PAPER 3.1. LAW OF EVIDENCE (QUESTION-ANSWER SERIES)

PAPER 3.1. LAW OF EVIDENCE (QUESTION-ANSWER SERIES)

UNIT - I Introduction: History, Enactment and Implementation of the Indian Evidence Act, 1872; Objects, Application and Definitions(Sections 01 and 03); May Presume, Shall Presume and Conclusive Proof (Section 04); Facts In Issue and Relevant Facts (Section 05) Of the Relevancy of Facts: Relevancy and Admissibility (Inter-linkages and Major Differences); Sections 06 - 39; Difference between Admission, Confession and Plea of Guilt; Dying declaration; Expert evidence; Judgments of Courts when Relevant under Sections 40- 44; Opinions of Third Persons when Relevant (Sections 45 - 51); Character When Relevant (Sections 52 - 55);

UNIT - II Oral and Documentary Evidence: Oral Evidence: Proof of facts by Oral Evidence(Section 59); Oral evidence must be direct (Section 60); Documentary Evidence: Sections 61 - 78; Presumptions as to Documents (Sections 79 - 90A); Exclusion of Oral By Documentary Evidence: Sections 91 - 100;

UNIT - III Burden of Proof: Section 101 - 114A; Estoppel (Section 115), Estoppel of Tenant and of Licensee of Person in Possession (Section 116), Estoppel of Acceptor of Bill of Exchange, Baillie or Licensee;

UNIT - IV Witnesses: Sections 118 - 128; The Oaths Act, 1969 and its relation with the Law of Evidence, 1872; Sections 132, 133 & 134; Harmony between Section 133 and Section 114 Illustration (b); Difference between the terms Accomplice, Approver, Co-Accused and Hostile Witness with regard to Section 133 (together with relevant Sections of Cr.P.C., 1973);

UNIT - V Examination of Witnesses: Sections 135 - 165; Facts which Need Not Be Proved (Sections 56 - 58); No New Trial for Improper Admission or Rejection of Evidence(Section 167); Contemporary Developments in the Law of Evidence: Case-Law Analysis; Impact of Forensic Science: Evidentiary Value in D.N.A. Test, Narco-Analysis etc.; Impact of Social Media in the Law of Evidence; Witness Protection Schemes;

LEADING CASES: 1) Aghnoo Nagesia v. State of Bihar 1966 SC 2) Dudh Nath Pandey v. The State of U.P. AIR1981 SC 911 3) Goutam Kundu v. State of West Bengal And Anr. AIR 1993 SC 2295 4) Mahender Chawla & Others v. Union of India & Others 2018 SCC Online SC 2678 5) M.C. Verghese v. T.J. Ponnan & Another 1969 SC 6) Nishi Kant Jha v. State of Bihar 1969 SC 7) Pakala Narayana Swami v. Emperor 1939 BOMLR 8) Palvinder Kaur v. The State of Punjab 1952 SC 9) Selvi & Others v. State of Karnataka & Another 2010 SC 10) The State of Bombay v. Kathi Kalu Oghad& Others 1961 SC