Law of Evidence

I. Answer the following questions:

1. Explain the doctrine of “Res Gestae” with the help decided cases.
2. When facts showing existence of state of mind or bodily feeling becomes relevant?
3. Define admissions & state when the statements of third person are admission.
4. Discuss the cases in which statement of relevant fact by person who is dead or cannot be found are
relevant under the Indian Evidence Act.

II. Short note

1. Distinguish between “Relevant Fact” and “Fact in Issue”.

2. Confession

3. Expert opinion

4. The question is whether ́Á robbed ́B́ Does the fact that shortly before robbery ́B́ went to a fair with
money in his possession and showed it to third person become relevant?

IPR – II

I. Answer the following questions

1. What do you mean by infringement of copyright? What are the remedies available for infringement
of copyright?

2. Copyright is a “Bundle of Rights”. Describe various rights enjoyed by an owner of copyright.

3. What is copyright? Explain the Salient Features of Copyright Act.

4. Define Bio - Diversity & explain the objectives of Bio - Diversity Act.

II. Short notes̤

1. Copyright Board

2. Compulsory licenses in copyright.

3. Trace the difference between the Bio – Diversity & traditional knowledge.

4. An architect creates a certain design for multi-storey building. Can the contractor who construct the
Building claim copyright in design ?

Land Law

I. Answer the following questions

1. What is Social Impact Assessment & Environmental Impact Assessment? Why is this included in
Land Acquisition Act of 2013?

2. Explain the salient features of Land Acquisition Rehabilitation & Resettlement Act of 2013.

3. What is consolidation of Land under Karnataka Prevention of Fragmentation & Consolidation of Land
holding Act of 1966. Explain its objectives?

4. What are the functions & duties of Promotors under Real Estate Act 2016?
II. Short note.

1. Deemed tenant

2. Record of rights

3. Co-operation farming

4. Alluvial Land

Environmental Law

I Essay questions

1.What is pollution? How urbanization and industrialization is causing environmental degradation? Explain.

2.Explain the Ancient Indian Environmental Ethics.

3.What are the different provisions of the Indian Constitution concerning the Protection of Environment?

4.Define the term ‘pollution’ and explain the different kinds of pollution.

II Short notes

1.National Environmental policy.

2.Write a note on Environment.

3.Write a note on global warming.

4.Noise Pollution.

5. Eco system.
Meaning of Res Gestae:
The term 'Res' is a Latin word which means "thing" and the expression "Res Gestae" literally which means
“the thing done, a subject matter, a transaction or essential circumstances surrounding the subject". In the
law of evidence, it means things done including words spoken, forming part of the same transaction. There is
a fact story behind every case before the court of law. In (fact story) contains certain acts, omissions or
statements, which are not in issue but are capable of throwing some light on the nature of the transaction
revealing its true quality and character. Such acts, omissions, or statements from part of the same
transaction in issue and are allowed to be proved.

Definition of Res Gestae:

Halsbury defines 'Res gaste' as "Facts which form part of the res gestae and are
consequently provable as facts relevant to the issue ; include acts , declarations and incidents which
themselves constitute or accompany and explain the facts or transaction in issue.

S. 6 embodies the rule of Admission of Evidence know as Res gestae. This phrase means simply a
transaction, thing done, subject matter Res gestae of any case properly consist of that portion of actual
happening of the world out of the rights or liability, complained or asserted in the proceeding, necessarily,
arise. The principle underlying S. 6, is sometimes termed as Res gestae. This phrase of Res gestae is well
established in the law of Evidence. This phrase has been used in two senses. In the restricted senses it means
world's happening out of which the right or liability in question arises. In the wider sense it covers all the
probative facts by which res gestae are reproduced to the tribunal where the Direct Evidence of witness or
perception by the Court are unattainable. In restricted meaning Res gestae imports the conception of action
by some person producing the effects for which the liability is sought to be enforced an action. To be clear,
in the restricted sense "facts which constitute the res gestae must be such as so connected with the very
transaction or fact under investigation as to constitute a part of it." Whatever act or series of acts constitute,
or in point of time immediately accompany and terminate in. The principle Act charged as an offence against
the accused from its inception to its consummation and whatever may be said by either of the parties during
the continuance of the transaction, with reference to it, including herein what may be said by the suffering
party, though in absence of the accused during the continuance of the action or the latter, from part of the
principle transaction and may be given in Evidence as part of Res gestae of it. While, on the other hand,
statements made by the complaining party, after all action on the part of wrong-doer has ceased and some
time has elapsed do not form part of Res gestae and should be excluded.

