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📜 LAW OF EVIDENCE - FULL EXAM NOTES
(Designed for One-Time Reading & Instant Recall)
🚀 1. Introduction to Law of Evidence (S.1-4)
📌 Imagine This : You are Sherlock Holmes investigating a case. Everything you find—fingerprints, CCTV footage, witness statements—is "evidence." But not everything is legally acceptable in court. That's where the Indian Evidence Act, 1872 comes in!
💡 Why Does It Matter?
● It tells us what counts as evidence and what doesn’t. ● Ensures justice is based on facts , not just opinions.
🔎 Key Takeaways : ✔ Evidence = Facts in Issue + Relevant Facts ✔ Direct Evidence > Circumstantial Evidence ✔ Admissibility ≠ Relevancy (S.5-55 clarify this)
⚖ Case Law : State of UP v. Raj Narain (1975) – Public records are admissible evidence.
🧠 Mnemonic : REAL Evidence = R elevant, E xisting, A uthentic, L egal
🧐 2. Types of Evidence (S.3, 60-65, 101)
💡 Let’s Play Detective!
👀 DIRECT EVIDENCE : If you see a murder happening = Strongest proof 🔄 CIRCUMSTANTIAL EVIDENCE : You see bloody footprints but not the crime = Needs strong correlation
📖 Types of Evidence in Law 1 ⃣ Oral Evidence (S.60) – What a witness says in court. 2 ⃣ Documentary Evidence (S.61-65) – Written records (contracts, wills). 3 ⃣ Primary vs. Secondary Evidence :
● Primary : Original document ● Secondary : Copies, photocopies, etc.
⚖ Case Law : M.G. Agarwal v. State of Maharashtra (1963) – Circumstantial evidence can be as strong as direct evidence if it forms a chain.
🧠 Mnemonic : O-D Rule → O ral = SPOKEN , D ocumentary = WRITTEN
🛑 3. Relevancy & Admissibility (S.5-55)
🎭 Story Time!
A magician performs a card trick. Only certain cards are relevant to the trick, and some can’t be used (inadmissible). The same applies to court evidence.
🧐 Important Rules ✅ Res Gestae (S.6) – "Spontaneous utterances" are admissible! ✅ Hearsay Rule – You can’t say, "My friend told me..." ✅ Confessions & Admissions – Only voluntary confessions are valid.
⚖ Case Law : Pakala Narayan Swami v. King Emperor (1939) – Res Gestae rule applied.
🧠 Mnemonic : HERO Rule → H earsay Evidence R arely O pen (to use).
⚰ 4. Dying Declaration (S.32(1))
💀 Last Words Matter!
Imagine someone is fatally injured and whispers "It was my neighbor!" before dying. Should the court accept it? YES! But only if: ✔ The person believed they were dying ✔ It’s related to the cause of death
💡 Why Is It an Exception?
● A dying person won’t lie before death!
⚖ Case Law : Sharad Birdhichand Sarda v. State of Maharashtra (1984) – Dying declaration must be reliable.
🧠 Mnemonic : DIE Rule → D eclaration I s E vidence.
💡 What About Hostile Witnesses?
● A witness turns against the party who called them. ● The court may allow cross-examination by the same party.
⚖ Case Law : Sat Pal v. Delhi Admin (1976) – Hostile witness rules clarified.
🧠 Mnemonic : EXAM Rule → E xamination N eeds A ccuracy & M ethod.
🔚 Exam Writing Tips
✔ Always mention Sections from the Indian Evidence Act, 1872. ✔ Include at least one case law per answer. ✔ Use Mnemonics for better retention. ✔ Manage Time – Allocate 15-20 mins per long answer. ✔ Practice Answering with IRAC Method – Issue → Rule → Application → Conclusion
🌟 Why This Format Works?
🚀 Storytelling & Analogies – Makes it memorable 🚀 Diagrams & Mnemonics – Triggers quick recall 🚀 Bare Act & Case Laws – Ensures legal accuracy
📜 LAW OF EVIDENCE - ADDITIONAL IMPORTANT
TOPICS
(Optimized for Quick Retention & Exam Success!)
📌 8. Judicial Notice (S.56-58)
📖 What if the Court Already Knows the Fact? Imagine proving in court that "The Sun rises in the East". No need! The court already knows.
✅ Judicial Notice allows courts to accept common, well-known facts without evidence.
💡 Examples of Facts Under Judicial Notice
● Laws of nature ( gravity, sunrise, time zones ) ● Official Gazette notifications ● Public holidays
⚖ Case Law : State of Maharashtra v. Mayer Hans George (1965) – Court took judicial notice of the Customs Act provisions.
