Format approved by the Academic Review Board, JGLS

COURSE MANUAL
Law of Evidence: Bharatiya Sakshya Adhiniyam

Fall 2024
(AY 2024-25)

Instructors
Aneela Fatima
Arpan Acharya
Digvijay
Divya Sridhar
Ishan Vijay Avadhanam
Jayanti Singh
Jennifer Cherian
Malvika Seth
Manya Pundhir
Reigha Yangzom
Surodeep Sanyal
Utkarsh Mishra
Vaibhav Chadha

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CONTENTS

PART I
General Information…………………………………………………………………..……Page 3

PART II

a. Course Description………………………………………………..……………..……Page 4

b. Course Aims………………………………………………………………….………..Page 4

c. Intended Leaning Outcomes ………………………………………………..….........Page 4

d. Grading of Student Achievement………………………………………………........Page 5

PART III
a. Keyword Syllabus………………………………………………………..……………Page 7
b. Course Policies…………………………………………………………..……..……..Page 7

PART IV

a. Weekly Course Outline …………………………………………..…………............Page 10

b. Readings…………………………………………………………………..……………Page 11

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PART I

General Information

General Information on, Law of Evidence, offered by Jindal Global Law School
of the AY 2023-24

The information provided herein is by the Course Coordinator. The following information
contains the official record of the details of the course.

This information shall form part of the University database and may be uploaded to the
KOHA Library system and catalogued and may be distributed amongst ____ year Law
students for B.A. (Hons) in Legal Studies; 3rd year students of B.A.LL.B./B.B.A.LL.B.; 2nd
year students of LL.B.; ___LL.M. courses if necessary.

Course Law of Evidence: Bharatiya Sakshya

Title: Adhiniyam
Course
Code: L-CT-0011
Course
Duration: One Semester
No. of Credit
Units: 4
Level
: B.A.LL.B, B.B.A. LL.B., LL.B., B.Com.LL.B.
Medium of
Instruction: English

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PART II

a. Course Description
The course is a basic overview of the concepts of the law of evidence in India taught
through the new evidence act (Bharatiya Sakshya Adhiniyam, 2023) alongside the old
evidence act, Indian Evidence Act, 1872.. The focus is on the theory of relevancy,
admissibility of evidence and factors that impact the evidentiary value of evidence. The
course also looks at various kinds of witnesses and how the court interacts with them to
arrive at the evidentiary value. Other rules of presumption and barring of evidence due to
privilege will also be discussed.

b. Course Aims

This course is
 An introductory course on law of evidence which is one of the most fundamental
branches of law.
 An elementary course aiming at developing the capabilities to understand and apply the
general principles of relevancy and admissibility.
 Structured in a fashion to encourage the students to appreciate the underlying principles
of law of evidence. The course serves a dual purpose- One, to technically equip students
to be able to read the legal text and apply the same in actual cases. Second, the course
aims to scrutinize certain areas of evidence critically so as to infuse the spirit of
questioning and law reforms.
 By no means exhaustive in its scope. It only covers certain selected principles and a
selection of sections primarily, but not only, of the BSA, 2023, so as to provide a taste of
this subject to strengthen your basics for your future legal career.
 Due to the limitation of time certain topics are added to be discussed only elementarily in
the class. The purpose for this is an attempt to at least cover maximum possible areas that
may accost the students in their professional career.
 An attempt will be made to understand the controversies that are a part and parcel of
evidence law along with a careful study of bare act.

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c. Intended Learning Outcomes

Course Intending Weight Teaching and Learning Assessment

Learning Activities Tasks/Activities
Outcomes

Clear understanding of the 70%  Internal

Sections of Bharatiya assessments may
Sakshya Adhiniyam, 2023 include mid-term
and the Indian Evidence tests and research
Act, 1872. Including an In class lectures with a based papers.
understanding of the focus on legal  Individual
substantive concepts provisions and instructors can
discussed in the legal substantive concepts. plan other
provisions assessments as
Discussion on case laws per the
Clarity in application of to better understand requirement
legal provisions to fact practical application of
based situations. the provisions.

Critical understanding of 30% Tutorials and class  Research and

contemporary discussions. discussion based
controversies and assessments
discussion on need for
amendments/clarification
s within the law.

d. Grading of Student Achievement1

To pass this course, students must obtain a minimum of 40% in the cumulative aspects of
coursework, e.g. moot, and final examination. End of semester exam will carry 50 marks
out of which students have to obtain a minimum of 15 marks to fulfil the requirement of
passing the course.
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Under extraordinary circumstances, the JGU Academic Council or the JGU Deans’ Council can suspend Clause D
or make it optional. If Clause D is suspended, the policy which will be framed by the School based on the decision
of the said bodies will supersede Clause D. However, whether a situation is extraordinary or not will be decided by
the said bodies only.

