EVIDENCE LAW

1. Introduction of Professor
2. Course Description

“Justice Delay Justice Denied”. It is seems to be true for Indian scenario. To give
weightage to our statements we always to try to support with certain documents. The
certainly of document is ascertained by codes because lex fori “Law of the fourm”.
Many of individual will have to, at some point in there lives, visit the court to get the
grievances redressed. As evidence become proven to be Evidence becomes the
conclusive factor in deciding a case and hence important for people to be well aware
of it. So, the evidence law become paramount in any justice system.

This course extensively discusses each chapter of evidence law. It emphasize practical
aspects of evidence, underlying principles, uses of provisions and principles in pre-
trial, pleadings, trial proceedings, relevancies of Evidence law.

Video Lectures, Case Studies of landmark judgements and Assement evaluation will
help you to enhance your knowledge about evidence law.

3. Course Outcome:
 Know what evidence is, basic laws of evidence and their types.
 Understand the issue of admissibility of evidence in court
 Elaborate on the procedure of filing evidence in criminal and civil trials.
4. Course Objectives:
 To introduce the evidence law and consider how the law of evidence is
applied in practice.
 To identify principles of fairness and conceptualizations of justice underlying
the law of evidence
 To explore issues of professional responsibility related to preserving and
using evidence.
The course will cover the following important topics:
 Fundamental concepts and principles
 Pleadings and proof
 Facts, relevancy and admissibility
 Admission, confession and dying declarations.
 Admissibility of pre-trial statements and documents in criminal trials.
 Proof and standard of proof
 Examination of witness in civil and criminal proceedings.
 Oral and documentary evidence.
 Electronic evidence
 Presumption and burden of proof
 COURSE OUTLINE OF EVIDENCE LAW

1. Video Lecture- 1. (Duration 5-8 minutes)

Key Contents:
Introduction
 Features and types of Evidence
 Concepts in law of evidence.

Assesment Evaluation -A

2. Video Lecture-2. (Duration 5-8 minutes)

Key Contents:
General Relevancies
 The Doctrine of Res Gestae
 Relevant and Irrelevant Facts.
 Plea of elibily
 Motive, occasion, preparation
 Right in custom
 State of mind
 Accidental/ intentional
 Existence course of business

Case Laws:

 Ratten v Queen {[1971] 1 WLR 8011

 Queen v Adbulla {1885 ILR 7ALL 385}2
 R v Richardson{[1994] 1 SCR 155}3

Assesment Evaluation B

3. Vedio Lecture-3 (Duration 5-8 minutes)

Key Contents:
Specific Relevancies
 Admission, Confession and Dying Declaration
 Statement by person other than witnesses
 Judgements
 Opinions
 Character
 Facts of which Judicial notice

Case Laws :

1
https://www.casemine.com/judgement/uk/5b2897cf2c94e06b9e19b888

2
https://indiankanoon.org/doc/401427/
3
https://www.lawteacher.net/cases/r-v-richardson.php
  Pulukari Kottaya v Emperor4
 Bhogilal Chunilal Pandya v State of Bombay{ 1959 AIR 356,
1959 SCR Supl. (1) 310}5
 R.M. Malkani v State of Maharashtra{AIR 1973 SC 157}
 Supreme Court in Aghnoo Nagesia v. State of Bihar
 State of Maharashtra v, Prafulla B. Desai {2003}4SCC60
 CBI v. V.C. Shukla [1998 SC]
 Laxman v. State of Maharashtra{2002}6 SCC710
 Ass Kaur v Kartar Singh6

4. Video Lecture-4 (5-8 minutes)

Key Contents:
Evidences
 Oral and Documentary Evidences.
 Public and Private Documents
 Rule of presumption as to document
 Rule of exclusion of oral by documentary evidence.

