MAR GREGORIOS COLLEGE OF LAW

Nalanchira, Thiruvananthapuram

PAPER-05

LAW OF EVIDENCE
ASSIGNMENT

SUBMITTED TO: PROF. USHA KUMARI K G (FACULTY OF LAW)

SUBMITTED BY: ABHIJITH A U

ROLL NO: 403

SUBMITTED ON: 29-06-2018

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TABLE OF CASES

Lokeman Shah v State of West Bengal (2001(2) RCR(Crl.) 484)

State of West Bengal v Section Orilal Jaiswal (AIR 1994 SC 1418)

State of Maharashtra v Md. Yakut (AIR 1980 SC 1111)

Parbhoo and Ors v Emperor

Emperor v Shafi Ahmed Nabi Ahmed (1929 31 BOMLR 515)

Abdul Rashid Khan v PAKA Shahil Hamid (2000 10 SCC 636)

Bhano v Babu Singh (1998 Cr.LJ 4768 (Raj))

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CONTENT

1. INTRODUCTION ………………………………………………………………………. 4

2. PROVED, DISPROVED, NOT PROVED……………………………………….. 5

3. CONCLUSION.............................................................................. 7

4. BIBLIOGRAPHY............................................................................. 8
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INTRODUCTION

The term ‘evidence’ means anything by which the alleged matter of fact
is either established or disproved, anything that make the thing in question
evident to the court is evidence. Evidence plays a vital role in our legal
system and the Indian Evidence Act 1872 states which all can be admissible
in the court of law.

A Court after considering the evidence adduced before it and hearing

arguments, comes first to a conclusion as to the existence or non existence of
the various facts asserted or denied by the parties and, after finding all the
facts, applies the rule of law. If all the facts stated in the rule of law are found
to exist, the right or liability which would follow according to the rule of law
is decreed or ordered by the court. When a court finds that fact exist, the
facts are said to have been approved, if the Court finds they do not exist,
they are said to be disproved. This assignment further details on the topic of
‘Proved’, ‘Disproved’ and ‘Not proved’.
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PROVED, DISPROVED, NOT PROVED

Proved, Disproved and Not proved is given in Section 3 of Indian

Evidence Act, these provisions of the Act deal with the degree or standard of
proof.

Proved:

A fact is said to be proved when it 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 1.

Proof is establishment of the fact in issue by proper legal means to the

satisfaction of the court; also proof does not mean mathematical
demonstration2, it mean such evidence as would induce a reasonable man to
come to the conclusion. So when a fact is said to be proved when it can be
established before the court of law along with relevant facts needed for a
prudent man to believe it. The word ‘proved’ does not draw any distinction
between direct or circumstantial evidence.3

In civil cases, mere preponderance of probability is sufficient; whereas,

in criminal cases, issues must be proved beyond any reasonable doubt. The
rule is based upon the maxim of English law laid down by Holroyd J. that “it
is better that ten guilty men should escape, rather than one innocent should
suffer”.

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-
1
Lokeman Shah v State of West Bengal (2001(2) RCR(Crl.) 484)
2
State of West Bengal v Section Orilal Jaiswal (AIR 1994 SC 1418)
3
State of Maharashtra v Md. Yakut (AIR 1980 SC 1111)
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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.

Whenever it is directed by the Act that the court shall presume in the
absence of a fact it shall regard facts as disproved unless and until it is
proved. However Section 4 directs that a fact shall be presumed, the court
must regard such fact as proved unless and until it is disproved. 4

Not Proved:

A fact is said not to be proved when it is neither proved nor disproved.

A fact is said to be not proved when neither its existence nor its not existence
is proved. It also indicates a state of mind, after considering the matters
before it, the Court either believes it to in between the two that is one cannot
say whether a fact is proved or disproved. It negatives both proof and
disproof.5

Not proved is something different form being ‘false’. An inability to

prove a claim does not mean in all case that it is false 6. Facts must be proved
by the best evidence available 7 and if it cannot be done it will remain not
proved.

The term ‘not proved’ indicates a state of mind between two states of
mind (“proved” and “disproved”) when one is unable to say precisely how
the matter stands.

4
Parbhoo and Ors v Emperor
5
Emperor v Shafi Ahmed Nabi Ahmed (1929 31 BOMLR 515)
6
Abdul Rashid Khan v PAKA Shahil Hamid (2000 10 SCC 636)
7
Bhano v Babu Singh (1998 Cr.LJ 4768 (Raj))
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CONCLUSION

Evidence plays a vital role in our legal system; Indian Evidence Act
1872 contains set of rules and allies issues governing admissibility of
evidence in the Indian courts of law. Evidence covers the burden of proof,
admissibility, relevance, etc; and among them the admissibility of a fact
tends to stand apart as this determines if the court acknowledges the
evidence or not. To conclude, the mentioned proved, disproved and not
proved is a basic concept that has a crucial role and is a determining fact in
every case.
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BIBLIOGRAPHY

1. Dr. Avtar Singh, The Law of Evidence, Central Law Publications, 21 st

ed. 2014
2. Ratanlal and Dhirajlal, The Law of Evidence, Lexis Nexis, 24 th ed. 2011
3. https://www.westlaw.com/
4. https://indiankanoon.org/
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