Understanding "Preponderance of Probability" under Bharatiya Sakshya Adhiniyam, 2023 – Key Insights
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M&HR Solutions Pvt Ltd
Jun 14, 2025, 4:05:49 AMJun 14
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Dear All,
PREPONDERANCE OF PROBABILITY
The Bharatiya Sakshya Adhiniyam, 2023 under Sec.2 (1) (h) (j) (j) "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”;
Cholan Roadways Ltd. v. G. Thirugnanasambandam, (2005) 3 SCC 241, the Supreme Court held that “It is now a well-settled principle of law that the principles of the Evidence Act have no application in a domestic enquiry”.
In this judgment, it implies the principle of Equity. Although, in criminal cases, there is very strict adherence to the provisions of the Evidence Act, here where, the Courts shall not go into quantum of punishment whatever the personal circumstances. Theft means theft, whatever the value of the items.
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The Bharatiya Sakshya Adhiniyam, 2023 under Sec.2 (1) (h) (j) (j) "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”;
Cholan Roadways Ltd. v. G. Thirugnanasambandam, (2005) 3 SCC 241, the Supreme Court held that “It is now a well-settled principle of law that the principles of the Evidence Act have no application in a domestic enquiry”.
In this judgment, it implies the principle of Equity. Although, in criminal cases, there is very strict adherence to the provisions of the Evidence Act, here where, the Courts shall not go into quantum of punishment whatever the personal circumstances. Theft means theft, whatever the value of the items.
👇For more details kindly click the below link:👇
https://www.mhrspl.com/hr-blog/preponderance-of-probability
🪀Follow HR Learning and Skill Building Academy WhatsApp Channel by clicking the below link🪀
https://whatsapp.com/channel/0029Va4vHVm1CYoX8FwvPZ1h
Ph: 8088433026, 8073067542
www.mhrspl.com
Your's sincerely
Mahadeva Swamy, M.A
Manager
M&HR Solutions Pvt. Ltd
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