168. Knowledge Spectrum – Discipline – EVALUATION OF EVIDENCE 85.
258. What is meant by the standard of proof?
Standard of proof or level of proof, refers to the quality of evidence produced to establish a fact. In a sense it indicates as to how strongly the evidence establishes the fact it purports to prove. Generally the following three levels of proof are referred to in judicial/legal proceedings Preponderance of probability Clear and convincing evidence Proof beyond reasonable doubt
259. What is the difference between the criminal trial and departmental proceedings in so far as evaluation of evidence is concerned?
Generally the following three points of distinction exist between criminal trial and departmental proceedings in so far as evaluation of evidence is concerned:
(a) In criminal proceedings, standard of proof required is proof beyond reasonable doubt. On the other hand, preponderance of probability is adequate to establish the charge in departmental proceedings.
(b) Hearsay evidence is strictly prohibited in criminal trials. However, there is no bar against the reception of hearsay evidence by domestic tribunals. What value is to be attached to such evidence depends upon the facts and circumstances of each case.
(c) In domestic inquiries, a relaxed procedure is adopted for allowing circumstantial evidence.
260. What is pre-ponderance of probability?
Literal meaning of the word preponderance: is superiority in power, influence number or weight.
As a level or standard of proof, pre-ponderance of probability means "more likely to have happened than otherwise.
261. What is hearsay evidence?
When a witness states a fact based on what he/she had heard from some other source without being a direct witness to the event, evidence tendered by such a person is known as hearsay evidence
262. What are the rules regarding the admissibility of hearsay evidence?
Hearsay evidence is prohibited in criminal trials. On the other hand, during departmental proceedings hearsay evidence can be taken into account in establishing the charge if there is corroborative material'.
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