🧠 Mnemonic : JUDGE Rule → J udicial U se of D efinite G eneral E vidence
📌 9. Expert Opinion (S.45-51)
🎓 When Do We Call Experts in Court?
🔬 DNA Tests, Handwriting Verification, Medical Reports – Courts need expert opinions in specialized areas.
📖 Key Rules About Expert Opinion
● It is advisory, not binding ● It must be corroborated by other evidence
⚖ Case Law : State of HP v. Jai Lal (1999) – Expert opinion must be based on proven facts.
🧠 Mnemonic : EXPERT → E xperience P roves E very R elevant T heory
📌 10. Confessions (S.24-30)
🤐 A Confession Must Be...
✅ Voluntary – No threats, inducements, or promises. ✅ True & Complete – Partial confessions are not valid.
📖 Types of Confessions 1 ⃣ Judicial Confession – Given before a magistrate. 2 ⃣ Extra-Judicial Confession – Given to any other person.
💡 Key Rule : A confession can be retracted , but it should be corroborated.
📖 Types of Privileged Communications ✅ Husband-Wife (S.122) – Cannot disclose private conversations. ✅ Lawyer-Client (S.126-129) – A lawyer cannot disclose client secrets. ✅ State Secrets (S.123-124) – Government can refuse to disclose sensitive info.
⚖ Case Law : M.C. Verghese v. T.J. Ponnan (1969) – Husband-wife communication is protected even after divorce.
🧠 Mnemonic : SECRET Rule → S pouse E vidence C lient R estricted E xception T est
📌 14. Documentary Evidence & Primary vs. Secondary
Evidence (S.61-66)
📖 When Do We Accept Documents as Evidence? ✅ Primary Evidence (S.62) – Original document is best evidence. ✅ Secondary Evidence (S.63-66) – Copies, certified documents can be used if original is unavailable.
💡 Key Rule : Best Evidence Rule → Courts prefer original documents over copies.
⚖ Case Law : Murarka Properties v. Beharilal Murarka (1978) – Importance of proving documents in the correct manner.
🧠 Mnemonic : DOC Rule → D ocument O riginal is C rucial
📌 15. Presumptions Under Evidence Act (S.114, 114A)
💡 How Do Courts Assume Facts? Sometimes, courts presume facts without strict proof.
📖 Types of Presumptions ✅ Presumption of Innocence – Every accused is innocent until proven guilty. ✅ Presumption of Consent (S.114A) – In rape cases, if the victim testifies no consent , the court presumes it.
⚖ Case Law : State of U.P. v. Kishan Gopal (1982) – Burden of proof lies on the prosecution.
🧠 Mnemonic : PRESUME Rule → P roven R easonable E vidence S upports U nderlying M eaning E xception
🔚 FINAL EXAM TIPS
✔ Always mention Sections from the Indian Evidence Act, 1872. ✔ Include at least one case law per answer. ✔ Use Mnemonics for better retention. ✔ Manage Time – Allocate 15-20 mins per long answer. ✔ Practice Answering with IRAC Method – Issue → Rule → Application → Conclusion
🌟 Why This Format Works?
🚀 Storytelling & Analogies – Makes it memorable 🚀 Diagrams & Mnemonics – Triggers quick recall 🚀 Bare Act & Case Laws – Ensures legal accuracy
📜 LAW OF EVIDENCE - DETAILED CASE LAW EXPLANATION
(Covers Maximum Topics with Full Legal Explanations, Sections & Judgments!)
📌 1. State of U.P. v. Raj Narain (1975)
📖 Topic: Judicial Notice (S.56-58) ✅ Facts:
● Raj Narain challenged Indira Gandhi's election to the Lok Sabha, alleging electoral malpractices. ● He sought to produce government documents as evidence to prove the alleged misconduct. ● The government refused, citing secrecy and privilege under the Indian Evidence Act.
✅ Issue:
● Can the government refuse to disclose documents by claiming privilege? ● Should courts take judicial notice of facts in official documents?
✅ Judgment:
● Can statements made before death be admissible as evidence?
✅ Judgment:
● The Privy Council ruled that the statement was inadmissible under dying declaration (S.32) but admissible under res gestae (S.6) as part of the event.
✅ Legal Principle:
● Statements related to an event, even before the crime, can be admissible if they form part of the circumstances.
📌 4. Sharad Birdhichand Sarda v. State of Maharashtra
📖 Topic: Dying Declaration (S.32(1)) ✅ Facts:
● A woman died of poisoning , and the prosecution relied only on her dying declaration. ● The accused denied involvement.
