Contents

Chapter 1

introduction

Q.

What do you mean by word 'evidence'?

1

· History of Law of Evidence

2

1.

Evidence as a branch of law

2

Q.

Discuss the history of law of evidence?

2

2.

Basis of Rules of Evidence

3

Q.

What are basis on which the rules of evidence are framed?

3

3.

Leading Rules of Evidence

3

Q.

What are the Leading Rules of Evidence?

3

· Scheme of the Evidence Act, 1872

4

· Relationship between Law of Evidence, Substantive Laws and Procedural Law

5

Q.

Is there any relationship between law of evidence, substantive laws and procedural law?

5

· Types of Evidence

5

Q.

Discuss various types of evidence?

5

Chapter 2

Facts and Relevancy of Facts

·

Interpretation of Words

13

"Court"

13

"Fact"

13

"Relevant"

13

"Facts in issue"

14

"Document"

14

"Evidence"

15

Oral Evidence

15

Documents Evidence

15

"Proved"

15

"Disproved"

16

"Not Proved"

16

Fact not Proved

16

Prima Facie and Proof

16

Evidence in Civil and Criminal Cases

17

Not Proved

17

"India"

17

·

Facts In Issue

17

Q.

What do you mean by term 'facts in issue'?

17

· Elements of 'facts in issue'

17

· Facts In Issue

18

Q.

What is 'relevancy of facts'?

18

· Relevancy of Facts

18

· Relevant Fact

19

· Document

20

· Presumption of Facts

20

· "May presume"

20

· "Shall presume"

1

· "Conclusive proof

1

· Presumptions

21

· Presumption

21

· Meaning of presumption

21

· Evidence may be given of facts in issue and relevant facts

22

· Expression 'and of no others': meaning of

23

· Logical and legal relevancy of facts

23

· Relevancy and Admissibility

23

Q.

Distinguish between 'relevancy' and 'admissibility'?

23

· Distinction between Admissibility and Relevancy

24

Q.

Write short note on 'res gestae'.

24

· Res Gestae

25

· Meaning of Res Gestae

25

· 'Same transaction': meaning of

25

· Res Gestae and Admissibility of facts

26

· Res gestae and hearsay evidence

27

· Criticism of res gestae doctrine

28

· Sukhar Case

28

Q.

Discuss the law laid down in Sukhar case?

28

· Evidence on Personal Knowledge no Hearsay, no Res Gestae

29

· Occasion, Cause, Effect, etc.

29

Q.

Discuss the facts which are the occasion, cause or effect of fact in issue?

29

· Occasion

30

· Cause

30

· Effect

30

· Opportunity

30

· State of things

30

· Motive, preparation and previous or subsequent conduct

31

· Motive

31

Q.

What do you mean by term 'motive'?

31

· Preparation

32

Q.

Whether preparation itself is crime? Explain

33

· Conduct of parties

33

Q.

Whether conduct of parties is relevant?

33

· Abdullah Case

34

Q.

What was the law laid down in Abdullah case?

34

· Facts necessary to explain or introduce relevant facts

35

· Identification Test not a Substantive Evidence

36

· Facts supporting or rebutting an inference suggested by a fact in issue or relevant fact

36

· Evidence to prove Conspiracy

38

Q.

 "A conspiracy is hatched in secrecy and executed in darkness. Naturally, therefore,  it is not possible for the prosecutions to connect each isolated act of statement of  all accused with the acts and statements of others, unless there is a common bound linking all of these together". Explain with the help of relevant statutory provision and case law?

38

· Meaning of Conspiracy

38

· Essential Elements

39

· Conditions for application of section 10

39

· Conspirators as agents

40

· Distinction between English Law and Indian Law

40

· Badri Rai case

41

· Mirza Akbar Case

41

· When facts not otherwise relevant become relevant

42

· Evidence of tape-recorded Statement

43

Q.

'A' a young girl, receives obscene calls on the telephone. She records the phone   call on a tape-recorder in which the caller identifies himself to be 'X'. 'X' is being  tried for making obscene calls to 'A'. In the trial the prosecution wants to lead in  evidence the recorded call. Can it be led in evidence?

