UP 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 UP PCS-J, not a summary of it.

1. 1

   Relevancy of Facts

   5 topics

   • Preliminary and Basic Concepts
     • Fact, fact in issue, and relevant fact
     • Evidence: oral and documentary
     • May presume, shall presume, and conclusive proof
   • Logical and Legal Relevancy
     • Res gestae (Section 6)
     • Motive, preparation, and conduct
     • Facts forming part of the same transaction
   • Admissions and Confessions
     • Admissions: nature and effect
     • Confessions to police and in custody
     • Confession of co-accused
   • Dying Declaration and Statements of Persons Who Cannot Be Called
     • Dying declaration (Section 32)
     • Statements in public records and special circumstances
   • Opinion and Character Evidence
     • Expert opinion
     • Relevancy of character in civil and criminal cases
2. 2

   Proof and Modes of Proof

   4 topics

   • Facts Which Need Not Be Proved
     • Judicial notice
     • Admitted facts
   • Oral and Documentary Evidence
     • Primary and secondary evidence
     • Proof of contents of documents
     • Public and private documents; presumptions as to documents
   • Exclusion of Oral by Documentary Evidence
     • When oral evidence is excluded
     • Exceptions to the exclusionary rule
   • Electronic Evidence
     • Admissibility of electronic records
     • Certificate requirement and recent jurisprudence
3. 3

   Burden of Proof, Estoppel and Witnesses

   4 topics

   • Burden and Onus of Proof
     • General rule and shifting of burden
     • Presumptions as to specific facts
     • Burden in cases of special knowledge
   • Estoppel
     • Doctrine of estoppel and its kinds
     • Estoppel of tenant and licensee
   • Privileged Communications
     • Spousal and professional privileges
     • State and official communications
   • Examination of Witnesses
     • Examination-in-chief, cross-examination, and re-examination
     • Leading questions and hostile witnesses
     • Refreshing memory and impeaching credit
     • Accomplice evidence and corroboration

Law of Evidence flashcards for UP PCS-J

21 of 52 cards from the Law of Evidence deck — real questions with worked answers.

1. Under the Indian Evidence Act, what is the definition of 'Evidence'?

   Evidence means and includes (1) Oral evidence – all statements which the court permits or requires witnesses to make before it in relation to matters of fact under inquiry; and (2) Documentary evidence – all documents, including electronic records, produced for the inspection of the court.

2. Distinguish between 'Fact in issue' and 'Relevant fact' under the Evidence Act.

   A 'fact in issue' is a fact from which, either by itself or in connection with others, the existence, nature or extent of a right, liability or disability asserted or denied in a suit necessarily follows (the principal matter in dispute). A 'relevant fact' is one connected with a fact in issue in any of the ways referred to in the provisions on relevancy; it helps prove or disprove the fact in issue.

3. What is the difference between 'May presume', 'Shall presume', and 'Conclusive proof' under the Evidence Act?

   'May presume' – the court has discretion to presume a fact or call for proof (rebuttable). 'Shall presume' – the court must presume the fact unless and until it is disproved (rebuttable but mandatory presumption). 'Conclusive proof' – on proof of one fact the court must regard another as proved and shall NOT allow evidence to disprove it (irrebuttable).

4. Define 'Proved', 'Disproved' and 'Not proved' under the Evidence Act.

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

5. What is the doctrine of res gestae in the Indian Evidence Act?

   Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant (Section 6 IEA / Sec 4 BSA). Such facts forming part of the same transaction are admissible whether they occurred at the same time and place or at different times and places. It is an exception to the hearsay rule.

6. When are 'motive, preparation and previous or subsequent conduct' relevant under the Evidence Act?

   Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact; and the conduct of any party, or of any agent to any party, or of any person an offence against whom is the subject of any proceeding, is relevant if such conduct influences or is influenced by any fact in issue or relevant fact (Section 8 IEA / Sec 6 BSA).

7. What is the relevancy of facts showing existence of state of mind or body (Section 14 IEA / Sec 12 BSA)?

   Facts showing the existence of any state of mind (such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill toward a particular person) or state of body/bodily feeling are relevant when the existence of such state of mind or body is in issue or relevant. The state of mind must exist in reference to the particular matter in question.

8. Define 'Admission' under the Evidence Act.

   An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the circumstances specified in the Act (Section 17 IEA / Sec 15 BSA).

