FINAL Course Manual - Fall 2024 - Law of Evidence
FINAL Course Manual - Fall 2024 - Law of Evidence
FINAL Course Manual - Fall 2024 - Law of Evidence
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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Format approved by the Academic Review Board, JGLS
CONTENTS
PART I
General Information…………………………………………………………………..……Page 3
PART II
a. Course Description………………………………………………..……………..……Page 4
b. Course Aims………………………………………………………………….………..Page 4
PART III
a. Keyword Syllabus………………………………………………………..……………Page 7
b. Course Policies…………………………………………………………..……..……..Page 7
PART IV
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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.
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Format approved by the Academic Review Board, JGLS
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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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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Format approved by the Academic Review Board, JGLS
The details of the grades as well as the criteria for awarding such grades are provided below.
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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.
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Format approved by the Academic Review Board, JGLS
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
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.
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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Format approved by the Academic Review Board, JGLS
PART IV
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
Admission (s.15-s.21, s.25, s.169 of BSA and Sec. 17-21, 167 of IEA)
Week 6
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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
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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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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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