44

· R.M. Malkani Case

44

Chapter 3

Admissions & Confessions

Q.

Define admissions? What is their evidentiary value?

46

· Admissions

46

· Reasons for admissibility of admissions

47

Q.

What are the reasons for admissibility of admissions?

47

· Admission - an exception to hearsay rule

48

· Requisites of an admission

49

· Party to the proceedings - meaning of

49

· Statements must be made under the following circumstances

50

· Admission - Kinds of

51

· Who can prove admission

51

· Exceptions

52

· Meaning of expression "as against the person who makes them"

53

· Admissions regarding state of mind or body

53

· His representative in interest

53

· Oral admissions as to contents of documents

53

· Admission in Civil Cases

54

· Essential conditions for protection

55

· Evidentiary value

55

· Admission does not create title

55

· Admission is substantive evidence

55

· Case Law

56

· Bishwanath Prasad case

56

· Confession

56

Q.

Define confessions. What is their evidentiary value. To what extent confessional statement are relevant for the purpose of conviction?

57

· When confession is not voluntary: conditions

57

· Kinds of Confession

57

Q.

Define confessions and their relevancy. What are 'judicial and extra-judicial' confessions?

58

· Confession must be true and trustworthy

58

· Confession is a statement, wherein, guilt is admitted

58

· Confessional statement should be taken as a whole

58

· Inducement, threat or promise

58

· Person in authority

59

· Confession recorded on oath

59

· Burden of proof

59

· Confession to police officer not to be proved

59

· Confessional statement

60

· Admissibility of confessional statement

60

· Reasons for exclusion of confession to police

60

· When confession said to have made to police officer

61

· Who are police officers?

61

· Confessional statement under English Law: Admissibility

62

· Confession while in Custody

62

· Object

62

· Police custody: meaning of

62

· Exceptions

63

· Conditions for the applicability of section 26

63

· Confession and consequential discovery

64

Q.

Discuss the relationship between section 26 and section 27 of the Evidence Act. How is 'a fact discovered' different from 'object produced'? Discuss with case laws. 

64

· Admissibility of discloser statement by accused

64

· Protection against self-incrimination

65

· Evidentiary value of discovery of weapon

65

· Case laws

65

· Pulukuri Kottaya case

65

· Mohd. Inayatullah case

66

· Confession made after removal of inducement

67

· Confession made under promise of secrecy

67

· Confession of co-accused

68

· Retracted confession

69

· Distinction between Admissible and Confession

69

Q.

What is evidentiary value of confession?

70

· Evidentiary value of confession

70

· Case laws

71

· Veera Ibrahim case

71

· Aghnoo Nagesia case

72

· M.C. Verghese case

73

· David Razario case

74

· Jayawant Dattatray case

75

Chapter 4

Dying Declaration

Q.

What do you mean by term 'dying declaration'?

76

· Principle

77

· English Law and the Indian Law - Difference

77

· Evidentiary value of a dying declaration

78

· Essential conditions for the applicability of dying declaration

78

Q.

What are the essential conditions for the applicability of dying declaration?

78

Q.

What is dying declaration? Can a conviction be based solely on the basis of a dying declaration? Can a dying declaration be relied upon without corroboration?

79

· Statement made before a police officer: Whether admissible?

80

· Need for corroboration

81

· Evidentiary value of dying declaration

81

· Circumstances when a dying declaration is meaningless

81

Q.

There is no absolute rule of law that dying declaration cannot form the sole basis for conviction? Comment and elaborate what are the tests laid down by the Supreme Court in Khushal Rao case for judging the veracity of dying declaration.

82

· Case Laws

82

· Khushal Rao Case

82

· Kusa Case

83

· Kishanlal Case

84

· Shariff Case

85

· Rattan Singh Case

86

· P.V. Radhakrishna Case

87

· Patel Hiralal Case

88

· Laxman Case

89

Chapter 5

Expert Evidence and Relevancy of Character

· Opinions of third persons, when relevant

90

Q.

What is the importance of expert opinion in a case?

