LL.B. 3 Years Semester 6 Notes 2026

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1. Law of Evidence (Bharatiya Sakshya Adhiniyam 2023)

   Official Notes munotes.in

   Law of Evidence (Bharatiya Sakshya Adhiniyam 2023)

   LL.B. 3 YEARS · SEMESTER 6

   Strictly as per the revised CBCS syllabus of the University of Mumbai

   For students of the University of Mumbai and all its affiliated law colleges

   munotes.in Third Year

   Law of Evidence (Bharatiya Sakshya Adhiniyam 2023)

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   Written and first published by munotes.in, 2026.

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   Contents

   Module I

   1. The Law of Evidence Is Now the Sakshya Adhiniyam 1
   2. What the Law of Evidence Does 7
   3. Where the Adhiniyam Applies 12
   4. Court, Fact and Facts in Issue 18
   5. Relevancy and Admissibility 24
   6. Document and Evidence 30
   7. Proved, Disproved and Not Proved 34
   8. May Presume, Shall Presume and Conclusive Proof 38
   9. Kinds of Evidence 42
   10. Res Gestae 47
   11. Occasion, Cause, Effect and Opportunity 53
   12. Motive and Preparation 57
   13. Conduct 62
   14. Facts That Explain, Introduce or Identify 69
   15. Things Said or Done by a Conspirator 75
   16. Facts Not Otherwise Relevant, and Alibi 82
   17. Damages, Rights and Customs 87
   18. State of Mind and Body 91
   19. Accident, Intention and Course of Business 97
   20. What an Admission Is 102

   Contents continued

   Module I continued

   1. Who Can Make an Admission 107
   2. Proving an Admission 112
   3. Admissions Are Not Conclusive 118
   4. What a Confession Is 122
   5. Confessions Caused by Inducement, Threat, Coercion or Promise 127
   6. Confession to a Police Officer 133
   7. Information Leading to a Discovery 139
   8. Confession of a Co-Accused 145
   9. Judicial, Extra-Judicial and Retracted Confessions 150
   10. Statements by Persons Who Cannot Be Called 156
   11. Dying Declarations 161
   12. Recording and Weighing a Dying Declaration 167
   13. Statements in the Course of Business or Against Interest 173
   14. Statements on Public Rights, Relationship and Family Matters 178
   15. Evidence Given in an Earlier Proceeding 183
   16. Books of Account and Public Records 187
   17. Maps, Acts, Law Books and the Whole Statement 192
   18. Judgments That Bar a Second Suit or Trial 197
   19. Judgments in Rem 201

   Contents continued

   Module I continued

   1. Other Judgments, and Fraud or Incompetence 206
   2. Expert Opinion 212
   3. The Examiner of Electronic Evidence 217
   4. Opinion on Handwriting and Signature 221
   5. Opinions on Custom, Usage and Relationship 227
   6. Character in Civil Cases 232
   7. Character in Criminal Cases 236
   8. Character and Sexual History in Sexual Offence Cases 242
   9. The IT Act Definitions: Computers, Data and Records 250
   10. The IT Act Definitions: Signatures, Certificates and Intermediaries 256

   Module II Proofs and Burden of Proof (ss. 56-117)

   1. Facts Judicially Noticed 263
   2. Facts Admitted 269
   3. Oral Evidence and the Hearsay Rule 274
   4. Primary Evidence 280
   5. Secondary Evidence 285
   6. When Secondary Evidence May Be Given 291
   7. Proof of Signature and Handwriting 298

   Contents continued

   Module II continued Proofs and Burden of Proof (ss. 56-117)

   1. Proof of Attested Documents 303
   2. Electronic and Digital Records 310
   3. The Certificate Under Section 63 315
   4. How the Courts Read the Certificate Rule 323
   5. Recordings, CCTV and Messages as Evidence 328
   6. Electronic and Digital Signatures 333
   7. Public and Private Documents 337
   8. Certified Copies and Official Documents 341
   9. How Presumptions Work 346
   10. Presumptions as to Documents 351
   11. Presumptions as to Electronic Records 357
   12. Documents Not Produced and Thirty-Year-Old Documents 362
   13. Presumption as to Certain Offences 366
   14. Birth During Marriage and Legitimacy 370
   15. Abetment of Suicide by a Married Woman 376
   16. Dowry Death 380
   17. The Court May Presume 385
   18. Absence of Consent in Rape Prosecutions 391
   19. When the Terms Are in Writing 394

