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LAW OF EVIDENCE-II 2ND Internal

The document outlines key principles of evidence law, including the relevancy of judgments, the roles of witnesses and expert opinions, and the types of evidence such as oral, documentary, and electronic records. It discusses the burden of proof, presumptions, and the competency of witnesses, along with rules regarding privileged communications and the examination process in court. Additionally, it covers concepts like estoppels, res judicata, and the treatment of hostile witnesses, emphasizing the importance of credibility and corroboration in legal proceedings.

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0% found this document useful (0 votes)
10 views7 pages

LAW OF EVIDENCE-II 2ND Internal

The document outlines key principles of evidence law, including the relevancy of judgments, the roles of witnesses and expert opinions, and the types of evidence such as oral, documentary, and electronic records. It discusses the burden of proof, presumptions, and the competency of witnesses, along with rules regarding privileged communications and the examination process in court. Additionally, it covers concepts like estoppels, res judicata, and the treatment of hostile witnesses, emphasizing the importance of credibility and corroboration in legal proceedings.

Uploaded by

Tejasree Poloju
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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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.

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