evidence, by  Presentation
 Random
questions
Essentials of dying  Discussion
30 declaration 3. Wigmore on Evidence, by  Presentation
 Random
questions
Jurisprudence of dying
 Discussion
31 declaration as an
evidence
 Random
questions
Multiple dying  Discussion
32 declaration 3. Wigmore on Evidence, by  Presentation
 Random
questions
 Chalk & Talk
33 Types of evidences
 Presentation
 Random
874
Documentary  Discussion
34
evidence 3. Wigmore on Evidence, by  Presentation
 Random
questions

Evidentiary value of
 Discussion
35 documentary
evidence
 Random
questions
 Discussion
36 Primary evidence 3. Wigmore on Evidence, by  Presentation
 Random
questions
 Discussion
37 Secondary evidence 3. Wigmore on Evidence, by  Presentation
 Random
questions
Types of secondary  Discussion
38
evidences 3. Wigmore on Evidence, by  Presentation
 Random
questions

Proof and
 Examples
Genuineness of
39 Documents S. Sarkar, p1068-1161  Presentation
 Random
questions
949

 Examples
Presumption as to 2. The Law of Evidence, by  Discussion
40.
documents S. Sarkar, p1162-1258  Presentation
 Random
questions
1030
Burden of Proof (Secs.  Chalk & Talk
101-114)
p992-1107  Examples
 Discussion
41. 2. The Law of Evidence, by
 Random

 Chalk & Talk
Estoppels (Secs. 115).
 Discussion
42 2. The Law of Evidence, by
 Random

Competence of  Chalk & Talk
Witnesses (Secs. 118-
 Discussion
43 2. The Law of Evidence, by
120)
 Random

 Chalk & Talk
Accomplice and his p1289-1390  Examples
evidence  Discussion
 Random

EXAMINATION OF 1. The Law of Evidence, by
Ratan lal & Dhiraj Lal,  Chalk & Talk
WITNESSES (SECS.
 Examples
45.
135 - 166) WITH p1391-1539  Discussion
SPECIAL  Presentation
REFERENCE TO THE S. Sarkar, p1732-1859  Random
FOLLOWINGS questions
Types of Examinations. Henry & Wigmore, p1352-1411

 Chalk & Talk
Leading Question p1540-1598  Examples
Hostile Witness  Discussion
 Random

Refreshing Memory  Chalk & Talk
Questions which can be p1599-1789  Examples
asked during Different  Discussion
Type of Examinations.  Random

Power of judge during
 Discussion
48. the examination 3. Wigmore on Evidence, by  Presentation
 Random
questions
INTERNAL ASSESSMENT:VIVA VOCE
SUGGESTED READINGS:
G. Background to the Evidence Act
 James Fitzjames Stephen, The Indian Evidence Act (1 of 1872): with an introduction on
the principles of judicial evidence (Calcutta: Thacker, Spink & Co., 1872)
 James Fitzjames Stephen, A Digest of the Law of Evidence (London: William

Clowes and Sons,5th edn, 1886)

G 1. TEXTBOOKS:
 Law of Evidence, by Ratan Lal & Dheeraj Lal
 Law of Evidence, by Vepa P. Sarathi
 Law of Evidence, by Batuk Lal
 Law of Evidence, by Dr Avtar Singh
 Textbook on Indian Evidence Act, KD Gaur
G2. REFERENCE BOOKS
a) Law of evidence S. Sarkar Eastern Book Depot
b) Wigmore on evidence Henry & Wigmore Universal Law House
e) Monir on Evidence Justice Monir Wadhwa Publishers
f) Law of Evidence Ratanlal Dheerajlal Wadhwa Publishers
g) Law of Evidence Dr. S. K. Kapoor Universal Law House
English texts
 I H Dennis, The Law of Evidence (Sweet and Maxwell, 5th ed, 2013)
 Colin Tapper, Cross & Tapper on Evidence (OUP, 12th ed, 2010).
 Adrian Keane & Paul McKeown, The Modern Law of Evidence (OUP, 10th ed, 2014).
 Peter Murphy & Richard Glover, Murphy on Evidence (OUP,13th ed,2013)
 Hodge M Malek, Phipson on Evidence (Sweet & Maxwell, 18th ed, 2013) (a
practitioner’s work)
G 3: LAW COMMISSION REPORTS
1. Law Commission of India (Report No. 185), on review of Indian Evidence Act 1872, (2003)
2. Law Commission of India (Report No. 94), Evidence obtained Illegally or Improperly: Proposed
Section 166A, Indian Evidence Act 1872.
3. Law Commission of India (Report No. 74), Proposal to amend the Indian Evidence Act so as to
render admissible certain statements made by witness before commission of Inquiry and Other
Statutory Authorities. (1978)
G 4: ARTICLES
 An Economic Approach to the Law of Evidence; by Richard A. Posner
 Digital Evidence and the new Criminal Procedure; by Orien S. Kerr
 The substance of False Confessions; by Brandon L. Garrett

