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Central University of Bihar School of Law and Governance Subject: Law of Evidence Code-Law 252 B.A.LL.B (HONS.) & B.SC - LL.B (HONS.)
Central University of Bihar School of Law and Governance Subject: Law of Evidence Code-Law 252 B.A.LL.B (HONS.) & B.SC - LL.B (HONS.)
SEMESTER- IV
FACULTY:
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LAW OF EVIDENCE
The aim of the course is that students should acquire proficiency in law of evidence. Student
must have an informed understanding about the theoretical base and practical context of use
of law of Evidence. They must be able to appreciate facts, their relevancy, and examination
of witnesses, examining documents, appreciation of various kinds of evidence and lawyerly
acumen in dealing with all these aspects. Thrust area of course is to inculcate clear arguments
regarding facts and principle of evidence in the potential lawyers.
Evaluation Scheme:
Continuous Assessment 30 Points
Attendance 5 Points
Midterm 15 Points
End Term 50 Points
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Module I – General Issues Relating to Law of Evidence
Case Laws:
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Relevancy & Admissibility, S. 5 & Ss. 5 to 55
Logically relevant facts; Res gestae – Ss. 5-9,11
Facts forming part of same transactions, s. 6
Facts constituting cause, occasion and opportunity, s. 7
Facts constituting motive and conduct, s. 8.
Explanatory facts, s. 9
Special class of relevant facts relating to Conspiracy- section 10
Plea of alibi, s. 11
Test Identification Parade (TIP)
Case Laws:
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54. Satbir v. State of Haryana, AIR 1981 SC 2074
Case Laws:
56. K.M. Singh v. Secretary, Association of Indian Universities AIR 1992 SC 1356
59 M/s Central Coal Fields Ltd. v. M/s Mining Construction, (1982) 1 SCC 415
60. Bharat Singh v. Bhagirathi, AIR 1966 SC 405
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71. BhuboniSahu v. The King, AIR 1949 PC 257
92. State of Himachal Pradesh v. Jet Singh (1999) SCC (Crl) 539
SCC 254
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97. Sanwat Khan v. State of Rajasthan, AIR 1956 SC 54
Case Laws:
108. Munnu Raja v. The State of Madhya Pradesh, AIR 1976 Sc 2199
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117. Bhim Singh v. Kansingh, AIR 1980 Sc 727
Expert Opinion
Who is expert?
Opinion of Third Person when relevant
Thumb-impression experts; Finger Prints; Opinion of Expert Trackers; Foot Prints;
Court acting as an expert
Case Laws:
121. Ramesh Chandra Agrawal v. Regency Hospital Ltd., AIR 2010 SC 806
124. Unites States Shipping Board v. Ship “St. Albans”, AIR 1931 PC 189
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Facts which need not to be proved – sections 56-58
Facts which the parties are prohibited from proving – Doctrine of Estoppel -
sections 115-117
Privileged Communications – sections 122-129
B. Documentary Proof
Oral and documentary evidence – sections 59-78
Exclusion of oral by documentary evidence – sections 91-92
C. Presumption
Presumption of Facts
Rebuttable presumption
Irrebuttable presumption
Sections 4,41,105,111-A, 112, 113-A,113-B, 114 and 114-A.
Case Laws:-
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Dumb Witness- section 119
Hostile Witness – section 154
Examination, cross-examination and re-examination- sections 137-139, 155.
Irregularities during examination of witnesses, s. 460-465 Cr.P.C
Rule against compulsive witness; recording of evidence; examination under section
313, 315 of Cr.P.C
False testimony
Appreciation of evidence and ‘role of judge’
Case Laws:
145. State of Rajasthan v. Smt. Kalki and Anr., AIR 1981 SC 1390
146. Krishna Mochi and Ors. v. State of Bihar etc. JT 2002(4) SC 186
IMPORTANT NOTE:-
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The topics and cases given above are not exhaustive. The teachers teaching the
course shall be at liberty to add new topics/cases.
The students are required to study the legislations as amended up-to-date and
consult the latest editions of books.
Relevant Statues:
Books:
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