Law of Evidence II Course Code BALLB 901

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COURSE DESIGN
HAMDARD INSTITUTE OF LEGAL STUDIES AND RESEARCH (HILSR)
Name of the Academic Programme: BALLB
Course Code: BALLB-901 Title of the Course: Law of Evidence – II
L-T-P: 4-0-0 Credit 4
(L= Lecture Hours, T= Tutorial Hours, P= Practical Hours)
COURSE LEARNING OUTCOMES (CLOs)
After completing this Course, the students should be able to:
CLO-1: Analyse the fundamental concepts of the Law of Evidence (Cognitive Level: Analyse).
CLO-2: Evaluate the various concepts, rules and provisions which govern the Law of Evidence
in the courts (Cognitive Level: Evaluate).
CLO-3: Identify the purpose for which evidence is offered and the applicable rule and provision
of law for that purpose (Cognitive Level: Analyse).
CLO-4: Apply the rules of evidence when arguing for and against the admissibility of evidence
in civil and criminal cases (Cognitive Level: Apply).
CLO-5: Critically assess the strategic risks of admitting or excluding evidence in civil and
criminal cases (Cognitive Level: Evaluate).
Mapping of Course Learning Outcomes (CLOs) with Programme Learning Outcomes

(PLOs)
PLO1 PLO2 PLO3 PLO4 PLO5 PLO6 PLO7 PLO8 PLO9 PLO10 PLO11 PLO12
CLO1 3 1 3 2 2 2 1 3 1 1 1 3
CLO2 3 1 3 2 2 1 1 3 1 2 1 3
CLO3 3 1 3 2 2 2 1 3 1 2 1 3
CLO4 3 1 3 3 3 1 1 3 1 2 1 3
CLO5 3 3 3 3 3 2 1 3 1 2 1 3
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Detailed Syllabus:
Unit-I: Exclusion of Oral by Documentary Evidence and Burden of Proof
1.1. Exclusion of evidence to explain or amend ambiguous document, Exclusion of evidence

against application of document to existing facts, Who may give evidence of agreement
varying terms of document(Sections 93 – 100)
1.2 Burden of Proof, On whom burden of proof lies, Burden of proof as to particular fact,
Burden of proving fact to be proved to make evidence admissible (Sections101 – 104)
1.3 Burden of proving that case of accused comes within exceptions, Burden of proving fact
especially within knowledge, Burden of proving that person is alive who has not been heard
of for seven years (Sections 105– 108)
1.4 Burden of proof as to relationship in the cases of partners, landlord and tenant, principal
and agent, Burden of proof as to ownership (Sections 109 – 111)
Unit-II: Presumptions and Estoppel
2.1 Presumptions – Presumption as to certain offences, Birth during marriage, conclusive

proof of legitimacy, Presumption as to abetment of suicide by a married woman,
Presumption as to dowry death, Presumption as to absence of consent in certain prosecution
for rape (Sections 111A – 114A)
2.2 Doctrine of Estoppel, Estoppel of tenants and of licensee of person in possession,
Estoppel of acceptor of bill of exchange, bailee or licensee (Sections 115– 117)
2.3 Impact of Forensic Science – Evidentiary value of DNA Tests and Polygraph (lie
detector), Narco-analysis and Brain Electrical Activation Profile (BEAP) Tests
Unit-III: Witnesses and Privileged Communications
3.1 Witnesses, Who may testify, Judges and Magistrates (Sections 118 – 121)
3.2 Privileged Communications – Communications during marriage, Official
communications, Professional communications, Confidential communications(Sections 122 –
129)
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3.3 Production of title-deeds of witness, documents or electronic records, Witness not

excused from answering, Evidence by Accomplice, Number of witnesses (Sections 130 –
134)
Unit-IV: Examination of Witnesses
4.1 Protected Witnesses under various statutes, Witness Protection Scheme 2018, Ministry of
Home Affairs, Government of India
4.2 Order of production and examination of witnesses, Judge to decide as to admissibility of
evidence (Sections 135 – 136)
4.3 Examination-in-chief, Cross-examination, Re-examination, Order of examinations,
Cross-examination of person called to produce a document, Witnesses to character (Sections
137 – 140)
4.4 Leading questions, when they must not be asked and when they may be asked, Evidence
as to matters in writing, Cross-examination as to previous statements in writing (Sections
141– 145)
Unit-V: Cross Examination
5.1 Questions lawful in cross-examination, When witness to be compelled to answer, Court

