proved, disproved and not proved in indian evidence act

PROVED, DISPROVED AND NOT PROVED IN INDIAN EVIDENCE ACT

PROVED.

The rules and regulations of Sec.3 of the Indian evidence act, the statute defines, “proved”, which runs as thus:-

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.

·        A fact is said to be proved, only after considering the matters before the court.

·        After considering the matters, the court either believes the fact to exist, or considers the existence of such fact

·        The test of proof Is of probabilities upon which a prudent man with rationale thinking.

·        The consideration of the facts by the court depends upon the circumstances of the particular case.

·        When the court believes or considers the existence of the fact, then it acts upon supposition that it exists.

DISPROVED

Section 3 of the Indian evidence act defines “Disproved”. A fact is said to be disproved when, after considering the matters before it, the court either believe that it does not exist, considers it’s 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.

·        A fact is said to be disproved, only after considering the matters before the court.

·        After considering the matters, the court either believes the facts does not exist or considers the non – existence of such fact.

·        The test of disproof is of probabilities upon which a prudent man may base his opinion. The court considers the matters before it as a prudent man with rationale thinking.

·        The consideration of the facts by the court depends upon the circumstances of the particular case.

·        When the court disbelieves or considers the non – existence of the fact, then it acts upon supposition that it’s non – existence, and then declares such fact as disproved.

NOT PROVED

Sec.3 of the Indian evidence act defines “not proved”. A fact is said to be not proved when it is neither proved or disproved.