Judicial Services Exam (PCS-J) Law of Evidence Syllabus

Law of Evidence syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Law of Evidence in Judicial Services Exam (PCS-J), not a summary of it.

1. 1

   Relevancy of Facts

   5 topics

   • Scope, Application and Key Definitions
     • Fact, fact in issue and relevant fact
     • Evidence - oral and documentary
   • Doctrine of Res Gestae and Connected Facts
   • Motive, Preparation and Conduct
   • Conspiracy and Things Said or Done
   • Relevancy of Judgments, Opinion and Character
     • Expert opinion and its evidentiary value
     • Relevance of character in civil and criminal cases
2. 2

   Admissions, Confessions and Dying Declarations

   4 topics

   • Admissions - Nature and Effect
   • Confessions
     • Confession to police and in custody
     • Discovery of facts and Section 27 IEA / BSA
   • Dying Declarations and Statements of Persons Who Cannot Be Called
   • Estoppel
3. 3

   Proof - Oral and Documentary Evidence

   5 topics

   • Facts Which Need Not Be Proved
     • Judicial notice and admitted facts
   • Oral Evidence and the Best Evidence Rule
   • Documentary Evidence
     • Primary and secondary evidence
     • Public and private documents, presumptions
   • Exclusion of Oral by Documentary Evidence
   • Electronic Evidence and Admissibility
4. 4

   Burden of Proof and Presumptions

   4 topics

   • General Principles of Burden of Proof
   • Presumptions of Fact and Law
     • May presume, shall presume and conclusive proof
   • Special Presumptions
     • Presumption as to dowry death and abetment of suicide
     • Presumption in cases of rape - consent
   • Burden in Specific Relationships and Transactions
5. 5

   Witnesses, Examination and Bharatiya Sakshya Adhiniyam

   5 topics

   • Competency and Compellability of Witnesses
   • Privileged Communications
     • Communications during marriage
     • Professional and official communications
   • Examination of Witnesses
     • Examination-in-chief, cross-examination, re-examination
     • Leading questions and refreshing memory
   • Accomplice Evidence and Corroboration
   • Bharatiya Sakshya Adhiniyam, 2023
     • Expanded definition of electronic and digital records
     • Structural changes from the Indian Evidence Act, 1872

Law of Evidence flashcards for Judicial Services Exam (PCS-J)

21 of 64 cards from the Law of Evidence deck — real questions with worked answers.

1. Under the Bharatiya Sakshya Adhiniyam, 2023 (and the erstwhile Indian Evidence Act), what is the difference between a 'fact in issue' and a 'relevant fact'?

   A 'fact in issue' is any fact from which, either by itself or in connection with other facts, the existence, nature or extent of a right, liability or disability asserted or denied in a suit/proceeding necessarily follows. A 'relevant fact' is one connected with a fact in issue in any of the ways laid down in the Act (e.g., cause/effect, motive, conduct), making it admissible to prove or disprove a fact in issue.

2. Distinguish 'proved', 'disproved' and 'not proved' as defined in the law of evidence.

   'Proved': the court believes a fact to exist or considers its existence so probable that a prudent man would act on the supposition that it exists. 'Disproved': the court believes it does not exist or its non-existence is so probable a prudent man would act on that supposition. 'Not proved': a fact that is neither proved nor disproved.

3. What is the difference between 'may presume', 'shall presume' and 'conclusive proof'?

   'May presume': court has discretion either to regard a fact as proved unless disproved, or to call for proof (rebuttable). 'Shall presume': court must regard the fact as proved unless and until disproved (mandatory but rebuttable). 'Conclusive proof': once one fact is proved, the court shall regard the other as proved and shall NOT allow evidence to disprove it (irrebuttable).

4. Does the Bharatiya Sakshya Adhiniyam, 2023 apply to affidavits and proceedings before an arbitrator?

   No. Like its predecessor, the BSA does not apply to affidavits presented to any court or officer, nor to proceedings before an arbitrator. It applies to all judicial proceedings in or before any court, including courts-martial.

5. What is the doctrine of res gestae in the law of evidence, and under which provision are such facts relevant?

   Res gestae refers to facts forming part of the same transaction. Facts so connected with a fact in issue as to form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places. (Section 4 BSA, 2023 / Section 6 of the old Act). It is an exception allowing spontaneous, contemporaneous statements/acts.

6. What test determines whether a statement falls within res gestae?

   The statement must be spontaneous and substantially contemporaneous with the event (made under the stress/excitement of the event, leaving no opportunity for fabrication or concoction). If it is a mere narrative of a past event made after time for reflection, it falls outside res gestae.

7. Are facts which are the occasion, cause or effect of facts in issue relevant?

   Yes. Facts which are the occasion, cause or effect (immediate or otherwise) of relevant facts or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant (Section 5 BSA / Section 7 old Act).