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The details of the grades as well as the criteria for awarding such grades are provided below.

Letter Percentage Grade Definitions

Grade Of marks
O 80% and above Outstanding Outstanding work
with strong
evidence of
knowledge of the
subject matter,
excellent
organizational
capacity, ability to
synthesize and
critically analyse
and originality in
thinking and
presentation.
A+ 75 to 79.75% Excellent Sound knowledge
of the subject
matter, thorough
understanding of
issues; ability to
synthesize
critically and
analyse
A 70 to 74.75% Good Good
understanding of
the subject matter,
ability to identify
issues and provide
balanced solutions
to problems and
good critical and
analytical skills.
A- 65 to 69.75% Adequate Adequate
knowledge of the
subject matter to
go to the next level
of study and
reasonable critical
and analytical
skills.
B+ 60 to 64.75% Marginal Limited knowledge
of the subject
matter, irrelevant

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use of materials
and poor critical
and analytical
skills.
B 55 to 59.75% Poor Poor
comprehension of
the subject matter;
poor critical and
analytical skills
and marginal use
of the relevant
materials.
B- 50 to 54.75% Pass “Pass” in a pass-
fail course. “P”
indicative of at
least the basic
understanding of
the subject matter.

NEW COURSE LETTER GRADES AND THEIR INTERPRETATION

Letter
Percentage Grade
Grad Interpretation
of Marks Points
e
Pass 1: Pass with Basic understanding of the
P1 45 - 49 2
subject matter.
Pass 2: Pass with Rudimentary understanding of
P2 40 - 44 1
the subject matter.
Fail: Poor comprehension of the subject matter;
poor critical and analytical skills and
F Below 40 0
marginal use of the relevant materials. Will
require repeating the course.
‘P’ represents the option of choosing between
Pass/Fail grading system over the CGPA grading
system in the COVID 19 semester in Spring
P Pass P
2020. The option is provided when students
attain a minimum of 40 percentage marks under
the current grading structure in a given subject.
Extenuating circumstances preventing the
student from completing coursework assessment,
or taking the examination; or where the
Assessment Panel at its discretion assigns this
I Incomplete I
grade. If an "I" grade is assigned, the
Assessment Panel will suggest a schedule for the
completion of work, or a supplementary
examination.

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PART III

a. Keyword Syllabus
Bharatiya Sakshya Adhiniyam - Indian Evidence Act – Theory of Relevancy –
Admission – Confession – Dying Declaration – Burden of Proof – Documentary
Evidence – Oral Evidence – Expert Evidence – Estoppel – Examination and Cross
Examination of Witnesses – Privileged Communication – Evidentiary Presumptions

b. Course/Class Policies: To be added by the instructor

Cell Phones, Laptops and Similar Gadgets

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we have
learned, and how reading and learning from others have helped us shape our own ideas. Even our
own ideas demand an acknowledgement of the sources and processes through which those ideas
have emerged. Thus, all ideas must be supported by citations. All ideas borrowed from articles,
books, journals, magazines, case laws, statutes, photographs, films, paintings, etc., in print or
online, must be credited with the original source. If the source or inspiration of your idea is a
friend, a casual chat, something that you overheard, or heard being discussed at a conference or
in class, even they must be duly credited. If you paraphrase or directly quote from a web source
in the examination, presentation or essays, the source must be acknowledged. The university has
a framework to deal with cases of plagiarism. All form of plagiarism will be taken seriously by
the University and prescribed sanctions will be imposed on those who commit plagiarism.

Disability Support and Accommodation Requirements

JGU endeavors to make all its courses accessible to students. All students with any known
disability needing academic accommodation are required to register with the Disability Support
Committee [email protected]. The Committee has so far identified the following conditions that
could possibly hinder student’s overall well-being. These include: physical and mobility related
difficulties; visual impairment; hearing impairment; medical conditions; specific learning
difficulties e.g. dyslexia; mental health.

The Disability Support Committee maintains strict confidentiality on the matters under its
purview. Students should preferably register with the Committee during the month of
June/January as disability accommodation requires early planning. DSC will coordinate all
disability related services such as appointment of academic mentors, arranging infrastructural
facilities, and course related requirements such as special lectures, tutorials and examinations.

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All faculty members are requested to refer students with any of the above-mentioned conditions
to the Disability Support Committee for getting them disability-related accommodation. Faculty
members are also requested to be sensitive to the needs of such students and cooperate with
Disability Support Committee and the School, extending students the necessary support by
maintaining utmost confidentiality of the matter.

