UP JUDICIARY Procedure & Evidence (Law II) Syllabus

UP JUDICIARY Procedure & Evidence (Law II): topic-wise syllabus

1. 1

   Constitutional Law & Torts

   ~60 marks

   • Constitutional Law: Preamble, Basic Structure, FRs (Article 14-32 — Detailed), DPSP, Duties, Union/State Executive, Parliament/State Legislature, Supreme Court/High Courts, Centre-State Relations, Emergency, Amendment
   • Law of Torts: Nature, General Defences, Trespass (Person, Land, Goods), Negligence (Duty, Breach, Causation, Remoteness), Nuisance, Defamation, Strict/Absolute Liability, Vicarious Liability
   • Constitutional Torts: PIL, Article 32 & 226 Writs, State Liability (Article 300), Custodial Death/Violence Compensation
2. 2

   Law of Evidence / BSA 2023

   ~50 marks

   • Relevancy of Facts: Res Gestae, Motive, Preparation, Conduct, Conspiracy Statements
   • Admissions and Confessions: Kinds, Relevancy, Confession to Police, Custodial Confession, Retracted Confession, Co-Accused's Confession
   • Dying Declaration: Conditions, Evidentiary Value, Expert Evidence
   • Burden of Proof: On Whom, Shifting, Reverse Onus, Presumptions, Estoppel (Section 115, Promissory)
   • Witnesses: Competency, Privilege, Examination (Chief, Cross, Re-Examination), Hostile Witness
   • Documentary Evidence: Primary/Secondary, Public/Private, Electronic Evidence (Section 65B)
3. 3

   CPC & CrPC

   ~50 marks

   • CPC: Jurisdiction, Res Judicata, Res Sub Judice, Pleadings (Plaint, Written Statement, Set-Off, Counter-Claim), Issues, Summons, Ex-Parte Decree, Execution, Appeals (First/Second/From Orders), Reference, Review, Revision, Inherent Powers (Section 151), Temporary Injunction (Order XXXIX)
   • CrPC / BNSS: Hierarchy of Courts, Arrest (Rights, Procedure, DK Basu Guidelines), Bail (Regular, Anticipatory — Section 438), FIR (Lalita Kumari), Investigation, Charge, Trial (Sessions, Warrant, Summons, Summary), Judgment, Appeals, Revision, Inherent Powers (Section 482), Maintenance (Section 125)
4. 4

   Pleading, Charges & Judgment Writing

   ~40 marks

   • Pleading: Rules (Order VI), Plaint Structure, Written Statement, Amendment of Pleadings
   • Framing of Issues: Material Propositions, Onus of Proof (Order XIV)
   • Framing of Charges: Form, Joinder, Alteration, Withdrawal (CrPC Sections 211-224)
   • Judgment Writing: Structure (Civil — Order XX, Criminal — Section 353), Ratio Decidendi, Application of Facts to Law, Reasoning, Sentence