standard of proof

In civil cases, the standard is the preponderance of probabilities: the fact is proved if it is more likely than not. In criminal cases, the prosecution must prove guilt beyond reasonable doubt, because of the presumption of innocence. Where the law places a burden on the accused (for example, to bring his case within a general exception), he need only show a preponderance of probability.

The standard of proof is different from the burden of proof, which tells us who must prove a fact; the standard tells us how far it must be proved. Section 2(1)(j) of the BSA (old s.3 Evidence Act) defines “proved” in terms of a prudent man's belief, which courts apply at different levels in civil and criminal cases.

Example

The accused who pleaded private defence needed to meet only the civil standard of proof, a preponderance of probabilities.

In Indian law

• Section 2(1)(j), Bharatiya Sakshya Adhiniyam, 2023 (old s.3, Indian Evidence Act, 1872): definition of “proved”

See also

beyond reasonable doubt · burden of proof · presumption of innocence

Read more in the study notes

• General exceptions: mistake, accident, necessity and incapacity (Bharatiya Nyaya Sanhita)
• The right of private defence (Bharatiya Nyaya Sanhita)
• Introduction to the law of evidence and its central conceptions (Bharatiya Sakshya Adhiniyam)
• Relevance of judgments of courts (sections 34 to 38) (Bharatiya Sakshya Adhiniyam)
• Burden of proof: the general rules (Bharatiya Sakshya Adhiniyam)
• Article 22: rights of the arrested person and preventive detention (Constitutional Law I)