Case Laws:

 State of U.P. v Raj Narain {AIR 1975 SC 865}

Assesment Evaluation –D

5. Video Lecture -5(5-8 minutes)

Key Contents:
Burden of Proof
 Concept of Burden of Proof
 Onus of proof
 Presumptions
 Estopple

Case Laws:

 Pandurang Dharma Gaikwad v Mahanudnuya7

 Kumbham Lakshmanna and Ors. Vs. Tangirala
Venkateswarlu and Ors. {AIR (36) 1949 Privy Council 278}8
4
https://indiankanoon.org/doc/254739/

5
https://indiankanoon.org/doc/792301/
6
https://indiankanoon.org/doc/1828252/

7
https://www.pathlegal.in/Landmark-Judgment-On-Burden-Of-Proof-blog-2343295

8
https://www.lawweb.in/2017/10/landmark-judgment-on-burden-of-proof.html
  R.S. Maddanappa v. Chandramma {1965} 3SCR 283
 M.C. Vergheese v. T.J. Ponnam {AIR }1970 SC 1876}
 Goutam Kundu v. State of West Bengal
 Dipanwita Roy v. Ronobroto Roy {AIR 2015 SC 413}

Assesment Evaluation –E

6. Video Lecture -6 (5-8 minutes)

Key Contents:
Witnesses and Examination of Witnesses
 Accomplice evidence
 Hostile witness
 Dumb witness.
 Examination
 Cross-examination
 Re-examination of a witness
 Production of documents
 Power of Judges

Case Laws:

 Bhuboni Sahu v. The King, {AIR 1949 pc 257}

 Ravinder Singh v. State of Haryana [AIR 1975 SC 856}
 State of Bihar v. Laloo Prasad{2002}9SCC 626

Assesment Evaluation –F

LECTURE- 1. (DURATION 5-8 MINUTES)

 Key Contents:
Introduction
 Features and types of Evidence
 Concepts in law of evidence.

ASSESMENT EVALUATION –A

1. Law of evidence is
(a) lex tallienis
(b) lex fori
(c) lex loci solutionis
(d) lex situs.

2. The law of evidence consists of

(a) ordinary rules of reasoning
(b) legal rules of evidence
(c) rules of logic
(d) all the above.

3. Facts can be
(a) physical facts
(b) psychological facts
(c) physical as well as psychological facts
(d) only physical facts & not psychological facts.

4. Under the Evidence Act, fact means

(a) factum probandum
(b) factum probans
(c) both factum probandum and factum probans
(d) none of the above.

5. Fact in issue means

(a) fact, existence or non-existence of which is admitted by the parties
(b) fact, existence or non-existence of which is disputed by the parties
(c) fact existence or non-existence of which is not disputed by the parties
(d) all the above.
 LECTURE-2. (DURATION 5-8 MINUTES)

Key Contents:
General Relevancies
 The Doctrine of Res Gestae
 Relevant and Irrelevant Facts.

Case Laws:

 Ratten v Queen {[1971] 1 WLR 8019

 Queen v Adbulla {1885 ILR 7ALL 385}10
 R v Richardson{[1994] 1 SCR 155}11

ASSESMENT EVALUATION B

1. Relevancy and admissibility under the Indian Evidence Act are

(a) synonymous
(b) co-extensive
(c) neither synonymous nor co-extensive
(d) all the above.
2. Relevancy is
(a) question of law and can be raised at any time
(b) question of law but can be raised at the first opportunity
(c) question of law which can be waived
(d) question of procedure which can be waived.
3. A defendant is charged with assault occasioning actual bodily harm after allegedly
throwing boiling water over two people in a nightclub. A witness testifies that X,
who was also at the scene, stated: 'He's put sugar in the kettle' immediately after
the defendant is said to have thrown the water. Is this statement admissible if X is
unable to attend the trial to testify?
a) No, it is inadmissible hearsay.
b) b) Yes, it may be part of the res gestae if it was a spontaneous statement.
c) c) Yes, it may be, but only if X made it as a 'dying declaration', as that is a
preserved common law exception to the rule against hearsay. Such
declarations are admissible if they are contemporaneous declarations.
d) d) Yes, it may be part of the res gestae, if it coincided exactly with the
incident in question, but not otherwise.
4. An expert witness cannot, by using underlying facts as the basis of his opinion,
make those facts evidence in the case, unless the expert happens to have personal
knowledge of the transactions concerned.
a) True
9
https://www.casemine.com/judgement/uk/5b2897cf2c94e06b9e19b888