The acts and Declarations accompanying the transaction or the facts in issue are treated as Res gestae
and admitted in Evidence. But the fact deposed must form part of the transaction and must be made at the
same time with the act immediately after it.

Relevant Case Law:

Supreme Court in Punjabrao v. D P Meshram, AIR 1965 SC 1179, held that the Evidence of the conversion of
a member of Scheduled Caste to Buddhism may be Corroborated by the Evidence of his conduct subsequent
to his conversion. In Pershadi v. State , AIR 1957 SC 211, held that in a case of murder soon after the murder
the accused who had earlier held out of a threat to the victim told the father of the victim that he had a hand
in this appearance of the accused, is Admissible u/s. 6 of the Indian Evidence Act.

Supreme Court in Chander Kala v. Ram Kishan, AIR SC 1268, held that when the complainant narrated
the incident to the relative of the deceased and he deposed to that effect in Court, such Evidence
is Admissible in Evidence.

In state of Andhra Pradesh v. Panna Satyanarayan, AIR 2000 SC 2138 , held that when the accused
murdered his wife and daughter, the statement by the father of the deceased wife that father of the accused
told him on telephone that his son has killed the deceased. Absence of a finding as to whatever information
given by accused's father to the deceased's father that the accused had killed the deceased was either of the
time of commission of the crime or immediately thereafter. So as to form the part of the same transaction,
the statement cannot be considered as relevant u/s. 6.

In Mahendra pal v. State, AIR 1955 All. 328, the place where a murder was committed by number of
persons apart from the deceased and witnesses. Those came up immediately after and were informed by the
eye witnesses as to who the two culprits had been. The statements of those persons were held to be
Admissible u/s, 6.
Conditions:
A Statement to be admissible under Section.6, the following conditions are to be satisfied:
1) The statement must be a statement of fact and not opinion
2) The statement must have been made by a participant or witness of the transaction.
3) The statement made by bystander is Admissible, if he was present at the scene of the offense.
4) The statement must explain, elucidate or characterize the incident in the same manner.
Admission under Indian Evidence Act 1872
INTRODUCTION
Admission is defined under Section 17 of the India Evidence Act, 1872 as a statement made by witnesses
which shows inference to any fact in issue or relevant fact in a case. According to this Section, Admission can
be in the form of a document, oral statement or may be contained in an electronic form.
Admission in the Indian Evidence Act is dealt under Sections 17 to 31. Sections 17 to 23 deal with general
admission whereas Sections 24 to 31 deal with Confession. A Confession is an admission of guilt by the
accused in a criminal case.
SECTION 18- WHO CAN MAKE AN ADMISSION
Section 18 of the Indian Evidence Act lays down the rules regarding as to who can make an admission.
According to this section, there are five classes of persons whose statements will be considered as an
admission in a suit. These five classes are:-
BY PARTIES TO PROCEEDINGS: The statements made by the parties to a proceeding as against himself is
considered as a relevant admission. Under this Section, the term ‘parties’ not only means the persons who
appear on the record in that capacity but also includes those persons who are parties to a suit without
appearing. Persons who have an interest in the subject matter of the suit but are not parties on the record
are also considered as parties in the proceedings and their statements have the same relevancy as the
parties on record. Similarly, a person who although appears as a party on the record but has no real interest
in the subject matter will not have any effect through his admission as against the person he is appearing on
behalf of.
ADMISSION BY THE AGENT: The statements made by an agent in a suit would be admissible as against the
person he is representing. The statements made by an agent are, however, binding only when they are made
during the continuance of his agency. So, when the agent’s right to interference has come to an end any
statement made by him after that will not have any effect on the principal.
STATEMENTS MADE IN REPRESENTATIVE CHARACTER: When a person such as trustees, administers,
executors etc., sue or are sued in a representative character, any statement made by them will only be
admissible if made in their representative character. Any declarations made by them in their personal
capacity will not be taken as an admission.
PERSONS INTERESTED IN THE SUBJECT-MATTER: In any such suit where several persons are interested
jointly in the subject-matter of the suit, then any admission made by anyone of the parties will be taken as
an admission against himself as well as the other parties jointly interested in the subject matter. It does not
matter whether the persons jointly interested in the subject-matter are suing or being sued jointly or
separately. However, for this rule to apply there has to be prima facie foundation showing that joint interest
exists between the parties suing or being sued.
PERSONS FROM WHOM THE PARTIES DERIVE INTEREST: Any statement made by the predecessor-in-title
from who the party to the suit derives his title will be admissible. But this will only be held as an admission if
the predecessor-in-title made the declaration while still holding the title and not after the title has been
transferred. The statement made by the former owner will not be considered as an admission as against the
parties if it was made title has been passed.
SECTION 19- ADMISSION BY PERSONS WHOSE POSITION MUST BE PROVED AS AGAINST PARTY TO SUIT
As general rule statements made by a third party to a suit are not considered as admissions but Section 19 is
an exception to this rule. Section 19 refers to the statements made by a third party as against himself when
it affects his position or liability and when such liability or position is relevant to be proved as against the
party to the suit. The statements made by the third party, in this case, would only be relevant if the liability
or position of that third party still exists at the time of the suit.

Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or
who has become incapable of giving evidence, or whose attendance cannot be procured without an
amount of delay or expense which under the circumstances of the case appears to the Court unreasonable,
are themselves relevant facts in the following cases: ––
(1) When it relates to cause of death. –– When the statement is made by a person as to the cause of his
death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which
the cause of that person’s death comes into question. Such statements are relevant whether the person
who made them was or was not, at the time when they were made, under expectation of death, and
whatever may be the nature of the proceeding in which the cause of his death comes into question.
(2) or is made in course of business. –– When the statement was made by such person in the ordinary
course of business, and in particular when it consists of any entry or memorandum made by him in books
kept in the ordinary course of business, or in the discharge of professional duty; or of an
acknowledgement written or signed by him of the receipt of money, goods, securities or property of any
kind; or of a document used in commerce written or signed by him; or of the date of a letter or other
document usually dated, written or signed by him.
(3) or against interest of maker.–– When the statement is against the pecuniary or proprietary interest of
the person making it, or when, if true, it would expose him or would have exposed him to a criminal
prosecution or to a suit for damages.
(4) or gives opinion as to public right or custom, or matters of general interest. –– When the statement
gives the opinion of any such person, as to the existence of any public right or custom or matter of public
or general interest, of the existence of which, if it existed, he would have been likely to be aware, and
when such statement was made before any controversy as to such right, custom or matter had arisen.
(5) or relates to existence of relationship.–– When the statement relates to the existence of any
relationship 1 by blood, marriage or adoption between persons as to whose relationship 1 by blood,
marriage or adoption the person making the statement had special means of knowledge, and when the
statement was made before the question in dispute was raised.
(6) or is made in will or deed relating to family affairs.–– When the statement relates to the existence of
any relationship 1 by blood, marriage or adoption between persons deceased, and is made in any will or
deed relating to the affairs of the family to which any such deceased person belonged, or in any family
pedigree, or upon any tombstone, family portrait or other thing on which such statements are usually
made, and when such statement was made before the question in dispute was raised.
(7) or in document relating to transaction mentioned in section 13, clause (a). –– When the statement is
contained in any deed, will or other document which relates to any such transaction as is mentioned in
section 13, clause (a).
(8) or is made by several persons and expresses feelings relevant to matter in question. –– When the
statement was made by a number of persons, and expressed feelings or impressions on their part relevant
to the matter in question.
Illustrations
(a) The question is, whether A was murdered by B; or
A dies of injuries received in a transaction in the course of which she was ravished. The question is
whether she was ravished by B; or
The question is, whether A was killed by B under such circumstances that a suit would lie against B by
A’s widow.
Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape
and the actionable wrong under consideration, are relevant facts.
(b) The question is as to the date of A’s birth.
An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that, on a
given day he attended A’s mother and delivered her of a son, is a relevant fact.
(c) The question is, whether A was in Calcutta on a given day.
A statement in the diary of a deceased solicitor, regularly kept in the course of business, that on a given
day the solicitor attended A at a place mentioned, in Calcutta, for the purpose of conferring with him
upon specified business, is a relevant fact.
(d) The question is, whether a ship sailed from Bombay harbour on a given day.
A letter written by a deceased member of a merchant’s firm by which she was chartered to their
correspondents in London, to whom the cargo was consigned, stating that the ship sailed on a given day
from Bombay harbour, is a relevant fact.
(e) The question is, whether rent was paid to A for certain land.
A letter from A’s deceased agent to A, saying that he had received the rent on A’s account and held it at
A’s orders is a relevant fact.
(f) The question is, whether A and B were legally married.
The statement of a deceased clergyman that he married them under such circumstances that the
celebration would be a crime, is relevant.
(g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The fact
that a letter written by him is dated on that day is relevant.
(h) The question is, what was the cause of the wreck of a ship.
A protest made by the Captain, whose attendance cannot be procured, is a relevant fact.
(i) The question is, whether a given road is a public way.
A statement by A, a deceased headman of the village, that the road was public, is a relevant fact.
(j) The question is, what was the price of grain on a certain day in a particular market.
A statement of the price, made by a deceased banya in the ordinary course of his business, is a relevant
fact.
(k) The question is, whether A, who is dead, was the father of B.
A statement by A that B was his son, is a relevant fact.
(l) The question is, what was the date of the birth of A.
A letter from A’s deceased father to a friend, announcing the birth of A on a given day, is a relevant fact.
(m) The question is, whether, and when, A and B were married.
An entry in a memorandum book by C, the deceased father of B, of his daughter’s marriage with A on a
given date, is a relevant fact.
(n) A sues B for a libel expressed in a painted caricature exposed in a shop window. The question is as to
the similarity of the caricature and its libellous character. The remarks of a crowd of spectators on these
points may be proved.