 The Three Errors: Pathways to False Confessions and Wrongful Convictions; by
Richard A. Leo & Steven A. Drizin
 Deceptive Police Interrogation Practices: How far is too far?; by Laurie Magid
 Rethinking the Involuntary Confessions Rule: Toward a workable test for identifying
compelled self-incrimination; by Mark A. Godsey
 The Problem of False Confessions in the Post DNA world; by Steven A. Drizin &
Richard A. Leo
 The Effects of Miranda Vs. Arizona: Embedded in our National Culture?; by George C.
Thomas III & Richard A. Leo
 Dying Declarations in Pakistan and India: A Case Law Study of their Evidentiary Value;
by Shahbaaz Ahmad Cheema & Samee Uzair Khan
 Larry G. Evans , Article Eight of the Federal Rules of Evidence: The Hearsay
Rule, available at
http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1731&context=vulr
 Professor G. D. Nokes, Codification Of The Law Of Evidence In Common Law

Jurisdictions, The International and Comparative Law Quarterly, Vol. 5, No. 3 (Jul.,
1956), pp. 347-363, available at JSTOR
 Arthur L. Goodhart , A Changing Approach to the Law of Evidence, available at JSTOR
 Colin Tapper, The Law of Evidence and the Rule of Law, available at JSTOR
 James B. Thayer, The Present and Future of the Law of Evidence, Harvard Law Review,
Vol. 12, No. 2 (May 25, 1898), pp. 71-94, available at JSTOR
 George F. James , The Contribution of Wigmore to the Law of Evidence, The
University of Chicago Law Review, Vol. 8, No. 1 (Dec., 1940), pp. 78-87, available at
JSTOR
 E. W, Evidence: Competence of Witnesses. Admissibility of Evidence in Criminal
Trials in Federal Courts, California Law Review, Vol. 22, No. 4 (May, 1934), pp. 448-
450, available at JSTOR
G: 5 IMPORTANT CASES
S.No. Title Source Session

No.
1. Ratten Vs. R (1971) 3 All ER 801 6
2. Queen Empress Vs. Abdullah (1885) 7 All. 6
385(F.B.)
3. Ramanathan Vs. State of Tamilnadu AIR 1978 SC 1201 11
4. Surendra Singh Rautela Vs. State of Bihar AIR 2002 SC 260 14
5. State of Maharashtra Vs. Damu Gopinath (2000) Cr LJ 2301 17
Shinde (SC)
6. P.N.Swamy Vs. Emperor AIR 1939 PC 47 18
7. Nishikant Jha Vs. State of Bihar 1959 SCR 1033 23
8 State of UP Vs. Deoman Upadhyay AIR 1960 SC 1125 24
9 Pulukuri Kotaiah Vs. Emperor AIR 1947 PC 67 25
10 Mohd. Inayatullah Vs. State of AIR 1976 SC 483 28
Maharashtra
11 Kashmira Singh Vs. State of Madhya AIR 1952 SC 159 29
Pradesh
12 Sharad Birdhichand Sharda Vs. State of (1984) 4 SCC 116 31
Maharashtra
13 Selvi v State of Karnataka 2010(7) SCC 263 34
14 State of Gujarat v. Jayrajbhai Punjabhai 2016 SC 36
Varu
15 State of Assam v. Ramen Dowarah 2016 SC 38
16 Nandlal Wasudeo Badwaik vs Lata Nandlal 2014 SC 40