10
https://indiankanoon.org/doc/401427/
11
https://www.lawteacher.net/cases/r-v-richardson.php
 b) False

5. The general rule at common law is that the opinions, beliefs, and inferences of a
witness are inadmissible to prove the truth of the matters believed or inferred, if
such matters are in issue or relevant to facts in issue in the case.
(a) True
(b) False

LECTURE-3 (DURATION 5-8 MINUTES)

Key Contents:
Specific Relevancies
  Admission and Confession
 Statement by person other than witnesses
 Judgements
 Opinions
 Character
 Facts of which Judicial notice

Case Laws :

 Kottaya v Emperor12
 Bhogilal Chunilal Pandya v State of Bombay{ 1959 AIR 356,
1959 SCR Supl. (1) 310}13

ASSESMENT EVALUATION-C
1. Which of the following documents are not admissible in evidence

(a) documents improperly procured

(b) documents procured by illegal means

(c) both (a) & (b)

(d) neither (a) nor (b).

2. Admissions

(a) must be in writing

(b) must be oral

(c) either oral or in writing

(d) only in writing & not oral.

3. Admissions by agents are

(a) admissible in civil proceedings under all circumstances

(b) admissible in civil proceedings only if the agent has the authority to make admissions

(c) never admissible in criminal proceedings

(d) both (b) & (c).

12
https://indiankanoon.org/doc/254739/

13
https://indiankanoon.org/doc/792301/
4. A defendant is charged with murdering his girlfriend. He is pleading the defence of 'loss of
self-control' on the basis that he feared serious violence from her. The defendant wishes to
call a psychiatrist who will say that the defendant is not suffering from mental illness but his
personality is such that he may have lost his self-control within the meaning of the defence
and is likely to be telling the truth. Is this evidence admissible?

a) This evidence is admissible because it is likely to be outside the experience and knowledge
of the jury. In short, the jurors will be unable to form their own conclusions without help.

b) The evidence is not admissible because the issues are well within the province of the jury.
The jurors do not need expert evidence and it should not be offered to them.

c) The evidence is admissible because expert evidence is always required to establish the
defence of loss of control under the Coroners and Justice Act 2009.

d) The evidence is not admissible because the defendant has the evidential burden of
establishing the defence. Therefore, whether there is a defence or not is only ever a matter for
the judge and not the jury. Judges, unlike juries, are legally qualified and, therefore, do not
require assistance from expert witnesses.

5. A defendant is charged with causing death by dangerous driving. A witness, travelling in

the opposite direction, estimated that the defendant was travelling at 60 miles per hour. Is this
witness's evidence admissible?

a) The evidence is inadmissible opinion evidence. Witnesses are only permitted to give
evidence of what they have perceived personally and not of conclusions that they have drawn
from their perception. Therefore, the witness should only comment on what he observed.

b) The evidence is inadmissible opinion evidence because speed is an area of specialized

knowledge that merits instructing a properly qualified expert witness and not just a passer-by.
c) The evidence is admissible because the witness is an 'ad hoc' expert who because of his
experience is able to provide an expert opinion on the speed of the car concerned.

d) The evidence is admissible 'non-expert opinion'. By stating the estimated speed of the car
the witness is merely conveying relevant facts personally perceived by him.

LECTURE-4 (5-8 MINUTES)

 Key Contents:
Evidences
 Oral and Documentary Evidences.
 Public and Private Documents
 Rule of presumption as to document
 Rule of exclusion of oral by documentary evidence.

