Proof Beyond A Reasonable Doubt - Law Dictionary Search Results
Home Dictionary Name: proof beyond a reasonable doubtproof beyond a reasonable doubt
proof beyond a reasonable doubt see burden of proof. Source: Federal Judicial Center ...
Proved
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 distinctio...
standard of proof
standard of proof :the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding [the standard of proof to convict is proof beyond a reasonable doubt] see also clear and convincing, preponderance of the evidence compare burden of proof clear and convincing evidence at evidence, reasonable doubt NOTE: Preponderance of the evidence is the least demanding standard of proof and is used for most civil actions and some criminal defenses (as insanity). Clear and convincing proof is a more demanding standard of proof and is used in certain civil actions (as a civil fraud suit). Proof beyond a reasonable doubt is the most demanding standard and the one that must be met for a criminal conviction. ...
Shadow of doubt
Shadow of doubt, in its practical application in circumstantial evidence, the test which requires the exclusion of other alternative hypothesis is far more rigorous than the test of proof beyond reasonable doubt, Shankarlal G. Dixit v. State of Maharashtra, AIR 1981 SC 765: (1981) 2 SCC 35: (1981) Cr LJ 325....
beyond a reasonable doubt
beyond a reasonable doubt The standard in a criminal case that must be met by the prosecution in order to convict the defendant. It means the evidence is fully satisfied, all the facts are proven and guilt is established. Source: FindLaw ...
Satisfied
Satisfied, means, free from anxiety, doubt, per-plexity, suspense or uncertainty. In order that a magistrate be relieved of all doubts or uncertainties and for his mind to be reasonably certain or free from doubt, it is necessary that he should permit parties concerned to place before him sufficient material, justifying initiation of the proceedings, Faquir Chand v. Bhana Ram, AIR 1957 Punj 303.Satisfied, the word 'satisfied' must mean 'satisfied on a preponderance of probabilities' and not 'satisfied beyond a reasonable doubt'. S.. 23 does not alter the standard of proof in civil cases, Dr. N.G. Dastane v. S. Dastane, AIR 1975 SC 1534: (1975) 2 SCC 326: (1975) 3 SCR 967....
prove
prove proved proved or: prov·en [prü-vən] prov·ing 1 : to test the truth, validity, or genuineness of [ a will at probate] 2 a : to establish the existence, truth, or validity of [the charges were never proved in court] b : to provide sufficient proof of or that [proved the defendant guilty beyond a reasonable doubt] prov·able [prü-və-bəl] adj prov·able·ness n prov·ably [prü-və-blē] adv ...
Burden of proof
Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.The phrase 'burden of proof' has not been defined in the Indian Evidence Act....
Reasonable hypothesis
Reasonable hypothesis, before a person can be con-victed on the strength of circumstantial evidence, the circumstances in question must be satisfactorily established and the proved circumstances must bring home the offence to the accused beyond reasonable doubt. If those circumstances or some of them can be explained by any other reasonable hypothesis then the accused must have the benefit of that hypothesis. But in assessing the evidence imaginary possibilities have no place. What is to be considered are ordinary human probabilities, Awadhi Yadav v. State of Bihar, AIR 1971 SC 69 (70): (1971) 3 SCC 116....
Satisfied on the evidence
Satisfied on the evidence, these words 'satisfied on evidence' in s. 14 of the Divorce Act 1869, imply that it is the duty of Court to pronounce a decree when it is satisfied that the case has been proved beyond reasonable doubt as to the commission of a matrimonial offence, Earnist John White v. Kathleen Olive White, AIR 1958 SC 441 (444): (1958) SCR 1410. (Divorce Act, 1869, ss. 14, 7)...
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