Proved - Definition - Law Dictionary Home Dictionary Definition proved

Definition :

Proved, there is no difference between the general rules of evidence in civil and criminal cases, and the definition of 'proved' in s. 3 of the Evidence Act does not draw a distinction between civil and criminal cases. Nor does this definition insist on perfect proof because absolute certainty amounting to demonstration is rarely to be had in the affairs of life. Nevertheless, the standard of measuring proof prescribed by the definition, is that of a person of prudence and practical good sense. 'Proof' means the effect of the evidence adduced in the case, Ch. Razik Ram v. Ch. Jaswant Singh Chouhan, AIR 1975 SC 667: (1975) 4 SCC 769.

(ii) S. 3 of the Evidence Act, a fact is said to be 'proved' when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable than a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. This definition of 'proved' does not draw any distinction between circumstantial and other evidence, State of Maharashtra v. Mohd. Yakub, AIR 1980 SC 1111: (1980) 3 SCC 57: (1980) 2 SCR 1158.

A person has, no doubt, a profound right not to be convicted of an offence which is not established by the evidential standard of proof beyond reasonable doubt. Though this standard is a higher standard there is, however, no absolute standard. What degree of probability amounts to 'proof' is an exercise particular to each case. Doubts would be called reasonable if they are free from a Zest for abstract speculation. Law cannot afford any favorite other than truth. To constitute reasonable doubt, it must be free from an over-emotional response. Doubts must be actual and substantial doubts as to the guilt of the accused person arising from the evidence, or form the lack of it, as opposed to mere vague apprehensions. A reasonable doubt is not an imaginary, trivial or a merely possible doubt; but a fair doubt based upon reason and common sense, State of Uttar Pradesh v. Krishna Gopal, (1988) 4 SCC 302 (313): AIR 1988 SC 2154. (Evidence Act, 1872, s. 3)