✅ Issue:
● Can a conviction be based solely on a dying declaration?
✅ Judgment:
● The Supreme Court ruled that a dying declaration must be reliable , voluntary, and free from external influence. ● Since no corroborating evidence was present, the accused was acquitted.
✅ Legal Principle:
● A dying declaration must be fully reliable to form the sole basis of conviction.
📌 5. State of U.P. v. Kishan Gopal (1982)
📖 Topic: Presumptions & Burden of Proof (S.101-114A) ✅ Facts:
● A minor was murdered , and the accused was last seen with the victim. ● The prosecution argued that the burden of proof should shift to the accused.
✅ Issue:
● Can courts presume guilt based on the "last seen" doctrine?
✅ Judgment:
● The Supreme Court convicted the accused , stating that if the accused was last seen with the victim , the burden shifts to him to explain.
✅ Legal Principle:
● Under the "last seen" doctrine, the accused must provide an explanation; otherwise, courts can presume guilt.
📌 6. Pickard v. Sears (1837)
📖 Topic: Estoppel (S.115-117) ✅ Facts:
● Pickard allowed Sears to believe he had ownership rights over a property. ● Later, Pickard tried to reclaim it , arguing that Sears never legally owned it.
✅ Issue:
● Can Pickard deny his earlier position and take back the property?
✅ Judgment:
● The court ruled against Pickard , applying the doctrine of estoppel. ● Since he knowingly allowed Sears to act on a false belief , he was estopped from denying it later.
✅ Legal Principle:
● A person cannot go back on their earlier statement if another party has relied on it.
📌 7. State of Bihar v. Basawan Singh (1958)
📖 Topic: Documentary Evidence & Secondary Evidence (S.61-66) ✅ Facts:
● The plaintiff submitted a photocopy of an agreement instead of the original document.
✅ Issue:
● Is a photocopy admissible without proof of loss of the original?
✅ Judgment:
● The court rejected the photocopy as secondary evidence since there was no proof that the original was lost.
✅ Legal Principle:
● Primary evidence is preferred; secondary evidence is admissible only if the original is unavailable.
📌 FINAL EXAM STRATEGY
✔ Always cite Bare Act Sections and case laws in your answers. ✔ Use IRAC Method – Issue → Rule → Application → Conclusion. ✔ Follow Mnemonics for Quick Recall. ✔ For problem-based questions, explain principles first, then apply them.
📌 Need more case laws or explanations on specific topics? Let me know!
📜 LAW OF EVIDENCE - INTERNAL EXAM MODEL QUESTION PAPER
(Osmania University | LL.B. 2nd Semester | Law of Evidence | 2025 Internal Exam Pattern)
SECTION A - Multiple Choice Questions (MCQs) & Fill in
the Blanks (2 Marks Each)
(Answer any 5 out of 7, 5x2 = 10 Marks)
- Which section of the Indian Evidence Act defines ‘Evidence’? a) Section 3
b) Section 5 c) Section 9 d) Section 11 ✔ Answer: a) Section 3
- Dying Declaration is covered under which section of the Indian Evidence Act? a) Section 24 b) Section 32(1) c) Section 45 d) Section 91 ✔ Answer: b) Section 32(1)
- Confession made to a police officer is: a) Always admissible b) Not admissible under Section 25 c) Admissible if recorded in a police station d) None of the above ✔ Answer: b) Not admissible under Section 25
- Judicial Notice refers to the court accepting certain facts without requiring proof. (True/False) ✔ Answer: True
- Fill in the Blank: "_________ evidence is the best form of documentary evidence under Section 62." ✔ Answer: Primary
- Who has the burden of proof in a criminal case? ✔ Answer: Prosecution (as per Section 101 of the Indian Evidence Act)
- Fill in the Blank: "A confession is valid only if it is __________ and __________." ✔ Answer: Voluntary and True
SECTION B - Short Answer Questions (5 Marks Each)
(Answer any 2 out of 4, 2x5 = 10 Marks)
1. What is the difference between Direct and Circumstantial Evidence?
⚖ Case Law: State of U.P. v. Kishan Gopal (1982) – The accused must explain why they were last seen with the victim.
4. What is the difference between Judicial and Extra-Judicial Confession?
Answer: ✔ Judicial Confession – Given before a magistrate or court. ✔ Extra-Judicial Confession – Given to any other person (e.g., friend, relative).
📖 Legal Position:
● Judicial confessions are stronger as they are made under legal supervision. ● Extra-Judicial confessions must be corroborated with other evidence. ● Confessions to a police officer are inadmissible under Section 25.
