Law of Evidence
Evidence Act, 1872: Core Concepts
Evidence may be oral, documentary, direct or circumstantial. Know the distinction between relevancy and admissibility: relevant facts are those connected to the fact in issue, but admissibility depends on the rules of evidence. Study the doctrine of res gestae (Section 6), admissions and confessions, dying declarations, and the rule against hearsay.
Burden of Proof and Presumptions
The general rule is that the burden of proof lies on the party who asserts a fact. Know the doctrine of onus probandi, the shifting of burden under Section 106 (facts especially within knowledge), and the presumptions in law, such as the presumption of legitimacy and the presumption of death after seven years' absence.
Witnesses and Examination
Revise the rules on competency of witnesses, the examination-in-chief, cross-examination and re-examination, leading questions, and the impeachment of credit. Know the difference between a hostile witness and an adverse witness, and the rule that a party cannot cross-examine its own witness without leave.
Documentary and Electronic Evidence
Understand primary and secondary evidence, the proof of documents, the rules on public documents, and the admissibility of electronic records under the Evidence (Amendment) Act, 2022. Know the requirement of certification for electronic evidence.
Traps
Questions often test whether a confession to a police officer is admissible (no), whether a dying declaration requires corroboration (it can be the sole basis of conviction if trustworthy), and the distinction between an admission and a confession. Another trap is the treatment of a statement by a person who is dead under Section 32.
Rule of Thumb
For any evidence question, first classify the statement (admission, confession, dying declaration, hearsay), then check whether it falls within a relevant section, and finally ask whether it is admissible and how much weight it carries.