BLE301 | Law of Evidence

The course on Law of Evidence is designed as a foundational course and will introduce the students to the core concepts in the field, while keeping track of latest judicial and legislative developments. It will focus on both introducing the students to the black letter of the law as well as critically analysing the underlying premises constituting the law of evidence. One key feature of the teaching methodology is the repeated interconnections between the Indian Evidence Act, 1872 (and the corresponding provisions of the Bharatiya Sakshya (Second) Adhiniyam 2023); the Code of Criminal Procedure, 1973 (and the corresponding provisions of the Bharatiya Nagarik Suraksha (Second) Sanhita 2023); and the Code of Civil Procedure, 1908. This is based on the recognition that the law of evidence and its statutory provisions cannot be studied in silos, and are to be constantly read with other substantive and procedural laws influencing a trial or a suit.

At each stage of the course, provisions of the Indian Evidence Act, 1872, corresponding to the Bharatiya Sakshya (Second) Adhiniyam 2023 (the ‘Adhiniyam’) will be discussed. The changes made to the Indian Evidence Act, 1872 by the Adhiniyam will be critically analysed. While most changes pertain to re-numbering of existing provisions, some of the key substantive changes brought in by the Adhiniyam will be discussed. These include the expansion of the scope of secondary evidence; streamlining of the rules of electronic evidence; joint trials for absconders; additions to judicial notice provisions; prohibition on courts from inquiring into privileged communications between Ministers and President; and the deletion of obsolete colonial references.

In most other places, the Adhiniyam largely reproduces the provisions of the Indian Evidence Act, 1872 with re-numbered sections. Almost all major substantive evidentiary principles such as rules of relevancy, burden of proof, examination of witnesses, presumptions, etc., remain unchanged. Their corresponding new sections will accordingly be discussed.