Badwaik & Anr
17 Dipanwita Roy vs Ronobroto Roy 2014 SC 43
18 State of Haryana V. Ram Mehar & Others CRIMINALAPPEAL 44
Etc. Etc NOS. 805-806 OF
2016
19 Ramesh And Others V. State Of Haryana NOVEMBER 22, 2016 45
SC
20 Raj Kumar @ Raju V. State (Nct Of Delhi), JANUARY 20, 2017 SC 46
21 Md. Sajjad @ Raju @ Salim v. State of January 6, 2017 SC 47

West Bengal
G.6 WEB SOURCES:

http://mc.manuscriptcentral.com/dsj
http://www.igi-global.com/journal/international-journal-operations-research-information/1141
www.elsevier.com
www.informs.org
www.ssrn.com
www.scconline.com
Database:
westlaw
SCC Online
JSTOR
H. Instructions
a) All students will be divided in groups comprising of 3- 4 students in each.
b) Students are expected to read the concerned session’s contents in advance before coming to the
class.
c) The session will be made interactive through active participation from students. The entire
session will be conducted through question-answer, reflections, discussion, current practices,
examples, problem solving activities and presentations etc.
d) In the case study session all students are expected to prepare their analysis and answers/decisions
in their respective groups. Any group may be asked to present their views and defend the same.
e) All schedules/announcements must be strictly adhered to.
f) The complete syllabus would be covered for Viva-voce and one must be thoroughly prepared to
appear for the viva and strictly appear on given time, otherwise, he/she will lose the marks.
g) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.

Annexure-I
UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW
B.TECH ET LLB IPR/CL
SEMESTER-IX
ACADEMIC YEAR: 2019-20 SESSION: AUG- DEC 2019
PROJECT
FOR
Law of Evidence
Submitted to: Ms. Aditi Bharti

(TO BE FILLED BY THE STUDENT)
NAME: _______________________
SAP NO: _______________________
ROLL NO -------------------------------------

PROJECT TOPICS
1. Evidentiary value of Medical Evidence
2. Extra Judicial Confession
3. Dying Declaration and its importance
4. Evidence of an Accomplice
5. Res Gestae
6. Presumption as to Dowry Deaths
7. Principle of Estoppel
8. Relevancy of D.N.A Test as an Evidence
9. Role of presumptions in evidence
10. Relevancy and admissibility
11. Admission as evidence
12. Evidence of confession
13. Examination of witnesses
14. Value of retracted confessions
15. Relevancy of judgments in evidence
16. Evidence of character: how far useful
17. Documentary evidence
18. Confessions to police: importance, relevance and justifications
19. Constitutional validity of section 27 of evidence act
20. Impact of the Information Technology Act over the law of evidence in India
21. Ambiguity in documents
22. Burden of Proof
23. Privileged Communication
24. Brain mapping test and its importance as an evidence
25. Impact of technology over the Law of evidence
26. Scientific evidence and its clashes with the constitutional protection against self-
incrimination
27. Evidence to prove Conspiracy

28. Opinion of expert as an evidence
29. Principle of Estoppel
30. Cross examination and its importance in evidence
31. Statements by persons who cannot be called as witnesses
32. Circumstantial evidence
33. Test identification parade and its importance in evidence
34. Witness protection in India: comparative study
35. Whistleblower’s policy: need and effectiveness
36. Presumptions as to documents
37. Investigative Process and Protection against Self-Incrimination
38. Hostile witnesses
39. Evidence of Accomplice
40. Jury System: Pros and Cons

NOTE: The above-mentioned project topics are suggestive. Allotment of project topics to students
shall be subject to approval by the instructor.
GUIDELINES FOR PROJECT WORK
The project will be completed as follows:
1. Abstract: One page in around 300 words

It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words
2. Submission of Final Project

a. Excluding the Cover page, index page and bibliography the main write up should be
around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both sides
b. Project must have- Cover page stating Subject name, Title of the Project, Supervisor
name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is Blue
Book 19th Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters,
conclusion, recommendation, foot notes and required bibliography.
3. The project work shall

a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the student’s capacity for critical examination and judgment; and
e. Be satisfactory in presentation so far as language, style and form are concerned
4. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and the
portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in collaboration
with others.
5. A certificate to the effect that the project work carried out by the student independently
or in collaboration with other student(s) endorsed by the student shall form the part of
the submission for evaluation.

