ramesh sirigudi
Asked July 17, 2016

evidence balance of probability

  • 1 Answer

Law of Evidence in India, January 17, 2015......"For deciding a civil case, preponderance of probability is sufficient. Preponderance of probability means existence of a greater weight of evidence which is valuable to determine the offence and sufficient enough to incline a fair and impartial mind to one side of the issue" here it is not clear,please some one may appreciate, Preponderance of probability is in consideration of admissibility of evidence or for final judgement basing on evidences

Answer 1

Any judgment given is based upon evidences produced by both parties. Such material evidences are produced to prove a fact which is in dispute by the parties (known as the Fact-in-issue). In civil cases, a fact can be proved based upon probability of existence of that fact. Even though it cannot be said with absolute certainty that a particular fact exists still it is believed to exist because of its probability of existence.

This concept of Preponderance of probability or balance of probability is laid down under Section 3 of the Evidence Act- .

A fact is said to be proved when, after considering the matters before it, a fact is said to be proved when the Court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particularcase, to act upon the supposition that it exists.

The belief regarding the existence of a fact may thus be founded on a balance of probabilities. A prudent man faced with conflicting probabilities concerning a fact situation will act on the supposition that the fact exists, if on weighing the various probabilities he finds that the preponderance is in favour of the existence of the particular fact.

After taken into consideration the cumulative effect of all the circumstances established by evidence and the nature of these circumstances, then the judge decides whether it can be presumed that the offence was committed by the accused.

In the above quoted text- “existence of greater weight of evidence which is valuable to determine the offence” implies that it can be said that a particular offence has been committed (particular facts have existed) as the existence of evidence given to prove such facts is highly probable or probable.

It is in consideration of admissibility of evidence.

(D.P. Gopala vs Pushpaveni, AIR 1982 Kant 329, 1982 (1) KarLJ 441

(State vs Shakar Prasad, 1952 on 29 February, 1952 AIR 1952 All 776 )

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