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    BSA 2023 for LLB College

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    BSA 2023 for LLB College

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    BSA 2023 for LLB College

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    THE BHARATIYA SAKSHYA ADHINIYAM,2023

    (Law of Evidence)
    Paper IV [Code – LB21404C] Max. Marks = 100
    Time Duration: 3 Hours Theory =
    80
    Continuous Assessment = 20
    NOTE: The subject includes a comprehensive and up to date study of various aspects
    of The Bharatiya Sakshya Adhiniyam of 2023. The question paper shall be of 80
    marks spread over the whole syllabus and shall comprise of three sections. Section A
    (Very short answer type questions in about 10 _20 words) shall have 10 questions.
    Two questions from each unit carrying 2 marks each. Section B (Short answer type
    questions in above 200_250 words)shall have 5 questions, one question from each unit
    carrying 6 marks each. All questions from sections A and B have to be
    answered .Section C (Long answer type questions in about 400 _500 words)shall have
    5 questions, one from each unit carrying 10 marks each. Any 3 questions out of 5 have
    to be answered from this section. 30 percent of the questions will be problem based.
    Objective: The objective of this paper is to orient students with importance of The
    Bharatiya Sakshya Adhiniyam for establishment of claims and related rules and
    principles.

    UNIT I : Application,Definitions and Relevancy I.


    1. Section 1 to 9.
    2. Admission: Section 15,16,19,21,25.
    3. Confession: Section 22,23,24.

    Unit II : Relevancy II ,Expert evidence, Character evidence, Facts need not to


    be proved, Hearsay evidence.
    1. Section 26 (a),27,29,34,35.
    2. Opinion of experts (section 39_Evidentiary value of an expert,
    Ballistic opinion, DNA examination, Brain Mapping, Narco-analysis,
    Hand writing examination, Finger impressions, Cyber Expert and Other
    technical grounds.
    3. Section 41, 45,46,49,51,52,53,54,55.

    UNIT III : Documentary evidence, Burden of proof


    1. Section 56 to 63.
    Section 66,67,68,70,72,73,74,75.
    Section 94,95,96.
    2. Burden of Proof : Section 104,105,108,109.
    UNIT IV : Presumptions, Estoppel, Privileged communication, Accomplice.
    1. Presumptions : Section 116,117,118,119.
    2. Law of Estoppel :Section 121.
    3. Who may testify : Section 124 to 126.
    4. Privileged communications: Section 128, Section 129.
    5. Professional communication : Section 132,134.
    6. Accomplice : Section 138

    UNIT V: Examination of witnesses and Improper admission or rejection of


    evidence.
    1. Examination of witnesses : Section 140 to 143 and 146.
    2. Witnesses to character and question to be asked: Section 145,151, 152,153.
    3. Cross examination as to previous statement in writing :Section 148
    4. Questions lawful in cross examination and impeaching credit of a
    witness :Section 149 and 158.
    5. Exclusion of evidence to contradict : Section 156.
    6. Question by part to his own witness: Section 157.
    7. Former statements of witness may be proved to corroborate : Section 160.
    8. Refreshing memory :Section 162 and Section 163
    9. Production of documents : Section 165.
    10. Judges power to put questions : Section 168
    11. No new trial for improper admission or rejection of evidence : Section 169 .
    12. Repeal and Savings : Section 170.
    Leading cases :
    1.Sukhar v/s State of U.P 1999 S.C 3883.AIR.
    2. R v/s Foster 172 ER 1261.
    3. Queen Empress v/s Abdullah (1885)7All.385(F.B)
    4. Brij Mohan v/s Amar Nath AIR 1980JK 54.
    5. Pakala Narayan Swami v/s Emperor AIR 1939 P.C 47.
    6. khushal Rao v/s State of Bombay 1958 AIR 22.
    7.Mh.Innayatullah v/s State of Maharashtra 1976 AIR483.
    8.Dagdu v/s State of Maharashtra 1977 SC 3.
    9.State of U.P v/s Deoman Upadhya AIR 1960 SC 1125.
    10. R.Singh v/s State of Punjab 19761 SCC 181.
    11.State v/s Bal Krishnan 1992 Cr.LJ 1872.
    12. Satpal v/s Delhi Administration 1976AIR 294.
    13.TukaRam v/s State of Maharashtra 1979 AIR SC 185.
    14. Union of India v/s Ramaswamy AIR 1997 SC 2055.
    15. R.K Dalmia v/s Delhi Administration AIR 1962 SC 1821.
    16.Ram Krishnan v/s Savitri Devi 1982.Delhi.
    17.Rafiq v/s State of U.P AIR SC 559.
    18.Dahyabhai chhaganbhai Thakker v/s State of Gujrat 1964AIR 1563.

    Recommended books:
    Bharatiya Sakshya Adhiniyam ,2023 (Bare Act).

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