TAMIL NADU NATIONAL LAW UNIVERSITY

(A University established under the Tamil Nadu Act No. 9 of 2012)

Dindigul Main Road, Navalurkuttapattu
Tiruchirappalli 620 027
Tamil Nadu, India

B.A. LL.B. (H) / B.COM. LL.B. (H)

COURSE SYLLABUS

LAW OF EVIDENCE (INDIAN EVIDENCE ACT, 1872)

Course Objectives

Law of Evidence is one of the most crucial pieces of legislation administered by our civil and
criminal courts. In a case, evidence is the apparatus which makes the entire trial whirl around.
Since 1872, when the Act was enacted, there has been oceanic change in the criminal behavior,
crime detection and scientific technologies all over the world. In this digitized world, as the
acceptance of digital evidence becomes indispensable the Information Technology Act, 2000 and
the amendments proposed to the Indian Evidence Act have introduced the admissibility of both
electronic and paper based documents to the Evidence Act. There are numerous consequential
amendments including Criminal Law (Amendment) Act, 2013, made to the Indian Evidence Act.

This course is designed to familiarize the students with the importance of evidence for the
establishment of claims and the related rules and principles. The objective of the course is to
facilitate the students to acquaint with the basic knowledge and significantly the implementation
procedures of the law of evidence.

Learning Outcomes

● Analyse and define the concept and general nature of evidence, and illustrate the
different types of evidence and court procedures relating to evidence;
● Validate the rationale behind the rules and court procedures dealing with evidence;
● Analyse and evaluate the rules governing examination in chief, cross examination and re-
examination, and establish the procedures in the conduct of a civil or criminal trial.

Teaching Methods

The teaching methodology used is a judicious blend of lectures, seminars, case discussions,
group presentations. Modern teaching aids such as LCD projectors, computer aided instructions,
films, video, and audio tapes are used. The teaching and instructional methods used at the
University to encourage students for self learning in the form of practical assignments and
projects.
Introduction to the Law of Evidence MODULE 1

Object and History of Evidence Law in India -Interpretational clauses and relevant Definitions -
Facts, facts in issue, relevant, evidence proved, disproved, not proved, Presumption, May
Presume, Shall Presume, Witnesses, Motive, Expert Evidence etc. - Classification of Evidence-
Direct, Circumstantial, Hearsay, Oral and Documentary, Scientific, Real and Digital Evidence -
Relevancy, admissibility and principle of res gestae-Admissibility v Reliability-Fruits of the
Poisonous Tree Doctrine-Facts otherwise not relevant becomes relevant- Alibi, Burden of Proof
etc.

Admission, Confession and Dying Declarations MODULE 2

Admissions –Meaning, Relevancy of Admission - Judicial and Extra Judicial Admission,

difference between admission and Estoppel -Confessions- Meaning, Distinction between
Admission and Confession -Confession-Judicial and Extra Judicial, Confession made to a Police
Officer -Statement by persons who cannot be called witness-Dying Declarations etc.

Method of Proof of Facts MODULE 3

Presumptions -Legal Fiction v Legal Presumptions - Expert opinion - Relevancy of Character

Oral and documentary evidence -Rules relating to Burden of Proof and Reverse Onus Clause –
Estoppel.

Law Relating to Witness and Examination of Witness MODULE 4

May Presume, Shall Presume, Conclusive Proof -Presumption in Suicide Cases -Presumption as
to Dowry Death -Court may presume existence of certain facts -Presumption of validity of
judicial and official acts -Death in Custody - Presumption in Rape Cases -Delivery of Letters-
Competence and Compellability -Professional / Privileged Communications -Examination of the
witnesses- Examination-in-chief, Cross Examination and Re-examination -Hostile Witness -
Refreshing Memory

Evidence Law in New Era MODULE 5

Conventional Forensics and Digital Forensics -Appreciation of electronic evidence, SMS as

admissible evidence -Digital Signature-where relevant-Proof as to verification of Digital
Signature-Admissibility of intercepted telephone calls, Tape Recordings -Presumption as to
electronic agreements -Examination of witness by video conference -Deleted files on Hard Disk:
electronic records -Application of Scientific Techniques in certain cases-DNA Test, Hand
writing, forgery, paternity issues, brain mapping, lie detector test etc,
Essential Readings:

1. Dr.Avtar Singh, Principles of the Law of Evidence(20th edn., Central Law Publications 2005).
2. VepaP.Sarathi, Law of Evidence(6th edn., Eastern Book Company 2006).
3. Dr. V. Krishnamachari, Law of Evidence(7th edn., S. Gogia Company 2013).
4. Ratanlal& Dhirajlal, The Law of Evidence(25th edn., Lexis Nexis 2013).
5. Nandan Kamath, Law relating to Computers, Internet and e-commerce(5th edn., Universal Law
Publication Company Ltd. 2012).

Additional Readings:

1. S.C. Sarkar Law of Evidence (Vol. 1 & 2, 18th edn., LexisNexis 2014).
2. C.D. Field, Law of Evidence(13th edn., Delhi Law House2014).
3. Andrew L-T Choo, Evidence(3rd edn., Oxford University Press 2012).
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