6. Every student who spends a specified period of time in an industry/organization/institute
for reasons of work related to his/her project work, with prior permission from the
Coordinator concerned will explicitly acknowledge working in the relevant
industry/organization/institute.
7. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Ternitin). The report produced by the software
will necessarily be as per the standards prescribed by the university. If the report is
below standards the supervisor will reject the project and award zero marks.
Annexure-II
CONTINUOUS ASSESSMENT SHEET
Programme Name B.TECH ET LLB IPR semester IX
Faculty Name ADITI BHARTI
Subject LAW OF EVIDENCE
Subject Code
Class participation Project Work Subject Grand Total
Viva Attendance 100
Mark
s
Name
Enrl. No. 20% weightage 40% weightage 20% weightage 20%
weighta
ge
Report / Viva
/PPT
1
2
Annexure III
S. No. Project Assignment Snap Snap Grand Viva

Test-I Test-II
Date of 13th Sep, 19th Nov-23rd Nov

allotment 2019
Date of
19th Nov 3rd week 2nd
submission
5thOct August week
October

For the purpose of consultation, discussion on subject or any query students can meet teacher from 3 to
4 pm, on all working days.
SAMPLE QUESTION PAPER
Name:
Enrolment No:
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
End Semester Examination, May 2019
Course: Law of Evidence
Semester: IX
Program: : B.TECH LLB IPR
Time: 03 hrs.
Course Code: CLCC2008 Max. Marks:
100
Instructions:
Attempt all the questions Marks CO

Q1 Define fact 2 CO1
Q2 Write short note on following
a)Best Evidence Rule 2 CO2
b)Disproved and Not proved
Q3 Who is a Hostile Witness? 2 CO1
Q4 What is the nature of Evidence law? 2 C02
Q5 Difference between Logical Relevancy and Legal Relevancy 2 C02
SECTION B
Attempt all the questions

Q6 Hon’ble Supreme Court has observed in various judgments that “dying
declaration can be the sole basis of conviction subject to certain precautions”.
10 CO3
What are these precautions? Explain with the help of relevant provisions and
decided judgements.
Q7 Hearsay evidence is not admissible. Explain. What are the exceptions to this
10 C04
general rule?

SECTION-C
Q8 Primary evidence is known as Rule of best evidence. Also, state the

circumstances wherein secondary evidence relating to document can be
10 C03
produced in the Court. Cite relevant provisions given under The Indian Evidence
Act, 1872.
Q9 A, an accused of an offence of murder state before a police officer that “the knife
by which I have killed B has been hidden by me in thatch, which I can show”.
On this information, the police officer discovered the said knife from thatch on
10 C04
which human blood is detected. Is the whole statement given by the accused
admissible in evidence? If not, what part/parts are admissible in evidence? Give
reasons.
SECTION-D
Q10 In this case, the deceased (decd.) wife Anita passed away after sustaining severe
burn injuries on her body. Charges were framed against the husband and his
parents; however, the parents were acquitted, as there was no prima facie case
that could be made against the parents. After the incident, the wife was first taken
to a village hospital where the medical official noted a history of accidental burns
as Anita stated that she suffered burns due to the flames of the earthen pot, totally
contradicting her claims in the subsequent declarations made to the ASI, Naib-
Tehsildar and her father. The wife later stated in her dying declarations that after
25 C04
marriage; initially she was treated well by the husband’s family. But after the
birth of their youngest son, the husband started doubting her chastity and would
often beat her up. On one such occasion when the husband was beating her, she
cried loudly because of which her husband poured kerosene oil on her, set her
ablaze and then locked the door from outside and went away. It was the parents
who, along with one neighbor, came inside and help put out the fire and upon
arrival of the husband after some time, took the deceased wife Anita to a nearby
rural hospital. Decide the case with proper reasoning and supporting case laws.
Q11 Lawrence is charged with arson. The allegation is that he burned down his golf
store because he was losing money. He could not compete with the golfing giant
that had opened a large store nearby. It was estimated that the fire started around
10:00 pm. The fire examiner’s office could not determine the cause of the fire.
Lawrence’s defense is that the cause was accidental. In his statement to the
police taken over a thirty-minute period the day after the fire, he told the
investigating detective that he remembered smoking a cigar that night as he was 25 C04
reviewing his books and it must not have been put out. He went home that night
shortly before 10:00 pm. He vehemently denied starting the fire. The statement
was taken by one officer and there were no breaks during the interrogation. The
statement was videotaped. Lawrence does not have a criminal record. Please
provide answers to the following questions that have arisen during the trial. The
Prosecution wants to lead evidence that Lawrence owes over Rs. 100,000 in