Safe Space Pledge

This course may discuss a range of issues and events that might result in distress for some
students. Discussions in the course might also provoke strong emotional responses. To make sure
that all students collectively benefit from the course, and do not feel disturbed due to either the
content of the course or the conduct of the discussions. Therefore, it is incumbent upon all within
the classroom to pledge to maintain respect towards our peers. This does not mean that you need
to feel restrained about what you feel and what you want to say. Conversely, this is about
creating a safe space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.

P.S. The course instructor, as part of introducing the course manual, will discuss the scope of the
Safe Space Pledge with the class.

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PART IV

a. Weekly Course Outline

Introduction to Law of Evidence, the Indian Evidence Act, 1872 and the
Week 1 Bharatiya Sakshya Adhinimyam, 2023

Theory of Relevancy
 Admissibility
 Res Gestae
 Other sections like 5, 6, 8, and 9 from the BSA, 2023 and 7, 8, 10,
Week 2
11 from IEA

Week 3 Test Identification Parade (s.7 of BSA and Sec 9, IEA)

Week 4 Dying Declaration (S.26 of BSA and Sec. 32 IEA)

Dying Declaration (contd.)

Week 5

Admission (s.15-s.21, s.25, s.169 of BSA and Sec. 17-21, 167 of IEA)
Week 6

Confession (s.22-s.24 of BSA and Sec. 24-30 of IEA)

Week 7
Confession (contd.)
 Co-accused confession
 Approver testimony (s.138 and s.119 (ill. b) of BSA and Sec. 133,
114(b) of IEA)
Week 8  Narco Analysis test
Week 9 Burden of Proof (s. 104-s.120 of BSA,2023 and 0Sec. 101- 114(a) of IEA)
Evidentiary Presumption (s.116-s.119 of the BSA and Sec 112, 113 A & B,
Week 10 and 114 of IEA)
Documentary Evidence (s.56-64, s. 94,95 of BSA and Sec. 59-66, 91, 92
of IEA)
 Oral Evidence
 Primary evidence
 Secondary evidence
 Exclusion of oral evidence by documentary evidence
Week 11  Electronic evidence

Week 12 Expert evidence (s.39-45 of BSA and Sec. 45-51 of IEA)

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Privileged Communication (s.128, s.129, s.130, s.13, s.132 of BSA and

Sec. 121-134))
 Spousal Privilege
 State Privilege
Week 13  Lawyer-Client Privilege
Witnesses (s. 124, 125 of BSA and Sec. 118-134 of IEA)
 Child witness, Witness unable to speak
 Hostile witness
 Examination and Cross-Examination of witnesses
Week 14  Power of court to call witness

Week 15 Revision

b. Readings
Cases and Materials will be supplied to the students by the respective Course Instructors.
These cases and materials will be the primary reading materials for this course. The class
discussion will revolve around these Cases and Materials. The mid-term and the final
exam will also be based on these primary reading materials. In addition to the Cases and
Materials supplied for the reading, the students are free to refer to any text book on the
subject as they deem appropriate.

The students are expected to carry with them to the class a copy of the Bharatiya Sakshya
Adhiniyam, 2023 and the Indian Evidence Act, 1872 (Bare-Act) and the Cases and
Materials that will be supplied by the Course Instructor. The students are further
expected to carefully read the prescribed portions of the Bare-Act and the Cases and
Materials

Recommended Text-books
AVTAR SINGH, PRINCIPLES OF LAW OF EVIDENCE (LATEST EDITION)
CHIEF JUSTICE M MONIR, TEXTBOOK ON THE LAW OF EVIDENCE (LATEST
EDITION)
VEPA P. SARATHI, LAW OF EVIDENCE
SARKAR ON LAW OF EVIDENCE

List of Cases and Materials

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This list of cases is recommendatory in nature and subject to revision by individual course
instructors. Since every course instructor has his/her own individual style of teaching the case
list has been kept indicative (and not exhaustive) in order provide enough room to individual
course instructors to supplement this list by other readings/cases that they prefer to use.
Theory of Relevancy
R.M. Malkani v. State of Maharashtra 1973 AIR 157
Pooran Mal v. Director of Inspection AIR 1974 SC 348 (5 Judge Bench)
State of Punjab v. Baldev Singh, AIR 1999 SC 2378 (5 Judge Bench)
Res Gestae
G. V. Rao v. State of Andhra Pradesh, AIR 1996 SC 2791
Test Identification Parade
Daya Singh v. State of Haryana, AIR 2001 SC 1188
State of Maharashtra v Suresh 2000 SCC (Cr.) 263
Dying Declarations
Sharad Birdichand Sarda v State of Maharashtra (1984) 4 SCC 116.
Pakala Narayana Swami v King Emperor AIR 1939 PC 47.
Khushal Rao v State of Bombay 1958 AIR 22 1958 SCR 552
Irfan@Nakka v UP CRIMINAL APPEAL NOS. 825-826 of 2022
Admissions
Sahoo v. State of U.P., AIR 1966 SC 40
Om Prakash v. Suresh Kumar, (2020 13 SCC 188)
Confessions
State of U.P. v. Deoman Upadhyaya, AIR 1960 SC 1125 (5 Judge Bench)
Aghnoo Nagesia v. State of Bihar, AIR 1966 SC 119
Haricharan Kurmi v. State of Bihar, AIR 1964 SC 1184
State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808
Selvi v State of Karnataka (2010) 7 SCC 263.
Vijay Madanlal Chaudhry v UoI, SLP (Crim.) 4634 OF 2014 (decided on 27th July, 2022) (State
of Punjab v Barkat Ram AIR 1962 SC 276, Raja Ram Jaiswal v. State of Bihar, AIR 1964 SC
828)
Approver’s testimony
Rameshwar v. State of Rajasthan, AIR 1952 SC 54
Bhuboni Sahu v King

