| Law of Evidence

The Law of Evidence is a core course of the B.A., LL.B. (Hons.) degree, as mandated by the Bar Council of India, and also for the LL.B. (Hons) programme at the National Law School of India University, Bengaluru. In terms of subject matter, the course is standalone, though it will draw from courses on legal procedure.

The present course approaches the subject of evidence law from doctrinal as well as practical perspectives. It will cover the principles upon which the subject matter has been founded, and its application through the Indian Evidence Act, 1872, in most parts retained by the Bharatiya Sakshya Adhiniyam 2023. Students will be introduced to both theoretical and historical themes of the subject matter, aiming to develop sufficient understanding and expertise to be able to apply the law. Simultaneously, students will be shown how the law of evidence is invoked and used in courts of law, and its interaction with legal procedure.

Readings for the course range from case law to scholarship on the subject, divided thematically. Students are expected to read in advance of classes and be able to appreciate the relevance of the readings to class discussions. They are also encouraged to actively participate in classes and respond to issues under discussion. The course is structured in a manner so as to first initiate students to the basics of evidence law and its historical development. Thereafter, students are introduced to conceptual distinctions in evidence law, and to ways of thinking about the subject while simultaneously understanding the practical application of evidence law rules. The course then divides itself thematically to different areas of evidence law, and deals with them. The course also critically evaluates the changes brought in by the Bharatiya Sakshya Adhiniyam 2023 to the rules under the Indian Evidence Act, 1872.