AIBE 19 Evidence Act 2024: Syllabus, Topics, Preparation Tips

AIBE 19 Evidence Act 2024: The Bar Council of India has published the AIBE 19 syllabus 2024 on its official website. This year, BCI has made changes to the AIBE XIX syllabus. Three new subjects - Bhartiya Nyay Sanhita, Bhartiya Nagarik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam. Evidence Act is also an integral part of the AIBE 19 syllabus. The AIBE 19 Evidence Act subject 2024 comprises 8 questions out of total 100 asked in the All India Bar Examination. This year onwards, a new section has been added along with the Evidence Act - Bhartiya Sakshya Adhiniyam. Read the complete article to get detailed information about AIBE 19 syllabus, topics, sub-topics, important cases, preparation tips and more.

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This Story also Contains

1. AIBE 19 Evidence Act Syllabus 2024
2. AIBE 19 Evidence Act Preparation Tips
3. Best Books for AIBE 19 Evidence Act Preparation

AIBE 19 Evidence Act Syllabus 2024

The detailed topics, sub-topics and important cases in the Evidence Act subject of AIBE 19 syllabus have been given below:

I. General Issues Relating to Law Of Evidence

1. Re-enactment of past events for deducing blameworthiness or entitlements of the parties is the core enquiry of Evidence Law. Similarities between the historians, authors, media persons and lawyers in their re-enactment of ‘past event’ enterprise.

2. Why rules of evidence have different significance under the Adversarial System and Inquisitorial System of Justice?

3. History of statutory Evidence Law in India – Pre and post Indian Evidence Act, 1872 realities – Role of Judiciary, particularly the appellate judiciary in up- dating the Evidence Law rules by judicial creativity.

4. Understanding the concepts such as : ‘Facts’, ‘Facts in issue’, ‘Relevant Fact’, ‘Evidence-Oral and Documentary’, ‘Proved’, ‘Disproved’ and ‘Not Proved’.

5. Relationship between law of Evidence and substantive laws (Criminal and Civil laws) and procedural laws (Code of Criminal Procedure and Civil Procedure Code).

II. Relevancy and Admissibility Of Facts

1. Logically relevant facts – sections 5-9, 11

2. Special class of relevant facts relating to Conspiracy – section 10

3. Stated relevant facts

   1. Admissions - sections 17-23

   2. Confessions - sections 24-30

   3. Dying Declarations - section 32(1)

4. Opinion of Third Person when relevant - sections 45-51

Important Cases

1. State of Maharashtra v. Prafulla B. Desai (Dr.) (2003) 4 SCC 601

2. R. M. Malkani v. State of Maharashtra, AIR 1973 SC 157

3. Mirza Akbar v. Emperor, AIR 1940 PC 176

4. Badri Rai v. State of Bihar, AIR 1958 SC 953

5. Mohd. Khalid v. State of W.B. (2002) 7 SCC 334

6. Jayantibhai Bhenkerbhai v. State of Gujarat (2002) 8 SCC 165

7. Bishwanath Prasad v. Dwarka Prasad, AIR 1974 SC 117

8. Central Bureau of Investigation v. V.C. Shukla, AIR 1998 SC 1406

9. Veera Ibrahim v. State of Maharashtra, AIR 1976 SC 1167

10. Aghnoo Nagesia v. State of Bihar, AIR 1966 SC 119

11. Pulukuri Kottaya v. Emperor, AIR 1947 PC 67

12. Bodhraj v. State of J. & K. (2002) 8 SCC 45

13. Khushal Rao v. State of Bombay, AIR 1958 SC 22

14. Sudhakar v. State of Maharashtra (2000) 6 SCC 671

15. Patel Hiralal Joitaram v. State of Gujarat (2002) 1 SCC 22

16. Laxman v. State of Maharashtra (2002) 6 SCC 710

17. Ram Narain v. State of U.P., AIR 1973 SC 2200 : (1973) 2 SCC 86

III. On Proof

1. Facts which need not be proved – sections 56-58

2. Facts which the parties are prohibited from proving – Doctrine of Estoppel – sections 115-117

3. Privileged communications – sections 122-129

4. Oral and documentary evidence – sections 59-78

5. Exclusion of oral by documentary evidence – sections 91-92

Important Cases

1. R. S. Maddanappa v. Chandramma (1965) 3 SCR 283

2. Madhuri Patel v. Addl. Commissioner, Tribal Development, AIR 1995 SC 94

3. Sanatan Gauda v. Berhampur University, AIR 1990 SC 1075

4. M.C. Vergheese v. T.J. Ponnan, AIR 1970 SC 1876

5. State of U.P. v. Raj Narain, AIR 1975 SC 865

IV. Accomplice Evidence – Section 133 Read with Section 114

1. Bhuboni Sahu v. The King, AIR 1949 PC 257

2. Haroon Haji Abdulla v. State of Maharashtra, AIR 1975 SC 856

3. Ravinder Singh v. State of Haryana, AIR 1975 SC 856

V. Witnesses; Competence And Examinations

1. Child Witness – section 118

2. Dumb Witness – section 119

3. Hostile Witness – section 154

4. Examination, cross-examination and re-examination- sections 137-139, 155

Important Cases

• State of Bihar v. Laloo Prasad (2002) 9 SCC 626

VI. Presumptions

• Sections 4, 41, 105, 111-A, 112, 113, 113-A, 113-B, 114 and 114-A

Important CAses

1. Goutam Kundu v. State of West Bengal, AIR 1993 SC 2295

2. Dipanwita Roy v. Ronobroto Roy, AIR 2015 SC 418

AIBE 19 Evidence Act Preparation Tips

Here are some preparation tips to ace the AIBE 19 Evidence Act subject of AIBE 19:

• Read Case Laws: Candidates must regularly go through the case laws related to the Evidence Act. The case laws help candidates understand the practical aspects of the subject matter.

• Plan your preparations: A good preparation plan is the key to good performance in the AIBE exam. Candidates are advised to have a good preparation plan in place before they start their preparation. Candidates can decide for themselves how much time they need to prepare and make a monthly, weekly and daily timetable leaving ample time for revision.

• Practice previous year question papers: The AIBE previous year question papers are released once a session is over. Candidates can use these AIBE previous year question papers to understand the paper pattern. Also, candidates can get a good test of their preparations.

• Revise regularly: Study without revision is labour lost. Candidates must make sure that they revise everything they have studied during the course of preparation. Revising regularly helps memorizing concepts better. Given the comprehensive syllabus of AIBE, revision will help candidates regain important topics.

Best Books for AIBE 19 Evidence Act Preparation

Here are two books students can refer to prepare for Evidence Act subject:

• Vepa P. Sarathi, Law of Evidence (6th ed., 2006)

• M. Monir, Law of Evidence (14th ed., 2006)