COURSE MANUAL

Law of Evidence: Bharatiya Sakshya Adhiniyam

Course Code: L-CT-0011

FALL 2025
(AY 2025-26)

Name of the Course Coordinator(s)

Prof. Malvika Seth

Name of Faculty Member

Prof. Vaibhav Chadha

CONTENTS

PART I

General
Information…………………………………………………………………………
……Page 1

PART II

a. Course
Description………………………………………………………………………
……Page 3

b. Course
Aims………………………………………………………………………..Page
3

c. Intended Learning
Outcomes…………………………………………………………...Page 4

d. Grading of Student
Achievement………………………………………………….......Page 4

PART III
a. Keyword Syllabus……………………………………………………………
Page 6
b. Course
Policies………………………………………………………………..Page 6

PART IV

a. Weekly Course Outline

………………………………………………………….............Page 8
b. Readings……………………………………………………………………
Page 10
 PART I

General Information

General Information on, Law of Evidence: Bhartiya Sakshya

Adhiniyam, offered by Jindal Global Law School

of the AY 2025-26

The information provided herein is by the Course Coordinator. The

following information contains the official record of the details of the
course.

This information shall form part of the University database and

may be uploaded to the KOHA Library system and catalogued and
may be distributed amongst __3rd__ year Law students for B.A.,
LL.B. (Hons), B.B.A., LL.B. (Hons.); B.Com., and 2 nd year LL.B.
(Hons.), courses if necessary.

Course Law of Evidence: BhartiyaSakshya

Title: Adhiniyam
Course
Code: L-CT-0011
Course
Duration: One Semester
No. of Credit
Units: 4
Lev
el: B.A.LL.B, B.B.A. LL.B., B.Com.LL.B., LL.B.,
Medium of
Instruction: English
 PART II

a. Course Ideator: We acknowledge the contributions of JGLS

colleagues past and present who have taught this course and have
contributed towards the development of the course framework.
b. Course Description
The course is a basic overview of the concepts of the law of evidence
in India taught through the new evidence act (Bharatiya Sakshya
Adhiniyam, 2023) alongside the old evidence act, Indian Evidence Act,
1872.. The focus is on the theory of relevancy, admissibility of
evidence and factors that impact the evidentiary value of evidence.
The course also looks at various kinds of witnesses and how the court
interacts with them to arrive at the evidentiary value. Other rules of
presumption and barring of evidence due to privilege will also be
discussed.

c. Course Aims
This course is

 An introductory course on law of evidence which is one of the most

fundamental branches of law.
 An elementary course aiming at developing the capabilities to
understand and apply the general principles of relevancy and
admissibility.
 Structured in a fashion to encourage the students to appreciate the
underlying principles of law of evidence. The course serves a dual
purpose- One, to technically equip students to be able to read the
legal text and apply the same in actual cases. Second, the course aims
to scrutinize certain areas of evidence critically so as to infuse the
spirit of questioning and law reforms.
 By no means exhaustive in its scope. It only covers certain selected
principles and a selection of sections primarily, but not only, of the
BSA, 2023, so as to provide a taste of this subject to strengthen your
basics for your future legal career.
 Due to the limitation of time certain topics are added to be
discussed only elementarily in the class. The purpose for this is an
attempt to at least cover maximum possible areas that may accost the
students in their professional career.
 An attempt will be made to understand the controversies that are a
part and parcel of evidence law along with a careful study of bare act.
 d. Intended Learning Outcomes

Course Intending Weig Teaching and Assessment

Learning ht Learning Tasks/Activities
Outcomes Activities

Clear understanding of 70%  Internal

the Sections of assessments
Bharatiya Sakshya may include
Adhiniyam, 2023 and In class lectures mid-term
the Indian Evidence Act, with a focus on tests and
1872. Including an legal provisions research
understanding of the and substantive based
substantive concepts concepts. papers.
discussed in the legal  Individual
provisions Discussion on instructors
case laws to can plan
Clarity in application of better understand other
legal provisions to fact practical assessments
based situations. application of the as per the
provisions. requirement

Critical understanding 30% Tutorials and  Research and

of contemporary class discussions. discussion
controversies and based
discussion on need for assessments
amendments/clarificati
ons within the law.

e. Grading of Student Achievement

To pass this course, students must obtain a minimum of 40% in the

cumulative aspects of coursework, i.e., internal assessment (including
moot, mid-term exam, internal assignment) and end term examination.
End of semester exam will carry 50 marks out of which students
have to obtain a minimum of 15 marks to fulfil the requirement of
passing the course.

