Circumstantial Evidence - Definition - Law Dictionary Home Dictionary Definition circumstantial-evidence

Definition :

Circumstantial evidence, presumptive proof when the fact itself is not proved by direct testimony, but is to be inferred from circumstances, which either necessarily or usually attend such facts. It is obvious that a presumption is more or less likely to be true according as it is more or less probable that the circumstances would not have exited unless the fact which is inferred from them had also existed; and that a presumption can only be relied on until the contrary is actually proved. Circumstantial evidence has, in some instances, undoubtedly been found to produce a much stronger assurance of a prisoner's guilt than could have been produced by more direct and positive testimony. As a general principle, however, it is true that positive evidence of a fact from credible eye-witnesses is the most satisfactory that can be produced; and the universal feeling of mankind leans to this species of evidence in preference to that which is merely circumstantial. If positive evidence of a fact can be produced, circumstantial evidence ought not to be trusted. Chief Baron Gilbert, therefore, considered it a higher species of proof. He says, 'When the fact itself cannot be proved, that which comes nearest to the proof of the fact is the proof of the circumstances which necessarily or usually attend such facts, and which are called presumptions and not proofs, for they stand instead of the proofs of the fact till the contrary be proved.''1 Phil. Evid. c. 7, s. 2. See Wills on Circumstantial Evidence; Powell on Evidence.

It is the rule of circumstantial evidence that where circumstances are susceptible of two equally possible inferences, the Courts should accept that inference which favours the accused rather than an inference which goes in favour of the prosecution, Ram Das v. State of Maharashtra, (1977) 2 SCC 124: AIR 1977 SC 1164 (1166).

Circumstantial evidence, which is itself of title weight may, taken together with other evidence, satisfy the onus of proof on the prosecution, R.V. Lydon (Sean), (1987) 85 Cr. App Rep 221. (CA)