LL.B. (Three Years) Law of Evidence Syllabus - SPPU 2026

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Syllabus for Law of Evidence

Semester 3 · Second Year · 4 credits

Course aims

The Bharatiya Sankshya Sanhita, 2023 enacted to replace the Indian Evidence Act, 1872. This enactment is a comprehensive legislation that governs the admissibility, relevancy, and examination of evidence in Indian courts. Hence, being it plays a vital role in ensuring fairness and justice in legal proceedings by setting out rules and procedures for presenting evidence so it aims at to make aware the law students regarding its various provisions. Further, the weightage assigned reflects the relative importance of each topic in the overall curriculum.

Objectives

The objectives of this course are to equips the students with knowledge of : (a) the fundamental principles of evidence law, (b) the strict application of it in judicial proceedings, (c) the role of evidence law in civil and criminal proceedings, (d) the connection of the course with substantive and other procedural laws, and (e) the relevance of the course in non-litigation practice. The student will also be exposed to the concerned provisions of the Information Technology Act, 2000. To aware the law students that BSS applies to all judicial proceedings in India, including civil, criminal, and arbitration proceedings, and how it covers both oral and documentary evidence.

Outcomes

● These topics under this curriculum will provide the students with a comprehensive understanding of evidentiary rules and principles in India.
● It will inculcate among the law student the understanding about the fair and efficient administration of justice by knowing the manner in which evidence is presented, evaluated, and used in court.
● This will help to law students understand the rules for determining what evidence is admissible, how it should be proved, and how witnesses should be examined and cross- examined.
● The law students will be realized that how the law of evidence is a fundamental pillar of the Indian legal system, ensuring the reliability and credibility of evidence presented in court.

Module 01: Introduction to Law of Evidence

1. Overview of the Indian Evidence Act, historical background, objectives, and scope Central Conceptions in Law of Evidence,
2. Bhartiya Sakshya Sanhita, 2023: Structure and Key Provisions
3. Definitions - Facts Sec. 2 (f), relevant facts Sec. 2 (k), facts in issue Sec. 2 (g),
4. Evidence Sec. 2 (e): Oral and documentary and real Primary and secondary evidence, Sec 2 (d), Circumstantial Evidence and Direct and indirect Evidence, Hearsay Evidence, Proved Sec. 2 (j), Not Proved Sec. 2 (i) and Disproving Sec. 2 (c), Witness Sec. 124,
5. Appreciation of Evidence and Presumption: May Presume Sec. 2 (h), Shall Presume Sec. 2 (l) and Conclusive Proof Sec. 2 (b)

Module 02: Relevance and Admissibility

1. Concepts of relevance and admissibility, admissible and inadmissible evidence Sec. 3
2. The Doctrine of Res Gestae Secs. 4, 5, 6, Test identification parade Sec. 7, Evidence of Common Intention Sec. 8, The problems of relevancy of ‘Otherwise’ Irrelevant Facts Sec. 9, facts to determine amount of damages Sec. 10, Proof of Custom Sec. 11, Facts concerning state of body and mind Secs. 12, 13 & 14.
3. Admissions Secs. 15-21, General Principles concerning Admissions Sec. 25
4. Confessions Secs. 22-24 - Admissibility and Inadmissibility of confession made before a police officer, Confession by coaccused, the problems with the judicial action based on a "retracted confession", Differences between "Admission" and "Confession",

Module 03: Statements by Persons

1. Statement of persons who cannot be called as witnesses Secs. 26-27
2. Statement made under special circumstances Secs. 28-32, How much of a statement is to be proved Sec. 33
3. Judgments of courts when relevant Secs. 34-38
4. Relevancy of expert witness Secs. 39-45, The problems with expert testimony.
5. Evidence of character Secs. 46-50

Module 04: Documentary Evidence

1. Types of documents, admissibility of documents, proof of execution, secondary evidence Documentary evidence:
2. General Principles concerning documentary evidence Sec. 56, Primary and Secondary evidence, Secs. 57-60
3. Electronic and digital record Sec. 61, Admissibility and Relevancy of Electronic Records Secs. 62-63, relevant legal provisions under the Information Technology Act, 2000
4. Attested documents Secs. 65-73
5. Public document and private document Secs. 74-77, Presumptions regarding documents Secs. 78-93
6. General Principles Regarding Exclusion of Oral by Documentary Evidence Secs. 94-95
7. Ambiguous documents Secs. 96-103

Module 05: Witnesses

1. Competency and compellability of witnesses, who may testify Sec. 124
2. Witness unable to communicate verbally Sec. 125
3. Examination of witnesses, Competency to testify Secs. 126-127,
4. Privileges of communications: matrimonial privileges Secs. 128, State Privilege Sec. 129, Official Communications Sec. 130, Information as to commission of offences Sec. 131
5. Professional Privilege Sec. 132-134
6. Other provisions as to witness Sec. 135, 136 and 137
7. Accomplice and number of witnesses Sec. 138 and Sec. 139

Module 06: Burden of Proof

1. Burden of proof and standard of proof, burden of proof in civil and criminal cases
2. The general conception of burden of proof Secs. 104-107,
3. General and Special Exceptions to burden of proof Secs. 108-116,
4. Court may presume existence of certain facts Secs. 117-120,
5. The Scope or the doctrine of judicial notice Secs. 51-52
6. Facts admitted need not be proved Secs. 53

Module 07: Oral Evidence

1. Oral evidence: general principles concerning Oral Evidence, exceptions to hearsay evidence.
2. Oral evidence: Examination-in-chief, cross-examination, re-examination, witness credibility - General Principles of Examination Secs. 140-168, Leading Questions Sec. 146, Lawful Questions in Cross-Examination Sec. 149, Hostile witness Sec. 157, Impeaching of the standing the credit of witnesses Sec. 158,
3. Refreshing the memory Sec. 162.

Module 08: Estoppel

1. What is Estoppel? Estoppel, Res judicata and waiver; and presumption,
2. Promissory Estoppel, Secs. 121-123,
3. Effect of Improper admission and of witness in civil and criminal eases Sec. 169

Any other information

1. The topics, cases and suggested readings given above are not exhaustive.
2. Teachers of the Course shall be at liberty to add the case/suggested readings.
3. Students are required to study/refer to the legislations as amended from time to time, and consult the latest editions of books on this course.

Reproduced from the Savitribai Phule Pune University Revised CBCS Rule and Syllabus for LL.B., the 2023 pattern as amended on 18 July 2024. Wording is as printed in that syllabus. Module numbering is as printed there too.

The complete syllabus

Every subject above is cut from the revised syllabus. Open the document here if you want the whole thing rather than a single subject.

PDF Complete LL.B. syllabus Revised syllabus (CBCS 2023 pattern), as amended on 18 July 2024 Read full PDF Read

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