   Contents continued

   Module II continued Proofs and Burden of Proof (ss. 56-117)

   1. No Oral Agreement Against the Writing 399
   2. Ambiguity in Documents 404
   3. Strangers to the Document and Wills 409
   4. Burden of Proof 413
   5. Burden of Proof in a Criminal Trial 418
   6. Facts Especially Within Knowledge 423
   7. Alive or Dead: Thirty Years and Seven Years 428
   8. Relationship, Ownership and Active Confidence 432
   9. Estoppel 436
   10. Kinds and Limits of Estoppel 440
   11. Estoppel of Tenants, Licensees, Acceptors and Bailees 445

   Module III Witnesses (ss. 118-167)

   1. Who May Testify 449
   2. Child Witnesses 453
   3. Witnesses Unable to Communicate Verbally 457
   4. Husband and Wife as Witnesses 462
   5. Judges and Magistrates as Witnesses 466
   6. Affairs of State and Official Communications 469
   7. Informers and Professional Communications 474

   Contents continued

   Module III continued Witnesses (ss. 118-167)

   1. Documents a Witness Need Not Produce, and Incriminating Answers 479
   2. Accomplice Evidence 483
   3. Number of Witnesses 488
   4. Order of Witnesses, and the Judge's Ruling on Admissibility 491
   5. Examination-in-Chief, Cross-Examination and Re-Examination 495
   6. Refreshing Memory 499
   7. Production of Documents in Court 504
   8. Leading Questions 509
   9. Matters in Writing and Previous Statements 513
   10. Questions Lawful in Cross-Examination 520
   11. Indecent, Scandalous and Insulting Questions 526
   12. Hostile Witnesses 531
   13. Impeaching the Credit of a Witness 536
   14. Corroboration 541
   15. The Judge's Power to Put Questions 547
   16. Improper Admission and Rejection of Evidence 554

   Module IV Forensic Evidence Use and applicability of Forensic Evidence in the

   1. What Forensic Science Is 559

   Contents continued

   Module IV continued Forensic Evidence Use and applicability of Forensic Evidence in the

   1. The Branches of Forensic Science 564
   2. Forensic Evidence and Its Kinds 568
   3. The Crime Scene and the Chain of Custody 572
   4. DNA Evidence 578
   5. Fingerprints and Other Impressions 584
   6. Firearms and Ballistics 589
   7. Questioned Documents 594
   8. Digital Forensics 598
   9. Medical Evidence and the Post-Mortem 603
   10. Forensic Evidence in Criminal Cases 608
   11. Forensic Evidence in Civil Cases 613
   12. Forensic Evidence Under the Adhiniyam 617
   13. Scientific Tests and the Right Against Self-Incrimination 622
   14. Who Is an Expert Witness 627
   15. Admissibility and Weight of Expert Opinion 632
   16. Medical and Eyewitness Evidence in Conflict 636

   Page 1 onwards

   639 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 639 pages.

