What is basic concept of "Proved", "Not proved" and "Disproved" as per provisions of Indian Evidence Act?

S. 3 of Indian Evidence Act:-  Interpretation clause.

“Proved”.—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 that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.

“Disproved”.—A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.

“Not proved”.—A fact is said not to be proved when it is neither proved nor disproved.

Detailed analysis

In the context of the Indian Evidence Act, "Proved," "Not proved," and "Disproved" are legal terms that define the degree to which a fact has been established in a court of law. These terms are crucial for determining the outcome of a case.

Proved

A fact is said to be "proved" when, after considering the evidence presented, the court believes that the fact exists or considers its existence so probable that a prudent man ought to act upon the supposition that it exists. This means that the evidence presented is sufficiently strong to convince the court that the fact is true.

Not Proved

A fact is said to be "not proved" when the evidence presented is insufficient to convince the court that the fact exists. The court may consider the evidence to be inconclusive or lacking in credibility. In this case, the fact is not considered to be established.

Disproved

A fact is said to be "disproved" when the evidence presented is strong enough to convince the court that the fact does not exist. This means that the evidence has effectively negated the existence of the fact.

In summary, the distinctions between "Proved," "Not proved," and "Disproved" under the Indian Evidence Act are based on the assessment of evidence by the court. "Proved" facts have sufficient evidence in their favor, "Not proved" facts lack the necessary evidence to be accepted, and "Disproved" facts have clear evidence against them.

Print Page