8. How are motive, preparation and conduct treated under the law of evidence?

   Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to a party, or of an accused, in reference to the suit/proceeding or to any fact in issue, whether previous or subsequent, is relevant if it influences or is influenced by any fact in issue or relevant fact (Section 6 BSA / Section 8 old Act).

9. In the context of conduct as evidence, what is the legal significance of statements accompanying and explaining acts?

   The word 'conduct' does not include statements unless those statements accompany and explain acts other than statements. Such accompanying/explanatory statements are relevant as part of the conduct (Explanation to Section 8 old Act / Section 6 BSA).

10. What is the relevance of 'things said or done by a conspirator' in reference to a common design?

    Where there is reasonable ground to believe two or more persons conspired to commit an offence or actionable wrong, anything said, done or written by any one of them in reference to their common intention, after the time such intention was first entertained, is a relevant fact against each of them — both for proving the existence of the conspiracy and for showing any person was party to it (Section 8 BSA / Section 10 old Act).

11. Under the conspiracy provision, can acts of one conspirator before a person joined the conspiracy be used against that person?

    No. A person can be made liable only for acts/statements made during the period he was a member of the conspiracy. Statements made after the common intention ceased, or before a particular accused joined, are generally not admissible against him. The act/statement must be 'in reference to their common intention.'

12. When are otherwise irrelevant facts made relevant under the 'when facts not otherwise relevant become relevant' rule?

    Facts not otherwise relevant are relevant: (1) if they are inconsistent with any fact in issue or relevant fact; or (2) if by themselves or with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable (Section 9 BSA / Section 11 old Act). This covers plea of alibi.

13. What is the evidentiary basis of the plea of alibi and on whom does the burden lie?

    Plea of alibi (Latin: 'elsewhere') is admitted under the rule making facts inconsistent with a fact in issue relevant (Section 11 old Act). The burden of proving the alibi lies strictly on the accused who pleads it, and it must be proved with certainty so as to exclude the possibility of his presence at the crime scene.

14. When is the existence of a course of business relevant?

    When there is a question whether a particular act was done, the existence of any course of business according to which it naturally would have been done is a relevant fact (e.g., that a letter was posted in the ordinary course). (Section 16 old Act / corresponding BSA provision).

15. When are judgments of courts relevant to bar a second suit or trial?

    The existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether such court ought to take cognizance or hold the trial (bars based on res judicata, autrefois acquit/convict) (Section 33 old Act / corresponding BSA).

16. What is the difference between a judgment in rem and a judgment in personam regarding relevancy?

    A judgment in rem (in probate, matrimonial, admiralty or insolvency jurisdiction) is conclusive proof of the legal character it confers/declares and binds everyone (Section 41 old Act). A judgment in personam is relevant only between parties/privies and is not conclusive evidence of the facts on which it is based against strangers.

17. When is the opinion of an expert relevant in evidence?

    When the court has to form an opinion on a point of foreign law, science, art, identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters (experts) are relevant facts (Section 39 BSA / Section 45 old Act). The BSA extends expert opinion to electronic evidence examiners.

18. Is expert opinion binding on the court, and what is its evidentiary value?

    Expert opinion is merely advisory/corroborative and is a weak type of evidence; it is not binding on the court. The court must evaluate the reasoning and may reject it. It generally requires corroboration and cannot, by itself, be the sole basis of conviction unless wholly reliable.

19. When is the character of a party relevant in civil and in criminal cases?

    In civil cases, the fact that the character of a party is such as to render probable/improbable conduct imputed to him is generally IRRELEVANT (except where character itself is a fact in issue) (Section 52 old Act). In criminal cases, the fact that the accused is of good character is relevant (Section 53), while evidence of bad character is generally irrelevant unless given in reply or where bad character is itself a fact in issue (Section 54).

20. In criminal cases, when does evidence of the accused's bad character become relevant?

    Evidence of bad character is relevant only when: (a) evidence of good character has been given in reply; (b) bad character is itself a fact in issue; or (c) it relates to a previous conviction (relevant to character for sentencing). A previous conviction is itself evidence of bad character (Section 54 old Act / corresponding BSA).

21. What is an 'admission' and who can make a relevant admission?

    An admission is a statement, oral, documentary or in electronic form, which suggests an inference as to any fact in issue or relevant fact, and which is made by parties to a proceeding or by persons specified (agents, persons jointly interested, predecessors-in-title, persons whose position must be proved against a party, persons expressly referred to) (Sections 15-19 BSA / Sections 17-20 old Act).

See more Law of Evidence flashcards →

Planning Law of Evidence for Judicial Services Exam (PCS-J)

Law of Evidence (Judicial Services Exam (PCS-J)) FAQ