⚖ Case Law: Pakala Narayan Swami v. King Emperor (1939) – A confession must be clear and direct to be valid.
📜 LAW OF EVIDENCE - ADDITIONAL INTERNAL EXAM QUESTIONS
(Osmania University | LL.B. 2nd Semester | Law of Evidence | Internal Exam Model Paper)
📌 SECTION A: MCQs & Fill in the Blanks (2 Marks Each)
(Answer any 5 out of 7, 5×2 = 10 Marks)
MCQs
- Which section of the Indian Evidence Act deals with "Res Gestae"? a) Section 24 b) Section 6 c) Section 8 d) Section 9 ✔ Answer: b) Section 6
- Under which section can a witness refresh their memory? a) Section 159 b) Section 32 c) Section 57 d) Section 101 ✔ Answer: a) Section 159
- Which of the following is NOT a type of secondary evidence? a) Certified copies of public records b) Copies made from the original document c) Oral statements about the content of a document without proof of its loss d) Duplicate copies obtained from official records ✔ Answer: c) Oral statements about the content of a document without proof of its loss
- Hearsay evidence is admissible under which of the following exceptions? a) Dying Declaration (S.32(1)) b) Extra-judicial confession c) Privileged Communication d) Judicial Confession ✔ Answer: a) Dying Declaration (S.32(1))
Fill in the Blanks
- Under Section 25, a confession made to a ________ is inadmissible in evidence. ✔ Answer: Police officer
- Under the Last Seen Doctrine, if a person was last seen with the deceased, the burden of proof shifts to ________. ✔ Answer: The accused
- Under Section 114A, in cases of rape, the court presumes absence of ________ if the victim states so. ✔ Answer: Consent
📌 SECTION B: Short Answer Questions (5 Marks Each)
(Answer any 2 out of 4, 2×5 = 10 Marks)
1. What is Res Gestae? Explain its admissibility with case laws.
1. A person sees a murder happening and immediately shouts, "That man
killed him!" Is this statement admissible?
Answer: ✔ Yes, it is admissible under Res Gestae (S.6). ✔ The statement was spontaneous and made immediately after witnessing the crime. ✔ It is an exception to hearsay evidence.
⚖ Case Law: R v. Bedingfield (1879) – A statement made after the incident was ruled inadmissible.
🚀 Conclusion: If the statement is instantaneous , it is admissible as Res Gestae.
2. A woman files a rape case against a man. She testifies that she did not
consent. Can the court presume absence of consent?
Answer: ✔ Yes, under Section 114A of the Indian Evidence Act. ✔ If the victim states no consent , the court presumes absence of consent.
⚖ Case Law: State of Maharashtra v. Madhukar Narayan Mardikar (1991) – Even a sex worker has the right to refuse consent.
🚀 Conclusion: The burden shifts to the accused to prove that consent existed.
3. A landlord gives a property on rent but later denies that the tenant has
rights. Can the landlord deny it in court?
Answer: ✔ No, under Section 115 (Doctrine of Estoppel). ✔ If the landlord earlier recognized the tenant’s rights , he cannot later deny it.
⚖ Case Law: Pickard v. Sears (1837) – If a person knowingly allows a wrong belief, they cannot later deny it.
🚀 Conclusion: The landlord is estopped from contradicting his earlier admission.
4. A husband wants to present letters written by his wife in court. Can he
do so?
Answer: ✔ No, under Section 122 (Spousal Privilege). ✔ Husband-wife communications are confidential and cannot be disclosed.
⚖ Case Law: M.C. Verghese v. T.J. Ponnan (1969) – Even after divorce, spousal privilege applies.
🚀 Conclusion: The letters cannot be used as evidence without the wife’s consent.
5. A suspect in police custody confesses to a crime. Can the confession be
used against him?
Answer: ✔ No, under Section 25 (Confession to Police). ✔ Confessions to police officers are inadmissible unless recorded before a magistrate.
⚖ Case Law: Emperor v. Barendra Kumar Ghosh (1924) – Confession must be voluntary and made before a magistrate.
🚀 Conclusion: The confession is not admissible unless it is voluntary and judicially recorded.
📌 FINAL EXAM STRATEGY
✔ Revise Sections & Case Laws Daily. ✔ Focus on Dying Declaration, Burden of Proof, Hearsay, Res Gestae & Confessions. ✔ For Problem-Based Questions: Apply the IRAC Method (Issue → Rule → Application → Conclusion). ✔ Use Mnemonics to Memorize Concepts.
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