SVKM’s Narsee Monjee Institute of Management Studies

Name of School – Kirit P. Mehta School of Law

Program: B.A. LL.B. (Hons.) 8101 & B.B.A. LL.B. (Hons.) 8102 Semester: V
Module: Law of Evidence Module Code:
Teaching Scheme Evaluation Scheme
Lecture Practical Tutorial Term End
Internal Continuous
(Hours (Hours (Hours Examinations (TEE)
Credit Assessment (ICA)
per per per week) (Marks- 50 in
(Marks - 50)
week) week) Question Paper)
4 0 0 4 Marks Scaled to 50 Marks Scaled to 50
Pre-requisite: Indian Penal Code and the Code of Criminal Procedure.
Course Objective:
1. To learn the concepts and principles of law of Evidence including the evolving techniques of
forensics science.
2. To enable students to understand and appreciate different forms of evidence collected and
produced before the court.
Course Outcomes:
1. To enable the students to apply relevant provisions and judicial decisions in
understanding the interpretation and practical application of laws (PLO1a)
2. To ensure that the students are able to demonstrate ability to compare statutory
provisions & legal theories of different jurisdictions (PLO1b)
3. To develop understanding and acquire application-oriented knowledge of the for
rules, regulations Notifications and Circulars issued by Regulators from time to time to
take care of contemporary and relevant issues (PLO2a)
Detailed Syllabus: (per session plan)
Unit Description: Duration
1. Introductory 3 Hrs
Understanding the main features of the Indian Evidence Act 1872 and
comparing it with English law.
Reading Material: Chapter I of Principles of Law of Evidence by Avtar
Singh, Central Law Publications, 2018 Edition.
2. Section 3 definitions 3 Hrs
Understanding the meaning attested to the various terms such as: Fact;
Relevant; Fact in issue; Document; Evidence; Proved; Disproved; Not
proved.
Reading Material: Chapter I of Principles of Law of Evidence by Avtar
Singh, Central Law Publications, 2018 Edition.
3. Different types of evidence 3 Hrs
Analyzing the different types of evidence in the context of the Indian
Evidence Act, 1872
Reading Material: Chapter I of Principles of Law of Evidence by Avtar
Singh, Central Law Publications, 2018 Edition.
4. Meaning of the terms May Presume, Shall Presume & Conclusive Proof 3 Hrs
Understanding the concept of May Presume, Shall Presume & Conclusive
Proof and its application by the court
Sections to be referred: Section 4 of the Indian Evidence Act, 1872
Reading Material: Section 4 from Principles of Law of Evidence by Avtar
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Singh, Central Law Publications, 2018 Edition.
5. Relevancy of Facts 3 Hrs
Understanding the concept of relevancy of facts and the various conditions
that are taken into account by the Court to determine the relevancy
Sections to be referred: Section 5 to 8 of the Indian Evidence Act, 1872
Reading Material: Chapter II of Principles of Law of Evidence by Avtar
Singh, Central Law Publications, 2018 Edition.
6. Relevancy of Facts 3 Hrs
Understanding the following conditions to determine the relevancy of the
facts: Explanatory and Introductory Facts, Evidence to prove conspiracy, etc.
Sections to be referred: Section 9 to 14 of the Indian Evidence Act, 1872
Reading Material: Section 9 to 14 from Principles of Law of Evidence by
Avtar Singh, Central Law Publications, 2018 Edition.
7. Admissions 3 Hrs
Understanding the concept of admissions under the Indian Evidence Act,
1861; understanding the difference between admissions and confessions.
Sections to be referred: Section 17 to 23
Reading Material: Sections 17 to 23 from M. Monir, Law of Evidence, 14 th
Edn., 2006
8. Confessions 3 Hrs
Understanding the concept of confessions under the Indian Evidence Act,
1861; understanding the admissibility of confessions made to different
investigating bodies of the government.
Sections to be referred: Section 24 to 31.
Reading Material: Section 24 to 31 from Principles of Law of Evidence by
Avtar Singh, Central Law Publications, 2018 Edition.
9. Dying Declaration 3 Hrs
Understanding the concept of dying declaration and analyze the
admissibility of such declarations in various types of cases.
Reading Material: Section 32 from the Principles of Law of Evidence by
Avtar Singh, Central Law Publications, 2018 Edition.