The details of the grades as well as the criteria for awarding such grades
are provided below:

PERCENTAG GRADE
GRADE GRADE DESCRIPTION
E OF MARKS VALUE
Outstanding – Exceptional
knowledge of the subject matter,
thorough understanding of issues;
80 and above O 8
ability to synthesize ideas, rules
and principles and extraordinary
critical and analytical ability
Excellent - Sound knowledge of
the subject matter, thorough
understanding of issues; ability to
75 – 79 A+ 7.5
synthesize ideas, rules and
principles and critical and
analytical ability
Very Good - Sound knowledge of
the subject matter, excellent
organizational capacity, ability to
70 – 74 A 7 synthesize ideas, rules and
principles, critically analyze
existing materials and originality
in thinking and presentation
Good - Good understanding of the
subject matter, ability to identify
65 – 69 A- 6 issues and provide balanced
solutions to problems and good
critical and analytical skills
Fair – Average understanding of
the subject matter, limited ability
to identify issues and provide
60 – 64 B+ 5
solutions to problems and
reasonable critical and analytical
skills
55 – 59 B 4 Acceptable - Adequate
PERCENTAG GRADE
GRADE GRADE DESCRIPTION
E OF MARKS VALUE
knowledge of the subject matter
to go to the next level of study and
reasonable critical and analytical
skills.
Marginal - Limited knowledge of
the subject matter and irrelevant
50 – 54 B- 3
use of materials and, poor critical
and analytical skills
Pass 1– Pass with basic
45 – 49 P1 2 understanding of the subject
matter
Pass 2 – Pass with rudimentary
40 – 44 P2 1 understanding of the subject
matter
Fail - Poor comprehension of the
subject matter; poor critical and
Below 40 F 0 analytical skills and marginal use
of the relevant materials. Will
require repeating the course
Absent - “Extenuating
circumstances” preventing the
student from taking the end-
semester, or re-sit, examination as
the case may be; the Vice Dean
(Examinations) at their discretion
Absent Ab 0 assign the “Ab” grade. If an "Ab"
grade is assigned, the student
would appear for the end-
semester, or re-sit examination, as
the case may be, as and when the
subsequent opportunity is
provided by the University.

PART III

a. Keyword Syllabus
 Bharatiya Sakshya Adhiniyam - Indian Evidence Act – Theory of
Relevancy – Admission – Confession – Dying Declaration – Burden
of Proof – Documentary Evidence – Oral Evidence – Expert
Evidence – Estoppel – Examination and Cross Examination of
Witnesses – Privileged Communication – Evidentiary Presumptions

b. Course/Class Policies: To be added by individual instructors

Office Hours timings: To be added by individual instructors

Cell Phones, Laptops and Similar Gadgets: To be added by individual

instructors

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative

process. Collaboration demands an ethical responsibility to acknowledge
who we have learnt from, what we have learned, and how reading and
learning from others have helped us shape our own ideas. Even our own
ideas demand an acknowledgement of the sources and processes through
which those ideas have emerged. Thus, all ideas must be supported by
citations. All ideas borrowed from articles, books, journals, magazines,
case laws, statutes, photographs, films, paintings, etc., in print or online,
must be credited with the original source. If the source or inspiration of
your idea is a friend, a casual chat, something that you overheard, or
heard being discussed at a conference or in class, even they must be duly
credited. If you paraphrase or directly quote from a web source in the
examination, presentation or essays, the source must be acknowledged.
The university has a framework to deal with cases of plagiarism. All form
of plagiarism will be taken seriously by the University and prescribed
sanctions will be imposed on those who commit plagiarism.