ASSESMENT EVALUATION –D

1. A witness giving oral evidence in criminal proceedings wishes to refresh his memory
from a document. Which answer best describes the circumstances where this may be
permitted in law?
a) Where the document has been made or verified contemporaneously with the
events recorded.
b) b) Where the document has been made or verified at an earlier time and the
witness testifies that: (a) the document records his recollection of the matter at
that earlier time and (b) his recollection of the matter is likely to have been
significantly better at that time than it is when he testifies.
c) c) Where the document has been made or verified contemporaneously with the
events recorded or as soon as practicable thereafter.
d) d) Where the document has been made at an earlier time and the witness
testifies that: (a) the document records his recollection of the matter at that
earlier time and (b) his recollection of the matter is likely to have been
significantly better at that time than it is when he testifies.

2. A defence witness giving oral evidence in criminal proceedings refreshes his memory
from a document. The prosecution inspects the document and cross-examines him on
other matters contained in the document that the witness had not used to refresh his
memory. Is the document evidence in the case?
a) The defendant may put the document in evidence as part of his case. Any
statements contained in the document will be admissible as evidence of their truth
provided they were the statements on which the prosecution cross-examined the
witness.
b) The defendant may not put the document in evidence as part of his case. Cross-
examination on other matters does not trigger admission of memory-refreshing
documents following amendment of the rules by the Criminal Justice Act 2003.
c) The defendant may put the document in evidence as part of his case. However, any
statements contained in the document will be evidence only of the consistency of the
witness and go only to his credit.
d) The defendant may put the document in evidence as part of his case. Any
statements contained in the document will be admissible as evidence of all matters
stated unless they are inadmissible hearsay. That is, they will be admissible as
evidence of the truth and not just consistency.
 3. Which, of the following (if any) are adequate general definitions of hearsay? Please
select all that apply.
a) 'Hearsay' is the general name for evidence that is worthless. It may consist of oral
or written statements and any other means of conveying information but will be
excluded if it is not logically probative of a fact in issue in the proceedings.
b) An assertion other than one made by a person while giving oral evidence in the
proceedings is inadmissible as evidence of any fact asserted.
c) Evidence from any witness which consists of what another person stated (whether
verbally, in writing, or by any other method of assertion such as a gesture) on any
prior occasion, is inadmissible, if its only relevant purpose is to prove that any fact so
stated by that person on that prior occasion is true. Such a statement may, however, be
admitted for any relevant purpose other than proving the truth of facts stated in it.
d) Hearsayis a statement, other than one made by the declarant while testifying at the
trial or hearing, offered in evidence to prove the truth of the matter asserted.

4. Which, of the following are recognised dangers of admitting hearsay evidence? Please
select all that apply.
a) Unreliability, i.e. dangers of concoction and error.
b) Lack of cross-examination.
c) The danger of 'manufactured evidence'.
d) Hearsay is not the best evidence.

5. 'In civil proceedings, evidence shall not be excluded on the ground that it is hearsay.
Therefore, the evidence of all witnesses, (the hearsay evidence of all witnesses
(whetehr competent or incompetent to give evidenceons who would be regarded as
incompetecompetent and incompetent, is potentially admissible in evidence'.
a) True
b) False

LECTURE -5(5-8 MINUTES)

Key Contents:
Burden of Proof
  Concept of Burden of Proof
 Onus of proof
 Presumptions

Case Laws:

 Pandurang Dharma Gaikwad v Mahanudnuya14

 Kumbham Lakshmanna and Ors. Vs. Tangirala
Venkateswarlu and Ors. {AIR (36) 1949 Privy Council 278}15

ASSESMENT EVALUATION –E

1. A prosecution witness, by viewing a NDTV’s news film, identified the accused as a

member of a group of persons who had caused serious public disturbance. The
original film was retained by NDTV and at trial the prosecution relied on the video
cassette, which the Court was satisfied was an authentic copy of the original film. The
evidence-
A. Is admissible, as the rules for submitting primary documents cannot be extended to
films
B. Is not admissible as the original is in existence, the secondary document cannot be
used
C. Is not admissible as the Court is competent to order NDTV to submit the original
film
D. Is admissible as the Original document is a public document.