to decide when question shall be asked and when witness compelled to answer (Sections 146
– 149)
5.2 Procedure in case of question being asked without reasonable grounds, Indecent and
scandalous questions, Questions intended to insult or annoy, Exclusion of evidence to
contradict answers (Sections 150 – 153)
5.3 Hostile witness – Question by party to his own witness, Impeaching credit of witness,
Questions tending to corroborate evidence, Former statements of witness, What matters may
be proved in connection with proved statement(Sections 154 – 158)
5.4 Refreshing memory, Testimony to facts stated in document mentioned in section 159,
Right of adverse party as to writing used to refresh memory (Sections 159 – 161)
5.5 Production of documents, Givingof document called for and produced on notice, Usingof
document production of which was refused on notice, Judge’s power to put questions or
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order production, No new trial for improper admission or rejection of evidence (Sections
162– 167)
Reference Books:
1. Chief Justice M. Monir: Textbook on the Law of Evidence, Universal Law Publishing Co.
Pvt. Ltd.
2. Batuk Lal: Law of Evidence in India, Central Law Agency, Allahabad.
3. Ratanlal Dhirajlal: Law of Evidence, Lexis Nexis.
4. Vepa P. Sarathi: Law of Evidence, Eastern Book Company.
5. Avtar Singh: Principles of Law of Evidence, Central Law Agency, Allahabad.
6. Satish Chandra: Indian Evidence Act, Allahabad Law Agency.
7. Chief Justice M. Monir: Law of Evidence, Universal Law Publishing Co. Pvt. Ltd.
8. Woodroffe and Amir Ali: Law of Evidence, Lexis Nexis
9. Justice C. K. Thakker: Law of Evidence, Whytes & Co.
10. Francis L. Wellman: The Art of Cross-Examination, the Macmillan Company.
Teaching-Learning Strategies in Brief:
In addition to the class room teaching through ICT and audio-visual aids, the teaching learning
strategies for this course also include numerous pedagogies, such as guided self learning, peer
learning, case studies, learning through group projects, field studies and experiential learning.
Assessment Methods and Weightages in Brief:
In addition to summative assessment, various formative assessment tools are to be used for
assessment of performance of the students in the light of the Course Learning Outcomes (CLOs)
of this course. Formative assessment tools, such as time-constrained examination, problem based
assignment, team project reports followed by oral presentation and viva voce shall be used for
assessment. Real time feedback, guidance, course correction, mentoring and monitoring of the
students performance shall be the key features of assessment methods. The course has a
weightage of 100marks. 75% of the marks will be covered by the End Semester Examination;
where as 25% will constitute internal assessment to be done by the concerned instructor.

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1

HAMDARD INSTITUTE OF LEGAL STUDIES AND RESEARCH (HILSR)

Name of the Academic Programme: BALLB

Course Code: BALLB-901 Title of the Course: Law of Evidence – II

L-T-P: 4-0-0 Credit 4

(L= Lecture Hours, T= Tutorial Hours, P= Practical Hours)

COURSE LEARNING OUTCOMES (CLOs)

After completing this Course, the students should be able to:

Mapping of Course Learning Outcomes (CLOs) with Programme Learning Outcomes

Unit-I: Exclusion of Oral by Documentary Evidence and Burden of Proof

1.1. Exclusion of evidence to explain or amend ambiguous document, Exclusion of evidence

Unit-II: Presumptions and Estoppel

2.1 Presumptions – Presumption as to certain offences, Birth during marriage, conclusive

Unit-III: Witnesses and Privileged Communications

3.3 Production of title-deeds of witness, documents or electronic records, Witness not

Unit-IV: Examination of Witnesses

Unit-V: Cross Examination

5.1 Questions lawful in cross-examination, When witness to be compelled to answer, Court

Teaching-Learning Strategies in Brief:

Assessment Methods and Weightages in Brief:

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