debts in relation to his golf store. The defense objects to this evidence on the
basis that the issue is who set the fire not Lawrence’s ability to manage his
finances. How will the prosecution respond?

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Evidence Law Teaching Plan

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Format No. QSP/7.1/01.

COMMON COURSE PLAN

Program : B.Tech LLB ET IPR/ BT CS LLB CL

UPES Campus Tel : +91-135-2770137

SUBJECT: Law of Evidence COURSE: B.Tech LLB ET IPR/ BTECH CS LLB

DURATION: Aug- Dec, 2019 SUBJECT CODE: LLBL 121

 To make them understand regarding different kinds of evidence

SCHOOL OF LAW Aug- Dec 2019

SCHOOL OF LAW Aug- Dec 2019

Students will be able to ✓ ✓ ✓

Course’s Continuous Continuous Continuous Continuous Continuous

SCHOOL OF LAW Aug- Dec 2019

Student will be able to analyse ✓ ✓ ✓ ✓

Student will be able to explain ✓ ✓ ✓ ✓

Student will be able to explain ✓ ✓ ✓

It has 6 modules which are as follows:

 DEFINITION AND RELEVANCY OF FACTS

 DEFINITION OF ADMISSION AND RELEVANCY

 DEFINITION OF CONFESSION AND RELEVANCE OF CONFESSIONS (SECTIONS 24-

 OF DOCUMENTARY EVIDENCE (SECTIONS 61-73).

 PRODUCTION AND EFFECT OF EVIDENCE.

 EXAMINATION OF WITNESSES (SECS. 135 - 166) WITH SPECIAL REFERENCE TO

SCHOOL OF LAW Aug- Dec 2019

Work in small groups for Group Projects and personalized teaching

 Presentations (Paper/Group Project)

E. COURSE COMPLETION PLAN

EVALUATION & GRADING

Description Weight age Schedule

1. Continuous Assessment 30% Detailed Below

2. Mid term Exam 20% Academic Calendar

3. End term Exam 50% Academic Calendar

Description Weight age Schedule:-

1. Continuous Assessment 30% Detailed Below

SCHOOL OF LAW Aug- Dec 2019

a) Class Presentation/ Participation

b) Projects Work/ Article writing / Courtroom exercise-Weightage 40 %

Mid- Sem Examination: 20% Weightage

End -Sem Examination: 50% Weightage

Section D-Application based Case study (2 to 5 questions) -50 marks

SCHOOL OF LAW Aug- Dec 2019

DETAILED SESSION PLAN

SESSION TOPIC READINGS PEDAGOGY

INTERNAL ASSESSMENT- PROJECT

1. The Law of Evidence, by

SCHOOL OF LAW Aug- Dec 2019

Henry & Wigmore, p192-256

SCHOOL OF LAW Aug- Dec 2019

p340-391  Chalk & Talk

 Chalk & Talk

1. The Law of Evidence, by  Chalk & Talk

SCHOOL OF LAW Aug- Dec 2019

p790-881  Chalk & Talk

p882-991  Chalk & Talk

Henry & Wigmore, p1031-1097

Henry & Wigmore, p1098-1178

Henry & Wigmore, p1179-1267

Henry & Wigmore, p1268-1351

Types of Examinations. Henry & Wigmore, p1352-1411

1. The Law of Evidence, by

Henry & Wigmore, p1412-1498

Henry & Wigmore, p1499-1559

INTERNAL ASSESSMENT:VIVA VOCE

G. Background to the Evidence Act