2. Which of the following statements concerning the burden of proof are false?
A. Deposit of money in wife’s name does not amount to a gift. If anybody says it was
a gift he must prove it
B. Tenant taking a plea that the suit premises wad not vacated by him, will need to
prove it
C. In determining whether a trust is public or private, the burden of proof lies with a
person asserting that it is a public one
D. In the plea challenging the constitutionality of the stature, the burden of proof is on
the person challenging the constitutionality
3. The father and one of his son were judgement debtors in a decree of eviction ant they had
applied for a review. The father died and the son continued the review proceedings without
asking for substitution of his brothers for the deceased father. He was not latter allowed to

14
https://www.pathlegal.in/Landmark-Judgment-On-Burden-Of-Proof-blog-2343295

15
https://www.lawweb.in/2017/10/landmark-judgment-on-burden-of-proof.html
challenge the validity of the execution proceedings because of the absence of legal
representatives. This is an example of –
A. Estoppels by matter of record
B. Estoppels by deed
C. Estoppels in pais
D. Waiver

4. Which of the following cases can the Court make presumptions?

A. Property in name of co-sharers. Presumption that it is ancestor’s property
B. A registered sale deed. Presumption of genuineness
C. A letter sent by registered post, is not returned to sender within 15 days. Presumption that
the letter has been delivered
D. Delivery of post card by the post office. Presumption that it was send by the sender

5. A University was charging different fee from different batches and the batch B was
subjected to higher and the structure of the fee was clearly disclosed in the prospectus. Can
the students in batch B challenge the validity of the fee structure?
A. No, applicability of promissory estoppels stops them from challenging the structure
B. No, they by taking admission gave up the right of parity treatment with others
C. Yes, there is no ground for estopping them from challenging the validity of the fee
structure
D. No, by accepting the admission they have waivered their right to object

LECTURE -6 (5-8 MINUTES)

Key Contents:
 Witnesses and Examination of Witnesses
 Accomplice evidence
 Hostile witness
 Dumb witness.
 Examination
 Cross-examination
 Re-examination of a witness
 Production of documents
 Power of Judges

ASSESMENT EVALUATION -F
1. What, in law, is a 'hostile' witness?
a) An unfavourable witness who 'fails to come up to proof'.
b) A co-defendant who testifies in a way that is disadvantageous to the defendant by,
for example, running a 'cut-throat' defence.
c) A dishonest, unco-operative or malicious witness who appears to want to sabotage
the case of the party who has called him/her.
d) A witness who is reluctant to attend court to testify on behalf of a party and must be
compelled to attend by a witness summons.

2. A defendant is charged with causing death by dangerous driving. A witness, travelling in

the opposite direction, estimated that the defendant was travelling at 60 miles per hour. Is this
witness's evidence admissible?

a) The evidence is inadmissible opinion evidence. Witnesses are only permitted to give
evidence of what they have perceived personally and not of conclusions that they have drawn
from their perception. Therefore, the witness should only comment on what he observed.

b) The evidence is inadmissible opinion evidence because speed is an area of specialized

knowledge that merits instructing a properly qualified expert witness and not just a passer-by.
c) The evidence is admissible because the witness is an 'ad hoc' expert who because of his
experience is able to provide an expert opinion on the speed of the car concerned.

d) The evidence is admissible 'non-expert opinion'. By stating the estimated speed of the car
the witness is merely conveying relevant facts personally perceived by him.

3. What of the following is correct in relation to child witnesses in civil proceedings?

a) The Children Act 1989 provides that a child under 16 may give unsworn evidence provided
he or she understands the duty to speak the truth and has sufficient understanding

b) The presumption in civil proceedings is that all witnesses are competent and compellable
incorrect

c) A child's evidence may not be given by hearsay incorrect

d) A child's evidence must always be given unsworn

4.  Which of the following statements hold true for examination in chief of a witness?
A. The leading questions can be used
B. It must only relate to relevant facts
C. It must only relate to the fact in question
D. All of these

5. An attesting witness is:

A. one who signs his name to an instrument, at the request of the party or parties, for
the purposes of proving or identifying it
B. a witness who has attested the document
C. both (A) and (B)
D. none of them