9. What is the difference between an admission and a confession?

   An admission is a statement suggesting an inference about a fact in issue/relevant fact and may be made in civil or criminal cases by various persons. A confession is a species of admission made in a criminal case by an accused person directly admitting guilt or substantially all facts constituting the offence. Every confession is an admission, but not every admission is a confession.

10. Are admissions conclusive proof of the matters admitted?

    No. Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions of the Act (Section 31 IEA / Sec 29 BSA). They are substantive but rebuttable evidence; the maker can explain or show them to be wrong.

11. What is the effect of Section 24 IEA (Sec 22 BSA) on confessions caused by inducement, threat or promise?

    A confession made by an accused is irrelevant in a criminal proceeding if it appears to the court to have been caused by any inducement, threat, coercion or promise, proceeding from a person in authority, sufficient to give the accused grounds which would appear reasonable for supposing that he would gain an advantage or avoid an evil of a temporal nature in reference to the proceedings against him.

12. Are confessions made to a police officer admissible? State the rule.

    No. No confession made to a police officer shall be proved against a person accused of any offence (Section 25 IEA / Sec 23(1) BSA). This is an absolute bar, designed to prevent extortion of confessions by police.

13. What does Section 26 IEA (Sec 23(1) proviso BSA) provide regarding confessions in police custody?

    No confession made by any person while in the custody of a police officer shall be proved against him unless it is made in the immediate presence of a Magistrate. This protects accused persons in custody from coerced confessions.

14. What is the rule under Section 27 IEA (Sec 23(2) BSA) — 'discovery of fact'?

    When any fact is deposed to as discovered in consequence of information received from an accused in police custody, so much of that information (whether amounting to a confession or not) as relates distinctly to the fact thereby discovered may be proved. It is a partial exception to Sections 25 and 26, based on the principle that subsequent discovery guarantees the truth of that part of the statement.

15. What is a 'retracted confession' and what is its evidentiary value?

    A retracted confession is one that is later withdrawn or repudiated by the accused. It can be acted upon, but as a rule of prudence the court requires it to be corroborated by independent evidence before convicting solely on its basis; it must also be shown to be voluntary and true.

16. What is the doctrine of 'confession by a co-accused' under Section 30 IEA (Sec 24 BSA)?

    When more persons than one are being tried jointly for the same offence and a confession made by one of them affecting himself and some other of such persons is proved, the court may take into consideration such confession against the others as well as against the maker. It has weak corroborative value only, not substantive evidence on which alone a conviction can rest.

17. What is a 'dying declaration' and under which provision is it relevant?

    A dying declaration is a statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. It is relevant under Section 32(1) IEA (Sec 26(a) BSA) and is admissible whether or not the person was under expectation of death.

18. On what principle is a dying declaration admitted, and can a conviction rest solely on it?

    It rests on the maxim 'Nemo moriturus praesumitur mentire' – a man will not meet his Maker with a lie in his mouth. A conviction can be based solely on a dying declaration if the court is satisfied it is voluntary, truthful, and that the declarant was in a fit mental state; corroboration is a rule of prudence, not law.

19. Under what circumstances are statements of persons who cannot be called as witnesses relevant (Section 32 IEA / Sec 26 BSA)?

    Statements (written or verbal) of relevant facts made by a person who is dead, cannot be found, has become incapable of giving evidence, or whose attendance cannot be procured without unreasonable delay or expense are relevant in specified cases, e.g. statements relating to cause of death, made in course of business, against pecuniary/proprietary interest, opinion as to public right/custom, relationship, in wills/deeds relating to family affairs, etc.

20. When are former statements/judgments and evidence given in earlier proceedings relevant under the Evidence Act?

    Evidence given by a witness in a former judicial proceeding (or before a person authorised to take it) is relevant in a later proceeding to prove the truth of the facts stated, when the witness is dead, cannot be found, incapable of giving evidence, kept away by the adverse party, or his presence cannot be obtained without unreasonable delay/expense, provided the parties and questions were substantially the same (Section 33 IEA / Sec 27 BSA).

21. When is the opinion of an expert relevant under Section 45 IEA (Sec 39 BSA)?

    When the court has to form an opinion upon a point of foreign law, science, art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters (experts) are relevant facts. Expert opinion is advisory and not binding on the court.

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