Rules of Evidence in Civil and Criminal Cases: Indian Law

A confession made to a police officer by an accused is not receivable in Evidence in a criminal trial but it may be proved in civil proceedings as an Admission. In Civil cases the fact that the character of any person concerned is such as to render probable or improbable conduct imputed to him is irrelevant except in so far as such character appears from facts otherwise relevant. In criminal proceedings, on the other hand, the fact that the person is of good character is relevant. The doctrine of estoppels applies to civil proceedings only. It has no bearing whatsoever on criminal proceedings. In civil cases, issues may be proved by preponderance of evidence, but in criminal case issues must be proved beyond reasonable doubt. The principle is based on the English principles of law that it is better than ten guilty men should escape rather than one innocent person should suffer. The provisions regarding confession, dying-declaration, character and competency of witnesses are more peculiar to criminal law than to civil law. In civil cases, the rule of evidence may be relaxed by the consent of the parties or by the order of the court. But such is not in criminal cases where the rules of evidence cannot be relaxed by the consent of the parties or by the order of the court. In civil cases, it is the duty of the parties to place their respective cases before the court as they deem fit. But in criminal cases, it is the duty of the court to record relevant evidence and to base its judgment upon such evidence. Rules regarding admissibility of Evidence are generally the same in civil and criminal proceedings. The probative effect of evidence in civil and criminal cases are not , however , always the same and it has been laid down that a fact may be regarded as proved for purposes of a civil suit, though the evidence may not be considered sufficient for a conviction in a criminal case. There is a strong and marked difference as to the effect of evidence in civil and criminal proceedings. ARPIT BATRA Advocate New Delhi, India arpit.batra@gmail.com