LAW OF EVIDENCE

UNIT-I
Introduction- Distinction between substantive and procedural law; Conceptions of evidence in classical
Hindu and Islamic Jurisprudence; Evidence in customary law systems (Non-state law); Introduction to
the British ‘Principles of Evidence’; Salient features of the Indian Evidence Act, 1872 (IEA);
Applicability of the IEA; Legislations dealing with evidence (other than the IEA) with special reference
to CPC, CrPC, Bankers Book Evidence Act, Commercial Document Evidence Act, Fiscal and revenue
Laws.
Central Conceptions in Law of Evidence – Facts - Facts in issue and relevant facts; Evidence-
Circumstantial and direct evidence; Presumptions, proved, disproved, not proved; Witness-
Appreciation of evidence. Relevancy of Facts- Facts connected with facts in issue-Doctrine of Res
gestae- Sections 6, 7, 8 and 9 of IEA; Evidence of Conspiracy- Section10; Relevancy of otherwise
irrelevant facts; Facts to prove right or custom (Section 13); Facts concerning state of mind/state of body
or bodily feelings (Sections 14 and 15).
Relevancy and admissibility of admissions, privileged admissions- evidentiary value of admissions
(Sections 17 to 23).

UNIT-II
Relevancy and admissibility of confessions- Admissibility of information received from an accused
person in custody- Confession of co-accused (Sections 24 - 30); Admitted facts need not be proved
(Section 58); Dying declaration- Justification for relevance- Judicial standards for appreciation of
evidentiary value-Section 32 (1) compared with English Law; Other statements by persons who cannot
be called as witnesses- [Sections 32(2) - 32 (8), 33]; Statement under special circumstances (Sections 34-
39).
Relevance of judgments- General principles – Fraud and collusion (Sections 40- 44).
Expert testimony- General principles - Who is an expert- Types of expert evidence – Problems of
judicial defence to expert testimony(Sections 45- 50).

UNIT-III
Character evidence- Meaning – Evidence in Civil & Criminal cases (Sections 52-55).
Oral and documentary Evidence - General principles concerning oral Evidence (Sections 59-60);
General principles concerning documentary Evidence (Sections 61-90).
Electronic Evidence- conditions of admissibility (Sections 65A-65B).
General principles regarding exclusion of oral by documentary evidence (Sections 91-100).

UNIT-IV
Burden of Proof- The general conception of onus probandi (Section 101); General and special
exceptions to onus probandi (Sections 102-106). The justification of presumption and burden of proof-
with special reference to presumption to legitimacy of child, presumption as to Dowry Death and
presumption as to certain offences of rape; Doctrine of judicial notice and presumptions (Sections 107-
114).
Estoppel- Scope of Estoppel - Introduction as to its rationale (Section 115)- Estoppel distinguished from
Res judicata - Waiver and Presumption- Kinds of Estoppel- Equitable and Promissory Estoppel-
Tenancy Estoppel (Section 116).

UNIT-V
Witness, Examination and Cross Examination- Competence to testify (Sections 118 - 120); Privileged
communications (Sections 121 -128); General principles of examination and cross examination
(Sections 135 to 166); Leading questions (Sections 141- 145); Approver’s testimony (Section 133);
Hostile witnesses (Section 154); Compulsion to answer questions (Sections 147, 153); Questions of
corroboration(Sections 156-157). Judge’s power in bringing out truth (Section 165).
Improper admission of evidence (Section 167).

3
 INDIAN PENAL CODE–II

UNIT-I: Offences against the State & Economy

 Terrorism: Past experiences and present challenges.
 History of the law relating to sedition.
 Comparative study of the law relating to sedition in India and England with respect to their
content and scope.
 Offences related to coins, currency, stamps and bank notes.

UNIT-II: Offences affecting Life and Limb

 Culpable homicide under IPC and English Law.
 Hurt, grievous hurt and acid attack: Recent Developments.
 Kidnapping and Abduction.
 Trafficking in person: Recent Changes in IPC.

UNIT-III: Sexual and Non-sexual offences against women

 Offences against women: Sociological perspective.
 Anti-dowry provisions under IPC and the Dowry Prohibition Act, 1961.
 Cruelty against women: IPC and the Protection of Women from Domestic Violence Act,
2006.
 Sexual offences in India: The Legislative framework and Judicial Response.

UNIT-IV: Offences affecting personal property

 Types of offences relating to property.
 The jurisprudential analysis of the offence of theft under IPC.
 Theft: a comparative study of Indian and English law.
 Cheating, breach of trust and criminal misappropriation of property.
 Violent property offences viz. extortion, robbery and dacoity.