   Every chapter in the notes: 126 chapters across 4 modules

   Module I 49 chapters

   1. 1 The Law of Evidence Is Now the Sakshya Adhiniyam pages 1–6
   2. 2 What the Law of Evidence Does pages 7–11
   3. 3 Where the Adhiniyam Applies pages 12–17
   4. 4 Court, Fact and Facts in Issue pages 18–23
   5. 5 Relevancy and Admissibility pages 24–29
   6. 6 Document and Evidence pages 30–33
   7. 7 Proved, Disproved and Not Proved pages 34–37
   8. 8 May Presume, Shall Presume and Conclusive Proof pages 38–41
   9. 9 Kinds of Evidence pages 42–46
   10. 10 Res Gestae pages 47–52
   11. 11 Occasion, Cause, Effect and Opportunity pages 53–56
   12. 12 Motive and Preparation pages 57–61
   13. 13 Conduct pages 62–68
   14. 14 Facts That Explain, Introduce or Identify pages 69–74
   15. 15 Things Said or Done by a Conspirator pages 75–81
   16. 16 Facts Not Otherwise Relevant, and Alibi pages 82–86
   17. 17 Damages, Rights and Customs pages 87–90
   18. 18 State of Mind and Body pages 91–96
   19. 19 Accident, Intention and Course of Business pages 97–101
   20. 20 What an Admission Is pages 102–106
   21. 21 Who Can Make an Admission pages 107–111
   22. 22 Proving an Admission pages 112–117
   23. 23 Admissions Are Not Conclusive pages 118–121
   24. 24 What a Confession Is pages 122–126
   25. 25 Confessions Caused by Inducement, Threat, Coercion or Promise pages 127–132
   26. 26 Confession to a Police Officer pages 133–138
   27. 27 Information Leading to a Discovery pages 139–144
   28. 28 Confession of a Co-Accused pages 145–149
   29. 29 Judicial, Extra-Judicial and Retracted Confessions pages 150–155
   30. 30 Statements by Persons Who Cannot Be Called pages 156–160
   31. 31 Dying Declarations pages 161–166
   32. 32 Recording and Weighing a Dying Declaration pages 167–172
   33. 33 Statements in the Course of Business or Against Interest pages 173–177
   34. 34 Statements on Public Rights, Relationship and Family Matters pages 178–182
   35. 35 Evidence Given in an Earlier Proceeding pages 183–186
   36. 36 Books of Account and Public Records pages 187–191
   37. 37 Maps, Acts, Law Books and the Whole Statement pages 192–196
   38. 38 Judgments That Bar a Second Suit or Trial pages 197–200
   39. 39 Judgments in Rem pages 201–205
   40. 40 Other Judgments, and Fraud or Incompetence pages 206–211
   41. 41 Expert Opinion pages 212–216
   42. 42 The Examiner of Electronic Evidence pages 217–220
   43. 43 Opinion on Handwriting and Signature pages 221–226
   44. 44 Opinions on Custom, Usage and Relationship pages 227–231
   45. 45 Character in Civil Cases pages 232–235
   46. 46 Character in Criminal Cases pages 236–241
   47. 47 Character and Sexual History in Sexual Offence Cases pages 242–249
   48. 48 The IT Act Definitions: Computers, Data and Records pages 250–255
   49. 49 The IT Act Definitions: Signatures, Certificates and Intermediaries pages 256–262

   Module II 37 chapters

   1. 50 Facts Judicially Noticed pages 263–268
   2. 51 Facts Admitted pages 269–273
   3. 52 Oral Evidence and the Hearsay Rule pages 274–279
   4. 53 Primary Evidence pages 280–284
   5. 54 Secondary Evidence pages 285–290
   6. 55 When Secondary Evidence May Be Given pages 291–297
   7. 56 Proof of Signature and Handwriting pages 298–302
   8. 57 Proof of Attested Documents pages 303–309
   9. 58 Electronic and Digital Records pages 310–314
   10. 59 The Certificate Under Section 63 pages 315–322
   11. 60 How the Courts Read the Certificate Rule pages 323–327
   12. 61 Recordings, CCTV and Messages as Evidence pages 328–332
   13. 62 Electronic and Digital Signatures pages 333–336
   14. 63 Public and Private Documents pages 337–340
   15. 64 Certified Copies and Official Documents pages 341–345
   16. 65 How Presumptions Work pages 346–350
   17. 66 Presumptions as to Documents pages 351–356
   18. 67 Presumptions as to Electronic Records pages 357–361
   19. 68 Documents Not Produced and Thirty-Year-Old Documents pages 362–365
   20. 69 Presumption as to Certain Offences pages 366–369
   21. 70 Birth During Marriage and Legitimacy pages 370–375
   22. 71 Abetment of Suicide by a Married Woman pages 376–379
   23. 72 Dowry Death pages 380–384
   24. 73 The Court May Presume pages 385–390
   25. 74 Absence of Consent in Rape Prosecutions pages 391–393
   26. 75 When the Terms Are in Writing pages 394–398
   27. 76 No Oral Agreement Against the Writing pages 399–403
   28. 77 Ambiguity in Documents pages 404–408
   29. 78 Strangers to the Document and Wills pages 409–412
   30. 79 Burden of Proof pages 413–417
   31. 80 Burden of Proof in a Criminal Trial pages 418–422
   32. 81 Facts Especially Within Knowledge pages 423–427
   33. 82 Alive or Dead: Thirty Years and Seven Years pages 428–431
   34. 83 Relationship, Ownership and Active Confidence pages 432–435
   35. 84 Estoppel pages 436–439
   36. 85 Kinds and Limits of Estoppel pages 440–444
   37. 86 Estoppel of Tenants, Licensees, Acceptors and Bailees pages 445–448