91

· Test

91

· Expert Evidence

92

· Expert Witness

92

· Distinction between an expert and an ordinary witness

92

Q.

Tell us the distinction between an expert and an ordinary witness.

92

· Evidentiary Value of Expert opinion

92

Q.

Whether any expert opinion has some value in eyes of a court of law to decide a case?

92

· Expert Opinion: Corroboration

94

Q.

Whether reliable corroboration is necessary to consider an expert opinion in a case?

94

· Ram Narain Case

94

· Opinion of examiner of electronic evidence when relevant

95

· Facts bearing upon expert opinion

95

· Opinion as to handwriting

96

Q.

When opinion as to handwriting becomes relevant?

96

· Competency of non-expert witness

96

· Modes of proving handwriting

97

Q.

What are the ordinary methods of proving handwriting?

97

· Opinion as to electronic signature

97

· Opinion as to existence of right or custom

98

· Opinion as to usages, tenets

98

· Opinion on relationship

99

· Character when relevant

99

(A)

Relevancy of character in Civil Cases

99

Q.

Whether evidence of character is admissible as a relevant fact?

99

(B)

Relevancy of Character in Criminal Cases

100

Chapter 6

Proof

· Facts which need not be proved (Sections 56-58)

102

Q.

What are the facts which need not to be proved?

102

· Facts Admitted

104

· Admission in civil and criminal cases

105

· Modes of proof

105

(i)

Oral evidence

105

Q.

What are the methods by which facts may be proved in a case?

105

· Proof of facts by oral evidence

105

· Oral evidence must be direct

106

· Hearsay: meaning of

106

Q.

"Hearsay evidence does not derive its value solely from the credit to be given to the witness himself, but rests also in part on the competency of some other person." Comment.

106

· Exception to the rule of hearsay

106

· Hearsay and Circumstantial Evidence

107

· Difference between Direct Evidence and Hearsay Evidence

107

Q.

Write down the differences between 'direct evidence' and 'hearsay evidence'.

107

(ii)

Documentary Evidence

108

· Document in computerised system and cheque

108

· Primary Evidence (section 62)

108

Q.

What do you mean by 'primary evidence'? How it is different from secondary evidence?

109

· Secondary Evidence

109

· Difference between Primary Evidence and Secondary Evidence

110

· Proof by Primary Evidence

111

· Admissibility of Documentary Evidence

111

· When Secondary Evidence can be given

111

Q.

Under what circumstances secondary evidence can be given?

111

· Secondary Evidence is admissible

113

· Exclusion of oral evidence by documentary evidence

114

Q.

Write short note on 'exclusion of oral by documentary evidence'?

114

· Exclusion of evidence of oral agreement

116

· Principles relating to section 92

117

Q.

Discuss the scope of section 92 of the Evidence Act?

118

· Exceptions

118

(1)

Validity of document (Proviso 1)

118

(2)

Matter on which document is silent (Proviso 2)

119

(3)

Separate oral agreement as condition precedent (Proviso 3)

120

(4)

Rescission or modification (Proviso 4)

120

(5)

Usages or Customs (Proviso 5)

120

(6)

Relation of language to facts (Proviso 6)

121

· Best Evidence Rule

121

· Case law

122

· Sara Veeraswami Case

122

· Roop Kumar Case

123

Chapter 7

Burden of proof and presumption

· Burden of Proof

124

Q.

What do you understand by burden of proof? On whom does it lies and under what circumstances?

124

· On whom burden of proof lies

125

· 'Burden' and 'onus': distinction

125

· Burden of proving a particular fact

126

· 'Burden of proof' and 'Onus probandi'

126

· Proof of fact on which evidence becomes admissible

127

Q.

 'A' Hindu woman, was married to S in October 1986. 'S' died in June 1990. She then married to another man 'K' in July 1990 and gave birth to a son in September 1990. Can it be lawfully claimed that son is the legitimate son of 'K'.

127

· Burden of proving exception in criminal cases

127

· Onus of Proof

128

· Presumption

128

Q.

What do you mean by word 'presumption'?

