LAW OF EVIDENCE-II
UNIT-III
1. Relevancy of Judgments
Previous judgments may be relevant as evidence in later cases to
establish facts.
Types:
o Res judicata: Matter already decided cannot be re-litigated.
o Judicial decisions may be relevant to prove facts or legal
points.
2. Opinion of Witnesses
Generally, witnesses must testify to facts, not opinions.
Exceptions: Where opinion is relevant, such as in cases involving
mental state or identity.
3. Expert’s Opinion
Expert witnesses provide opinion on matters requiring specialized
knowledge (e.g., medical, forensic, engineering).
Such opinions help the court understand technical facts.
4. Opinion on Relationship – Proof of Marriage
Opinions about relationships (like marriage) may be relevant to prove
or disprove the fact of marriage.
Evidence may include customs, behavior, declarations, or documentary
proof.
5. Facts Which Need Not Be Proved
Certain facts are presumed or judicially noticed and need not be
proved (e.g., laws, official records, facts of common knowledge).
6. Oral and Documentary Evidence
A. General Principles
Oral evidence: Spoken testimony given by witnesses.
Documentary evidence: Written or recorded evidence presented to
prove facts.
B. Primary and Secondary Evidence
Primary evidence: The original document itself.
Secondary evidence: Copies or substitutes allowed only if the
original is unavailable.
7. Electronic or Digital Records
Electronic records are admissible under special provisions.
Must satisfy conditions of authenticity, integrity, and reliability.
Includes emails, digital contracts, social media posts.
8. Modes of Proof of Execution of Documents
Proof may be established through witness testimony, attestation, or
acknowledgment.
Important to establish authenticity of signatures and intent.
9. Presumptions as to Documents
Law presumes documents to be genuine unless disproved.
Includes presumptions of execution, validity, and regularity.
10. General Principles Regarding Exclusion of Oral by Documentary
Evidence
When documentary evidence exists, oral evidence cannot
contradict it.
Oral evidence is used to explain but not override the document.
11. Relevance of Social Media in Law of Evidence
Social media content can be admissible as evidence if
authenticated.
Useful to prove facts like intentions, communications, timelines.
Courts increasingly rely on digital footprints and social media posts.
UNIT-IV
1. Rules Relating to Burden of Proof
Burden of Proof refers to the responsibility of a party to prove the
facts in issue.
Onus Probandi: The party who asserts a fact must prove it.
Types:
o Legal burden: Always on the prosecution/plaintiff.
o Evidential burden: Shifts during trial based on facts.
Criminal cases: Prosecution must prove guilt beyond reasonable
doubt.
Civil cases: Plaintiff must prove facts on the balance of
probabilities.
2. Presumption as to Dowry Death
When a woman dies under suspicious circumstances within 7 years of
marriage, it is presumed to be a dowry death.
The burden shifts to the accused to prove otherwise.
Presumption aids in protecting women from dowry-related violence.
3. Estoppels
Estoppel prevents a person from denying or asserting something
contrary to what they previously stated or agreed upon, especially
when the other party relied on that.
Kinds of Estoppels:
Estoppel by Record: Prevents re-opening decided cases (e.g., res
judicata).
Estoppel by Deed: Prevents denial of facts stated in a deed.
Estoppel by Conduct: Prevents denial of facts based on one’s actions
or silence.
Promissory Estoppel: Prevents withdrawal of a promise if it caused
reliance.
4. Res Judicata
A matter that has been judicially decided by a competent court
and cannot be re-litigated between the same parties.
Ensures finality and prevents abuse of court processes.
5. Waiver
Waiver is the voluntary relinquishment of a known right.
It can be express or implied.
Once waived, the party cannot enforce that right later.
6. Presumption
A legal inference or assumption that a fact exists, based on the
existence of other facts.
Presumptions can be:
o Rebuttable: Can be disproved by evidence.
o Irrebuttable: Cannot be disproved.
Examples: Presumption of innocence in criminal law; presumption of
legitimacy in family law.
UNIT-V
1. Competency to Testify
A witness must be competent, i.e., mentally capable of understanding
and narrating facts.
Generally, every person is competent except:
o Infants,
o Persons of unsound mind,
o Those disqualified by law (e.g., judges in certain cases).
Witnesses must understand the duty to tell the truth.
2. Privileged Communications
Certain communications are protected from disclosure in court.
Examples include:
o Between husband and wife,
o Attorney and client,
o Doctor and patient,
o Spiritual advisors and penitents.
Such privilege promotes confidentiality and trust.
3. Testimony of Accomplice
An accomplice is a person who participates in a crime.
Their testimony is admissible but should be treated with caution.
Conviction cannot be based solely on accomplice testimony unless
corroborated.
4. Examination-in-Chief, Cross-Examination, and Re-Examination
Examination-in-Chief: First questioning of a witness by the party who
called them.
Cross-Examination: Questioning by the opposing party to challenge
testimony.
Re-Examination: Further questioning by the original party to clarify or
rebut.
5. Leading Questions
Questions suggesting the answer are generally not allowed in
examination-in-chief.
Allowed in:
o Cross-examination,
o To refresh memory,
o With court’s permission in certain situations.
6. Lawful Questions in Cross-Examination
Questions must relate to:
o Facts of the case,
o Credibility of the witness,
o Impeachment of witness’ character,
o Contradiction of previous statements.
7. Compulsion to Answer Questions Put to Witness
Witnesses are generally compelled to answer questions unless they
involve:
o Privileged communication,
o Self-incrimination,
o Questions irrelevant or improper.
8. Hostile Witness
A witness who gives evidence unfavorable to the party that called
them.
The party may apply to treat them as hostile and use leading
questions to challenge their testimony.
9. Impeaching the Credit of Witness
Process of attacking a witness’s credibility.
Methods include:
o Proving previous inconsistent statements,
o Showing bias or interest,
o Demonstrating incapacity or motive to lie.
10. Refreshing Memory
Witness’s memory may be refreshed by referring to:
o Documents,
o Notes,
o Previous statements,
The original document must be shown to the opposing party for
fairness.
11. Questions of Corroboration
Seeking independent evidence or testimony to support a witness’s
statement.
Not always mandatory but strengthens the case.
12. Improper Admission and Rejection of Evidence
Evidence improperly admitted or rejected may affect the fairness of
trial.
Courts may review, exclude, or give lesser weight to such
evidence on appeal.