Facts at Issue Relevant facts

1) A fact in issue is the ultimate facts in A relevant fact is which helps to prove/disprove
dispute, i.e., “principal facts” or “factum the facts at issue, i.e., “evidentiary fact” or
probandum”. “Factum probandi”.

2) Facts at issue are significant in nature Relevant facts are non-significant.

3) The facts at issue are the basis of the

They are part of the law of evidence.
“law of evidence”.

4) These are confirmed by one party but The relevant facts are the foundation of the
denied by the other party. inferences made. [iii]

confession appears for the first time in Section 24 of the Indian Evidence Act.

“Confession”
The word “confession” appears for the first time in Section 24 of the Indian Evidence Act. This section comes under
the heading of Admission so it is clear that the confessions are merely one species of admission. Confession is not
defined in the Act. Mr. Justice Stephen in his Digest of the law of Evidence defines confession as “confession is an
admission made at any time by a person charged with a crime stating or suggesting the inference that he committed
that crime.”

In Pakala Narayan Swami v Emperor Lord Atkin observed

“ A confession must either admit in terms the offence or at any rate substantially all the facts which constitute the
offence. An admission of a gravely incriminating fact, even a conclusively incriminating fact is not in itself a
confession”.

Who Is An Expert:
An expert is a person who has been trained or is skilled or has knowledge, experience, or education in technical or
scientific and capable of drawing opinions and conclusions from the facts observed by him or noticed by the others.

For example: If the murder weapon is unknown, the court may call a forensic expert to clarify what the weapon was
by observing the sustained injury is relevant. Also, a ballistic expert's opinion on a particular gun used as a murder
weapon concerning the unique markings is relevant.

In the case, State of Himachal Pradesh Vs. Jai Lal and others it was held that an expert has to be cross examined in
the court along with providing opinion as assigned also some functions of experts were stated.

Prerequisites of an expert evidence:

In the case of Ramesh Chandra Agrawal Vs. Regency Hospital Ltd. & Ors. The court laid some requirements of the
opinion of an expert also the court stated that the opinion of expert is out of knowledge of any layman.

The requirements are as follows:

A. Expert must be within recognized field of expertise,

B. An opinion must follow reliable principles,
C. Expert must be qualified in discipline.

Duties

1. An expert is supposed to advice the judge to come to conclusion independently

2. His evidence must be advisory,
3. The expert evidence is not the fact of the case.

Types of expert witness:

A. Medical:
There are many medical experts who are called by the court to provide their opinion on criminal cases such
as rape and murder cases. Medical expert opinion contains the opinion of doctors, nurses, laboratory
assistants

B. Accounting and securities:

These experts are necessary when there is fraud, misappropriation, breach of obligations in customer-seller
relationships also when any bank engages with fraud.

C. Forensic:
Forensic expert play a major role than any other expert in criminal cases.
A forensic expert may be a biologist or a psychologist. Most of the law agencies employ a forensic expert so
that he/she can be an expert witness whenever court requires.

D. Vocational:
Vocational expert does not need to have special knowledge or skill. They just have to provide information
on the fact that a particular employee who is stated as disabled can work or not.

E. Mental health
Mental health experts are called to provide opinion on the mental fitness of a person.

Opinion of expert:
A belief or judgment given by an expert in a subject is an expert opinion.

Section 45 states that when the court has to form an opinion about:
1. Foreign law,
2. Of science or art,
3. Identity of handwriting,
4. Identity of Finger impressions

Section 7 in The Indian Evidence Act, 1872

7. Facts which are the occasion, cause or effect of facts in issue.—Facts which are the occasion, cause, or
effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things
under which they happened, or which afforded an opportunity for their occurrence or transaction, are
relevant. Illustrations

(a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with
money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are
relevant.