128

· Presumption: meaning of

128

· Presumption: Kinds of

128

· Proof and Presumptions

129

· Presumption relating to documents

130

Q.

Write short note on 'presumption of fact' and 'presumption of law'.

131

· Presumption as to survivorship or burden of proving death

134

· Presumption of Death

135

· Presumption of Certain Offences

135

· Presumption of Legitimacy

136

· Dispute as to paternity of Child

138

· Presumption in suicide cases

138

· Presumption of existence of certain facts

139

· Illustrations - The Court may presume

141

· Adverse Inference

142

· Sanction to Prosecute

142

· Concurrent Finding of Fact

142

· Presumption in Rape Cases

142

· Case laws

143

· Somawanti Case

143

· Goutam Kundu Case

144

Q.

A marriage was solemnized between 'X' & 'Y' on 1st January, 1990. After just 2 days of the marriage of 'Y' the wife started living separately. In April a son was born to the wife. 'Y' filed a petition of maintenance for herself and for son. 'X' denies the paternity of the child and alleges adulterous relation of 'Y' to deny the claim of maintenance. 'Y' makes an application praying for order from the court directing the wife to get her DNA/Blood test to deny the Paternity. Decide?

144

· Limbaji Case

145

· Haroom Hazi Case

146

· M.O. Shamsuddin Case

148

Chapter 8

Estoppel

Q.

What do you mean by word 'estoppel'?

150

· Estoppel: kinds of

150

· Essential conditions for the Application of section 115

151

Q.

Discuss the essential conditions for the applicability of section 115 of the Evidence Act?

151

· Representation - Necessary elements of

151

· Reliance and Detriment

152

· Promissory Estoppel

152

Q.

What is promissory estoppel'?

153

· Exceptions to the doctrine of estoppel

153

· Case law

154

· R.S. Maddanappa Case

154

· Sanatan Gauda Case

155

Q.

'A' who had appeared in B.A. Examination of the University was declared pass and eligible for a degree. On the basis of the result 'A' appeared in Civil Services Exam, and qualified for the Interview. However, before the results, the University communicated to 'A' that his B.A. result was wrongly declared and that he had failed. A filed a writ petition against the University. Can the University adduce evidence to justify its revision of the result?

155

· Issue

155

· Mahaveer Oil Mills Case

156

· Estoppel by Tenants and Licensee

156

· Estoppel of acceptor of bill of exchange, Bailee and Licensee

157

· Distinction between 'Estoppel' and 'Res judicata'

158

· Distinction between 'Estoppel' and 'Waiver'

158

· Comparison of estoppel with other concepts

159

Chapter 9

Witnesses

· Who may testify

160

Q.

Who is a witness? Discuss the various types of witnesses?

160

· Dumb Witnesses

161

· Evidence of Prosecutrix in Rape Case

161

· Interested Witness

162

· Parties to civil suit and their wives or husband etc.

162

· Judges and Magistrate as witness

162

· Privileged Communications

163

· Communication during marriage

163

· Protection when not available (Exceptions)

164

· Unpublished official records

164

Q.

In certain case the State has been given privilege not to produce certain documents which relate to the "affairs of the State". Discuss the law relating to it.

165

· Sources of information as to offences

166

· Professional Communications

167

Q.

A, a client, says to B, an attorney -"I wish to obtain possession of property by use of forged deed on which I request you to sue."

167

Q.

Is the communication made by A barred by law or expressly prohibited by law from disclosure? Decide.

167

Chapter 10

Examination of witness

· Order of producing witness

170

· Judge to decide admissibility of evidence

170

· Examination-in-chief

171

· Examination-in-chief

171

· Cross-examination

172

· Re-examination of witness

172

· Re-examination

172

· Distinction between examination-in-chief, cross-examination and re-examination

173

· Order of Examination

173

· Cross-examination of person called to produce a document

174

· Question by party to his own witness

174

· Enmity of witness

175

· Question tending to corroboration

176

· Former statement as corroboration

176

· Refreshing memory

177

Chapter 11

Problems and Solutions on the Indian Evidence Act, 1872

·

Table of Cases

179

·

Section Index

185

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