SEM VI Law of Evidence – Unit V Class Notes

Witness, Examination and Cross Examination

Competence to testify (Sections 118 to 120)

Privileged communications (Sections 121 to 128)

General principles of examination and cross examination (Sections 135 to 166)

Leading questions (Sections 141 – 145)

Approver’s testimony (Section 133)

Hostile witnesses (Section 154)

Compulsion to answer questions (Sections 147, 153)

Questions of corroboration (Sections 156-157)

Improper admission of evidence


SEM VI Law of Evidence – Unit IV Class Notes

Burden of Proof

The general conception of onus probandi (Section 101)

General and special exception to onus probandi (Sections 102-106)

The justification of presumptionand burden of proof (Sections 107 to 114) with special reference to presumption to legitimacy of child and presumption as to dowry death

Doctrine of judicial notice and presumptions

Estoppel: Scope of Estoppel

Introduction as to its rationale (Section 115)

Estoppel distinguished from Res judicata

Waiver and Presumption

Kinds of Estoppel

Equitable and Promissory Estoppel

Tenancy Estoppel (Section 116)


SEM VI Law of Evidence – Unit III Class Notes

Character evidence

Meaning – Evidence in Civil Criminal cases

English Law (Sections 52-55)

Oral and documentary Evidence

Introduction on Proof of facts

General principles concerning Oral Evidence (Sections 59-60)

General principles concerning documentary; Evidence (Sections 61-90)

General principles regarding exclusion by evidence (Sections 91-100)


SEM VI Law of Evidence – Unit II Class Notes

Relevancy and admissibility of confessions

Admissibility of information received from an accused person in custody

Confession of co-accused (Sections 24 to 30)

Admitted facts need not be proved (Section 58)

Dying declaration

Justification for relevance

Judicial standards for appreciation of evidentiary value – Section 32

(1) with reference to English Law

Other statements by persons who cannot be called as witnesses (Sections 32 (2) to (8), 33)

Statement under special circumstances (Sections 34 to 39)

Relevance of judgments

General principles – Fraud and collusion (Sections 40 to Sec. 44)

Expert testimony: General principles (Sections 45 – 50)

Who is an expert

Types of expert evidence

Problems of judicial defence to expert testimony


SEM VI Law of Evidence – Unit I Class Notes


Distinction between substantive and procedural law

Conceptions of evidence in classical Hindu and Islamic Jurisprudence

Evidence in customary law systems (Non-state law)

Introduction to the British ‘Principles of Evidence’

Legislations dealing with evidence (other than Indian Evidence Act) with special reference to CPC, Cr.P.C., Bankers Book Evidence Act, Commercial Document Evidence Act, Fiscal and revenue Laws

Salient features of the Indian Evidence Act, 1861

Applicability of the Indian Evidence Act

Central Conceptions in Law of Evidence

Facts – Facts in issue and relevant facts

Evidence – Circumstantial and direct evidence

Presumptions, proved, disproved, not proved Witness

Appreciation of evidence

Relevancy of Facts

Facts connected with facts in issue

Doctrine of Res gestae

Sections6, 7, 8 and 9 of Evidence Act

Evidence of Common Intention – Section 10

Relevancy or otherwise irrelevant facts

Facts to prove right or custom – Section 13

Facts concerning state of mind/state of body or bodily feelings (Sections 14 and 15)

Relevancy and admissibility of admissions

Privileged admissions evidentiary value of admissions (Sections 17 to 23)