Correct option is B
Sol. The correct answer is
(b) not proved. A fact that is neither established as true (proved) nor established as false (disproved) is referred to as "not proved" under the legal terminology in the
Indian Evidence Act, 1872. The legal burden of proof determines whether a fact can be considered proved, disproved, or not proved, based on the evidence presented.
Information Booster:
"Not Proved" is a specific term used in legal contexts, particularly under the
Indian Evidence Act, 1872, to indicate that the evidence presented in a case is insufficient to conclusively prove or disprove a fact. In simpler terms, the fact remains in a state of uncertainty, and the court cannot arrive at a definitive conclusion regarding its truth or falsity.
Relevant Provisions:
1.
Section 3 of the Indian Evidence Act, 1872 defines "proved," "disproved," and "not proved." According to the Act:
· A fact is
proved when the court believes it to exist, based on the evidence presented.
· A fact is
disproved when the court believes that it does not exist.
· A fact is
not proved when neither of the above applies, meaning the court cannot determine either its existence or non-existence based on the available evidence.
The determination of whether a fact is proved, disproved, or not proved has significant consequences for the outcome of legal cases, particularly in deciding the liability or innocence of parties.
Additional Knowledge:
1.
Proved (Option a): A fact is considered
proved when, after evaluating the evidence, the court is satisfied about the existence of the fact beyond a reasonable doubt (in criminal cases) or based on the balance of probabilities (in civil cases). This is a favorable situation for the party bearing the burden of proof, as it means the fact in question is accepted as true by the court.
2.
Disproved (Option c): A fact is deemed
disproved when the evidence presented convinces the court that the fact in question does not exist. In other words, disproving a fact involves presenting counter-evidence strong enough to persuade the court that the fact is false. For example, disproving an alibi in a criminal case would involve presenting evidence that shows the accused was at the crime scene rather than where they claimed to be.