UNIT-V: Agenda for reform

 The debate and its direction.
 Identifying the grey areas and suggestions for reform in IPC.

REFERENCES:
1- A Textbook on The Indian Penal Code (2016)---- by K.D. Gaur
2- Cases and Materials on Criminal Law (2016)------by K.D. Gaur
3- G. Williams Text Book of Criminal Law (2012)------------------by Dennis J Baker
4- Russell on Crime (2012)--------------------------------by J.W.C. Turner
5- Cases and Materials on Criminal Law (2010)---------------------by Dine & Gobert
6- 42nd Report of the Law Commission of India (1971).
7- Criminal Law (2015)------------------------------------------------by Smith and Hogan
8- B.M. Gandhi’s Indian Penal Code (2017)------------------------------------------by K.A. Pandey

5
 ADMINISTRATIVE LAW

UNIT-I: INTRODUCTION
 Meaning, Definition, Scope and significance of Administrative Law
 Evolution and Development of Administrative Law
 Basic Principles of Administrative Law:-Rule of Law and Theory of Separation of Power
 Administration and the principles of the Constitution

UNIT-II: DELEGATED LEGISLATION

 Meaning, Nature, Kind and Growth of Delegated Legislation
 Restraint on delegation of Legislative Power
 Control Mechanisms of Delegated Legislation:- Parliamentary, Procedural and Judicial
Control
 Sub-Delegation – Legislative, Judicial

UNIT-III: PRINCIPLES OF NATURAL JUSTICE

 Concept, Evolution and Importance of Principles of Natural Justice
 Nemojudex in causa sua (Rule against Bias)
 Audi Alteram Partem (Rule of Fair Hearing)
 Reasoned Decision (Speaking Order)
 Exceptions to Natural Justice
 Effect of Non- Observance of the Principles of Natural Justice

UNIT-IV: ADMINISTRATIVE DISCRETION

 Meaning of Discretion, Judicial Review of Conferment and Exercise of Discretionary Power
 Judicial Review of Administrative Action, Grounds of Judicial Review:- Abuse of
Discretionary Power
 Doctrine of Legitimate Expectation
 Doctrine of Public Accountability
 Doctrine of Proportionality
 Writ Jurisdiction:- Power of Judicial Review of Supreme Court and High Courts

UNIT-V: ACCOUNTABILITY OF GOVERNMENT AND CITIZENS’ RIGHTS

 Central Vigilance Commission
 Tribunalization in India
 Right to Information Act, 2005
 Ombudsman- Lokpal and Lokayukta
 Regulatory Authorities
 Whistleblower Protection Law

REFERENCES:-
1. Griffith and Street: Principles of Administrative Law.
2. I.P. Massey: Administrative Law, Eastern Book Company.
3. De Smith: Judicial Review of Administrative Action, Sweet and Maxwell.
4. S.P. Sathe: Administrative Law, Butterworths.
5. Jain and Jain: Principles of Administrative Law, Wadhawa Publication, Nagpur.
6. H.W.R. Wade: Administrative Law, Oxford Publications, London.
7. Justice P.N. Banerjee, Judicial Control of Administrative Action, Lexis Nexis.
8. M.P. Jain: Cases and Materials on Administrative Law (1996), Vol. I, Wadhawa, Nagpur
9. C K Takwani: Lectures on Administrative Law, Sixth Edition, Eastern Book Company

6
 CRIMINAL PROCEDURE CODE

UNIT-I:
 Definition, object and scope of Cr.P.C.
 Constitution and Hierarchy of Criminal Courts and their powers
 Functionaries under the Cr.P.C. and their powers
 Criminal Procedure for trial of Special Offences

Unit-II:
Arrest, Investigation and Trial
 Arrest and Rights of Arrested Persons
 Procedure for Investigation, F.I.R.
 Charge
 Inquiry and Trial

Unit-III:
Bail, Sentencing and Probation
 Bail: Concept, Purpose & General
 Provision, Anticipatory bail
 Execution, Suspension, Remission and Commutation of Sentences
 Probation: Definition, Powers and Duties of Probation Officers/ Courts

Unit-IV:
Judgment and Appeal, Revision, Reference
 Modes of providing Judgment
 The rationale of Appeal, Review Revision.
 Compensation and Cost

Unit- V:
Reform in Criminal Procedure Code
 Plea Bargaining
 Victim Protection and Participation, Rights of the victim
 Contemporary Development in Criminal Justice System

