Relevancy, Proof and Evaluation of Evidence in Criminal Cases

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Description
'Law of Evidence' more than any other branch of law is composed of rules built on useful expediency and the understanding of real litigation. It is closely linked with human nature and society. The premises on which many of the rules of evidence are constructed, and the procedures in which they are rooted, in large part are the result of the views of the original framers of the law about human psychology. It rests on the way how people make judgments and draw inferences from verbal and other reports about objects and events, and about the organization and operation of Courts. Mere reading of a treatise on a subject like the law of evidence does not give a comprehensive insight about the subtleties or the purpose of rules relating to relevancy, admissibility and generation of belief in the mind of the triers of the fact. Experience according to James FitzJames Stephan gives by degrees, in favourable cases, a comprehensive acquaintance with the principles of the law with which a practitioner is conversant. This book is the outcome of the deep understanding and knowledge of the author on the nuances of the law of evidence, which he gained as a lawyer, judge and educator. The topics are arranged in such a way that it would be easy for a practitioner to locate the exact point which is relevant in any given circumstance. The index and appendices are also arranged in such a fashion that the book would be a convenient handbook for lawyers, judges, and students of law. Apart from being a handy guide for the practitioner, the distinctiveness of this work is the treatment of the topics relating to evaluation of testimonial and documentary evidence, particularly shedding light on the question of proof, explicitly the generation of belief in the trier of the fact on facts which are pivotal to adjudication in a given case.
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Contents
Chapter 1 :  Preliminary
Chapter 2 :  Facts and Relevancy of Facts
Chapter 3 :  Relevancy - General (Sections 6 To 16)
Chapter 4 :  Admissions (Sections 17 to 22A And 31)
Chapter 5 :  Confessions (Sections 24 to 26 and 28)
Chapter 6 :   Statements by Persons who cannot be Called as Witnesses (Section 32 & 33)
Chapter 7 :  Statements Made Under Special Circumstances
Chapter 8 :  Opinion (Sections 37 To 39)
Chapter 9 :  Judgments of Courts (Sections 40 to 44)
Chapter 10 : Opinions of Third Persons where Relevant?
Chapter 11 : Character
Chapter 12 :  Facts, which need not be Proved
Chapter 13 :  Oral Evidence
Chapter 14 :  Documentary Evidence and Proof of Contents of Documents (Section 61)
Chapter 15 :  Proof of Genuineness of Documents (Sections 67 to 73)
Chapter 16 :  Public Documents (Sections 74 to 78)
Chapter 17 :  Elementary Principles
Chapter 18 :  Types of Evidence
Chapter 19 :  Burden and Standard of Proof
Chapter 20 :  Certain Issues in Evaluation of Evidence
Chapter 21 :  Definition of "Provid" in Section 3
Chapter 22 :  Evaluation of Oral Testimony
Chapter 23 :  Witnesses
Chapter 24 :  Expert Evidence
Chapter 25 :  Evidence-Defences Viewpoint
Chapter 26 :  First Information Statement (FIS) and FIR
Chapter 27 :  Section 313 of Cr.P.C
Chapter 28 :  Motive
Chapter 29 :  Motive of Witnesses
Chapter 30 :  Dying Declaration
Chapter 31 :  Murder by Poisoning
Chapter 32 :  Confession
Chapter 33 :  Conclusion
Appendix I : New Investigative Strategies
Appendix II : The Indian Evidence Act, 1872
Subject Index
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Author Details
Justice U.L. Bhat, Former Chief Justice, Kerala High Court.
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