   Module III 23 chapters

   1. 87 Who May Testify pages 449–452
   2. 88 Child Witnesses pages 453–456
   3. 89 Witnesses Unable to Communicate Verbally pages 457–461
   4. 90 Husband and Wife as Witnesses pages 462–465
   5. 91 Judges and Magistrates as Witnesses pages 466–468
   6. 92 Affairs of State and Official Communications pages 469–473
   7. 93 Informers and Professional Communications pages 474–478
   8. 94 Documents a Witness Need Not Produce, and Incriminating Answers pages 479–482
   9. 95 Accomplice Evidence pages 483–487
   10. 96 Number of Witnesses pages 488–490
   11. 97 Order of Witnesses, and the Judge's Ruling on Admissibility pages 491–494
   12. 98 Examination-in-Chief, Cross-Examination and Re-Examination pages 495–498
   13. 99 Refreshing Memory pages 499–503
   14. 100 Production of Documents in Court pages 504–508
   15. 101 Leading Questions pages 509–512
   16. 102 Matters in Writing and Previous Statements pages 513–519
   17. 103 Questions Lawful in Cross-Examination pages 520–525
   18. 104 Indecent, Scandalous and Insulting Questions pages 526–530
   19. 105 Hostile Witnesses pages 531–535
   20. 106 Impeaching the Credit of a Witness pages 536–540
   21. 107 Corroboration pages 541–546
   22. 108 The Judge's Power to Put Questions pages 547–553
   23. 109 Improper Admission and Rejection of Evidence pages 554–558

   Module IV 17 chapters

   1. 110 What Forensic Science Is pages 559–563
   2. 111 The Branches of Forensic Science pages 564–567
   3. 112 Forensic Evidence and Its Kinds pages 568–571
   4. 113 The Crime Scene and the Chain of Custody pages 572–577
   5. 114 DNA Evidence pages 578–583
   6. 115 Fingerprints and Other Impressions pages 584–588
   7. 116 Firearms and Ballistics pages 589–593
   8. 117 Questioned Documents pages 594–597
   9. 118 Digital Forensics pages 598–602
   10. 119 Medical Evidence and the Post-Mortem pages 603–607
   11. 120 Forensic Evidence in Criminal Cases pages 608–612
   12. 121 Forensic Evidence in Civil Cases pages 613–616
   13. 122 Forensic Evidence Under the Adhiniyam pages 617–621
   14. 123 Scientific Tests and the Right Against Self-Incrimination pages 622–626
   15. 124 Who Is an Expert Witness pages 627–631
   16. 125 Admissibility and Weight of Expert Opinion pages 632–635
   17. 126 Medical and Eyewitness Evidence in Conflict pages 636–639

Not written yet, and included the day each one lands: Intellectual Property Laws; Law of Taxation; Law of Banking and Negotiable Instruments; Law of Insurance; Drafting Pleading and Conveyancing III; Law and Medicine; Law Relating to Women and Children; Conflict of Laws.

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