REFERENCES:
1. Ratanlal & Dherajlal: Code of Criminal Procedure
2. Sexena R.N.: Criminal Procedure
3. Kelkar R.V.: Outline of Criminal Procedure Code
4. Tondan M.P.: Criminal Procedure Code
5. Paranjape: Law Relating to Probation of
Offenders
6. Mishra S.N.: Code of Criminal Procedure
7. Ganguly: Criminal Court, Practice and Procedure
8. Sarkar: Criminal Procedure
9. D.D. Basu: Code of Criminal Procedure
10. K.N. Chandrasekharan Pillai: R.V. Kelkar’s Criminal Procedure
11. Chandrasekharan Pillai Ed. : Kelkar’s Outline of Criminal Procedure
(2001) Eastern, Lucknow
12. Report of the Committee on Reforms of Criminal Justice System

7
 JURISPRUDENCE

UNIT – I: Jurisprudence: Nature, Scope, Definition and Significance

 Jurisprudence and Legal Theory
 Definition of Jurisprudence
 Jurisprudence: Science or Philosophy?
 ‘Ought’ Law
 ‘Is’ Law

UNIT – II: Analytical Positivism

 Central Claims of Analytical Positivism
 Jeremy Bentham’s theory of Law
 Utilitarianism
 John Austin’s theory of Law
 H. L. A. Hart’s Concept of Law
 Hans Kelsen’s Pure theory of Law

UNIT – III: Historical and Sociological School of Law

 Historical School
o Karl Von Savigny’s theory of Volksgeist
o Henry Maine’s Comparative Historical Jurisprudence
 Sociological School
o Roscoe Pound’s theory of Social Engineering

UNIT – IV: American Realism

 Oliver Wendell Holmes
 Jerome Frank
 Rule Skepticism and Fact Skepticism

UNIT – V: Natural Law School & Legal Rights

 Early Greek Period
 Dark Age
 Reformist Phase – Thomas Acquinas
 Social Contract and Modern Natural Law
 Definition, Characteristics and kinds of Legal Rights

REFERENCES:
1. Jurisprudence by Dias
2. Jurisprudence by Llyod
3. Jurisprudence by Paton
4. Jurisprudence by Salmond
5. Province and Function of Law by Julius Stone
6. Jurisprudence by Wayne Morrison
7. Jurisprudence by S. N. Dhyani (Indian Perspective)

8
 PROPERTY LAW- I

Unit-I: Jurisprudence of Property

 Concept of Property
 Kinds of Property
 Registration and Stamping of instruments

Unit-II: General Principles of Transfer of Property

 Essentials of transfer (Sections 3,5,) 13,14,16,18,19,20,212)
 What may be transferred (Section 6),
 Who may transfer (Section 7)
 Rules relating to transfer of Property(Section10,11, 12)

Unit-III: Rules of Perpetuity, Interest, Accumulation, Election etc.

 Transfer to an unborn person and Rule against Perpetuity (Sections 13, 14, 16)
 Direction for accumulation
 Vested and contingent interest (Sections 19,20, 21, 22,23)
 Conditional Transfer, Condition precedent, condition subsequent,Doctrine of Cy-press
(Section 25, 26, 27, 28, 29, 30, 31, 32 )
 Right to Election (Section 35)
 Apportionment

Unit-IV: Specific Rules regarding transfer of immovable property

 Transfer of ostensible owner (Section 41)
 Feeding the grant by estoppel (Section 43)
 Transfer by non-owner & co-owners.
 Lispendens (Section 52)
 Fraudulent transfer (Section 53)
 Part Performance (Section 53-A)

Unit-V: Easement and Prescription

 Nature, Creations,Extincition,
 Riparian Rights- Nature, Issues, Statutory Recognition, Riparian owner
 Licenses,
 Use- right by prescription.
 Provisions of Easement Act, 1882

REFERENCES:
1. James Penner and Henry Smith, Philosophical Foundations of Property Law, Oxford Scholarship
Online, Jan 2014.
2. F.H. Lawson and Bernard Rudden, The Law of Property, Oxford University Press, 2002 (Online
2012).
3. Mulla, The Transfer of Property Act, Lexis Nexis.
4. Vepa P. Sarathi, Transfer of Property, EBC
5. Dr. PoonamPradhanSaxena, Property Law, Lexis Nexis
6. Dr. A.P. Singh, Ashish Kumar Srivastava, Property Laws, Lexis Nexis.
7. Dr. Hepburn S.J., Principles of Property Law, Routledge Cavendish, Oxon & New York.
8. Alison Clarke & Paul Kohler, Property Law. Commentary and Material, Cambridge University
Press.