Disability Support and Accommodation Requirements

JGU endeavours to make all its courses inclusive and accessible to
students with different abilities. In accordance with the Rights of Persons
with Disabilities Act (2016), the JGU Disability Support Committee (DSC)
has identified conditions that could hinder a student’s overall well-being.
These include physical and mobility related difficulties, visual and
hearing impairment, mental health conditions and intellectual/learning
difficulties e.g., dyslexia, dyscalculia. Students with any known disability
needing academic and other support are required to register with the
Disability Support Committee (DSC) by following the procedure specified
at https://jgu.edu.in/disability-support-committee/

Students who need support may register before the deadline for
registration ends, as communicated by the DSC via email each semester.
Those students who wish to continue receiving support from the previous
semester, must re-register every semester prior to the deadline for re-
registration as communicated by the DSC via email. Last minute
registrations and support are discouraged and might not be possible as
sufficient time is required to make the arrangements for support.

The DSC maintains strict confidentiality about the identity of the student
and the nature of their disability and the same is requested from faculty
members and staff as well. The DSC takes a strong stance against in-
class and out-of-class references made about a student’s disability
without their consent and disrespectful comments referring to a
student’s disability. With due respect for confidentiality, faculty and
students are encouraged to have honest conversations about the needs of
students with disabilities and to discuss how a course may be better
tailored to cater to a student with disability.

All general queries are to be addressed to

[email protected]

Safe Space Pledge

This course may discuss a range of issues and events that might result in
distress for some students. Discussions in the course might also provoke
strong emotional responses. To make sure that all students collectively
benefit from the course, and do not feel disturbed due to either the
content of the course or the conduct of the discussions. Therefore, it is
incumbent upon all within the classroom to pledge to maintain respect
towards our peers. This does not mean that you need to feel restrained
about what you feel and what you want to say. Conversely, this is about
creating a safe space where everyone can speak and learn without
inhibitions and fear. This responsibility lies not only with students, but
also with the instructor.

P.S. The course instructor, as part of introducing the course manual, will
discuss the scope of the Safe Space Pledge with the class.

PART IV

a. Weekly Course Outline

Introduction to Law of Evidence, the Indian Evidence Act,

Week 1 1872 and the Bharatiya Sakshya Adhinimyam, 2023

Theory of Relevancy

 Admissibility
 Res Gestae
Week 2
 Other sections like 5, 6, 8, and 9 from the BSA, 2023
and 7, 8, 10, 11 from IEA

Week 3 Test Identification Parade (s.7 of BSA and Sec 9, IEA)

Week 4 Dying Declaration (S.26 of BSA and Sec. 32 IEA)

Week 5 Dying Declaration contd.

Week 6 Expert evidence (s.39-45 of BSA and Sec. 45-51 of IEA)

Week 7
Admission (s.15-s.21, s.25, s.169 of BSA and Sec. 17-21,
167 of IEA)
Introduction to confessions (s.22-s.24 of BSA and Sec. 24-30
of IEA)
 Confession (contd.)
 Co-accused confession
 Approver testimony (s.138 and s.119 (ill. b) of BSA
and Sec. 133, 114(b) of IEA)
Week 8 Narco Analysis test

Burden of Proof (s. 104-s.120 of BSA,2023 and 0Sec. 101-

Week 9 114(a) of IEA)

Evidentiary Presumption (s.116-s.119 of the BSA and Sec

112, 113 A & B, and 114 of IEA)
Week 10
Documentary Evidence (s.56-64, s. 94,95 of BSA and Sec.
59-66, 91, 92 of IEA)
 Oral Evidence
 Primary evidence
 Secondary evidence
 Exclusion of oral evidence by documentary evidence
Week 11  Electronic evidence

Privileged Communication (s.128, s.129, s.130, s.13, s.132

of BSA and Sec. 121-134))
 Spousal Privilege
 State Privilege
 Lawyer-Client Privilege
Week 12

Witnesses (s. 124, 125 of BSA and Sec. 118-134 of IEA)

 Child witness, Witness unable to speak
 Hostile witness
 Examination and Cross-Examination of witnesses
Power of court to call witness
Week 13

Week 14
Revision Week

Recommended Text-books

 AVTAR SINGH, PRINCIPLES OF LAW OF EVIDENCE (LATEST EDITION)

  CHIEF JUSTICE M MONIR, TEXTBOOK ON THE LAW OF EVIDENCE
(LATEST EDITION)
 VEPA P. SARATHI, LAW OF EVIDENCE
 SARKAR ON LAW OF EVIDENCE

b. Module Description

c. Weekly/Module-wise Readings

Theory of Relevancy (Week 1 and 2)