Burden of Proof

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Shambhu Nath Mehra v. State of Ajmer, AIR 1956 SC 404

Amba Lal v. Union of India, AIR 1961 SC 264
Collector of Customs, Madras v. D. Bhoormal, AIR 1974 SC 859
Evidentiary Presumptions
Nandlal Wasudeo Badwaik vs Lata Nandlal Badwaik & Anr Citation
K. L. Rallaram v. Custodian, Evacuee Property, Bombay, AIR 1961 SC 1316
Hans Raj v. State of Haryana, (2004) 12 SCC 257
Anurag Soni v Chattisgarh AIR 2019 SC 1857

Documentary Evidence We need to teach a common interpretation

Marvari Kumhar v. B. G. Ganeshpuri, AIR 2000 SC 2629
Anvar v. P. K. Basheer (Civil Appeal 4226 of 2012)
Shafi Mohammed v. State of Himachal Pradesh (2 judge bench: distinguishes itself from Anvar
v. Basheer)
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal 2020 7 SCC 1
Oral Evidence
Bai Hira Devi v. Official Assignee of Bombay, AIR 1958 SC 448
Expert Evidence
Sri Chand Batra v. State of U.P., AIR 1974 SC 639
State of H.P. v. Jai Lal, AIR 1974 SC 639
Privileged Communication
Ram Bharosey v. State of U.P., AIR 1954 SC 704
State of Punjab v. Sodhi Sukhdev Singh, AIR 1961 SC 493 (5 Judge Bench)
Excerpts from S.P. Gupta v. President of India, AIR 1982 SC 149 (in context of Sodhi Sukhdev
Singh)
Witnesses
R. D. Nayak v. State of Gujarat, AIR 2004 SC 23
Examination and Cross Examination and Re-Examination of Witnesses
Pannayar v. State of Tamil Nadu, AIR 2010 SC 85
Girdhari v State 2011 15 SCC 373
Power of the Judge to Call and Examine a Witness
Raghunandan v. State of U.P., AIR 1974 SC 436
______________________________________________________________________________

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Suggested Reading:
Ronny v State of Maharashtra. 1998 3 SCC 1251State of Punjab v Barkat Ram AIR 1962 SC
276.
Raja Ram Jaiswal v. State of Bihar, AIR 1964 SC 828
State (CBI) v. S. J. Choudhary, (1996) 2 SCC 428 (5 Judge Bench)
Rajesh v State of MP, Criminal Appeal No(s). 793-794 of 2022
Sushil Sharma v NCT of Delhi (2014) 4 SCC 317
Sita Ram Bhau Patil v. Ramchandra Nago Patil, AIR 1977 SC 1712
Laxman v State of Maharashtra 2002 SCC (Cr.) 1491
Raja v. State of Tamil Nadu, 2020 5 SCC 118
Ramchandra Rambux v. Champabai, AIR 1965 SC 354
Basheera Begum v. Mohd. Ibrahim, 2020 11 SCC 174
Baladin v State of UP AIR 1956 SC 181
B. B. Hirjibhai v. State of Gujarat, AIR 1983 SC 753
Gavate v. State of Maharashtra, AIR 1977 SC 183
Dhana v State of West Bengal (1994) 2 SCC 220.
Dana Yadav vs State of Bihar 2002 SCC (Cr.) 1698
Puran Chand v State of Haryana (2010) 6 SCC 566.
Bheru Singh v. State of Rajasthan, (1994) 2 SCC 467
S. N. Bose v. State of Bihar, AIR 1968 SC 1292
State of Bihar v. Radha Krishna Singh, AIR 1983 SC 684
Ramesh Chandra Agrawal vs Regency Hospital Ltd. 2009 AIR SCW 7308
Laxmipat Choraria v. State of Maharashtra, AIR 1968 SC 938

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