SVKM’s Narsee Monjee Institute of Management Studies

Name of School – Kirit P. Mehta School of Law

Program: B.A LL.B. & BBA LL.B. 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
(Marks - 50)
week) week) in 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:

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
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

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

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
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

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, 14th 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

 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

Reading Material: Section 32 from Principles of Law of Evidence by Avtar

Singh, Central Law Publications, 2018 Edition.
11. Relevancy of Judgments 3 hrs

Understanding when the judgments of the Court 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

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.
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

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

 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

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.

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 :

Details of Internal Continuous Assessment (ICA)
Specific assessments / methods Weightage
Continuous assessment In per cent
Research Paper 20
Seminar 10
Viva 10
Class Participation 10
Total 50

Ekta Saini ____________

Signature Signature
 SVKM’s Narsee Monjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law

(Prepared by Faculty) (Approved by Dean)