10. Statement by persons who cannot be called as witnesses 3 Hrs
Understanding the role of parties who cannot be termed as witnesses in a
trial; to understand the relevancy of the facts by a person who is either dead
or cannot be found.
Sections to be referred: Section 32 of the Indian Evidence Act, 1872
Reading Material: Section 32 from Principles of Law of Evidence by Avtar
Singh, Central Law Publications, 2018 Edition.
11. Relevancy of Judgments:Understanding when the judgments of the Court 3 Hrs
of justice are considered relevant
Sections to be referred: Section 40 to 44 of the Indian Evidence Act, 1872
Reading Material: Section 40 from Principles of Law of Evidence by Avtar
Singh, Central Law Publications, 2018 Edition.
12. Opinion of third person when relevant 3 Hrs
Understanding the general principles and concept of expert; and
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Understanding the relevancy of opinion who is third party in a case and
analyzing the admissibility of the opinion of third party in a case.
Sections to be referred: Sections 45 to 51
Reading Material: Sections 45 to 51 from the Principles of Law of Evidence
by Avtar Singh, Central Law Publications, 2018 Edition.
13. Oral and Documentary Evidence 3 Hrs
Understanding the different nuances of oral and documentary evidences.
Sections to be referred: Section 59 to 78
Reading Material: Sections 59 to 78 from the Principles of Law of Evidence
by Avtar Singh, Central Law Publications, 2018 Edition.
14 Concept of Burden of Proof: General Principle 3 Hrs
Understanding the difference between discharging or shifting of burden
under the Evidence law and onus of proof.
Sections to be referred: Section 101
Reading Material: Sections 101 from the Principles of Law of Evidence by
Avtar Singh, Central Law Publications, 2018 Edition.
15 Burden of Proof 3 Hrs
Understanding the principles of discharging or shifting of burden under the
Evidence law.
Sections to be referred: Section 102 to 111
Reading Material: Sections 102 to 111 from the Principles of Law of
Evidence by Avtar Singh, Central Law Publications, 2018 Edition.
16. Justification of Presumption 3 Hrs
Sections to be referred: Section 111A, 113B, 114 and 114A
Reading Material: Principles of Law of Evidence by Avtar Singh, Central
Law Publications, 2018 Edition.
17. Estoppel 3 Hrs
Understanding the concept of estoppel under the Indian Evidence Act, 1872
Sections to be referred: Section 115, 116, 117
Reading Material: Principles of Law of Evidence by Avtar Singh, Central
Law Publications, 2018 Edition.
18. Privileged Communication: Spousal communication 3 Hrs
Understanding the privilege extended to the communications made between
spouses during the subsistence of the marriage.
Sections to be referred: Section 123 to 129
Reading Material: Sections 123 to 129 from the Principles of Law of
Evidence by Avtar Singh, Central Law Publications, 2018 Edition.
19. Privileged Communication: Official Communications and Professional 3 Hrs
Communications such as Attorney-Client privilege
Sections to be referred: Section 122
Reading Material: Section 122 from the Principles of Law of Evidence by
Avtar Singh, Central Law Publications, 2018 Edition.
20. Examination of Witnesses 3 Hrs
Understanding the concept of cross-examination of witnesses, questions
which cannot be asked during examinations, concept of hostile witness etc.
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Sections to be referred: Section 137, 138, 141, 142, 143, 145, 148, 149, 150, 151,
152, 153, 154, 155
Reading Material: Principles of Law of Evidence by Avtar Singh, Central
Law Publications, 2018 Edition.
Total 60 Hrs

Text Book:
The Indian Evidence Act, 1872. 2. Krishnamachari V, Law of Evidence, S. Gogia &Co,
Hyderabad (8th Edn., Rp 2020).
Reference Book:
Avtar Singh, the Principles of Law of Evidence by Avtar Singh, Central Law Publications, 2018
Edition.

Any other information :

Total Marks of Internal Continuous Assessment (ICA) : 50 Marks
Distribution of ICA Marks:
Description of ICA Marks

Research Paper 20 Marks

Seminar 10 Marks
Viva 10 Marks
Class Participation 10 Marks
Total Marks : 50 Marks

Ekta Saini ____________

Signature Signature
(Prepared by Faculty) (Approved by Dean)