R.M. Malkani v. State of Maharashtra 1973 AIR 157
Pooran Mal v. Director of Inspection AIR 1974 SC 348 (5 Judge Bench)
State of Punjab v. Baldev Singh, AIR 1999 SC 2378 (5 Judge Bench)
Ronny v State of Maharashtra. 1998 3 SCC 1251State
Res Gestae (Week 2)
G. V. Rao v. State of Andhra Pradesh, AIR 1996 SC 2791
Test Identification Parade (Week 3)
Daya Singh v. State of Haryana, AIR 2001 SC 1188
State of Maharashtra v Suresh 2000 SCC (Cr.) 263
Dying Declarations (Week 4 and 5)
Sharad Birdichand Sarda v State of Maharashtra (1984) 4 SCC 116.

Pakala Narayana Swami v King Emperor AIR 1939 PC 47.

Khushal Rao v State of Bombay 1958 AIR 22 1958 SCR 552

Puran Chand v State of Haryana (2010) 6 SCC 566.

Expert Evidence (Week 6)

Sri Chand Batra v. State of U.P., AIR 1974 SC 639
State of H.P. v. Jai Lal, AIR 1974 SC 639
Admissions (Week 7)
Sahoo v. State of U.P., AIR 1966 SC 40
Confessions (Week 7 and 8)
Palvinder Kaur v. State of Punjab, AIR 1952 SC 354 (short summary of
the case focused on use of contradictory statements)
Nishi Kant Jha v. State of Bihar, AIR 1969 SC 1335 (short summary of the
case focused on use of contradictory statements)
State of U.P. v. Deoman Upadhyaya, AIR 1960 SC 1125 (5 Judge Bench)
Aghnoo Nagesia v. State of Bihar, AIR 1966 SC 119
State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808
Selvi v State of Karnataka (2010) 7 SCC 263.

Approver’s testimony (Week 8)

Rameshwar v. State of Rajasthan, AIR 1952 SC 54
Bhuboni Sahu v King
Burden of Proof (Week 9)
Shambhu Nath Mehra v. State of Ajmer, AIR 1956 SC 404
Collector of Customs, Madras v. D. Bhoormal, AIR 1974 SC 859
Evidentiary Presumptions (Week 10)
Nandlal Wasudeo Badwaik vs Lata Nandlal Badwaik & Anr Citation
K. L. Rallaram v. Custodian, Evacuee Property, Bombay, AIR 1961 SC
1316
Anurag Soni v Chattisgarh AIR 2019 SC 1857
Documentary Evidence (Week 11)
Marvari Kumhar v. B. G. Ganeshpuri, AIR 2000 SC 2629
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal 2020 7 SCC 1
Oral Evidence (Week 11)
Bai Hira Devi v. Official Assignee of Bombay, AIR 1958 SC 448
Privileged Communication (Week 12)
Ram Bharosey v. State of U.P., AIR 1954 SC 704
Excerpts from S.P. Gupta v. President of India, AIR 1982 SC 149 (in
context of Sodhi Sukhdev Singh)
Witnesses (week 13)
R. D. Nayak v. State of Gujarat, AIR 2004 SC 23
Examination and Cross Examination and Re-Examination of
Witnesses: Focus on BSA sections
Power of the Judge to Call and Examine a Witness
Raghunandan v. State of U.P., AIR 1974 SC 436

Suggested Reading:
Amba Lal v. Union of India, AIR 1961 SC 264
Anvar v. P. K. Basheer (Civil Appeal 4226 of 2012)
Shafi Mohammed v. State of Himachal Pradesh (2 judge bench:
distinguishes itself from Anvar v. Basheer)
State of Punjab v Barkat Ram AIR 1962 SC 276.

Raja Ram Jaiswal v. State of Bihar, AIR 1964 SC 828

Dhana v State of West Bengal (1994) 2 SCC 220

Dana Yadav vs State of Bihar 2002 SCC (Cr.) 1698

Ramesh Chandra Agrawal vs Regency Hospital Ltd. 2009 AIR SCW 7308
S. N. Bose v. State of Bihar, AIR 1968 SC 1292
Dana Yadav vs State of Bihar 2002 SCC (Cr.) 1698
Girdhari v State 2011 15 SCC 373
Somasundaram v. State, (2020) 7 SCC 722 (3-Judge Bench)