Standard of Proof in Civil & Criminal Cases

Standard of proof in case of Civil cases is on the basis of by preponderance of probability whereas in the case of criminal cases it is based on proof beyond reasonable doubt which is a higher standard.

The Supreme Court in a recent case of GOVERNMENT OF GOA THROUGH THE CHIEF SECRETARY versus MARIA JULIETA D’SOUZA (D) & ORS (Civil Appeal 722 OF 2016) has reiterated that the standard of proof in civil cases is by preponderance of probability .

The relevant part of the aforesaid judgment has been reproduced below:-

“8. On law, the position is as follows. There is a clear distinction between burden of proof and standard of proof. This distinction is well-known to civil as well as criminal practitioners in common law jurisprudence. What Ms. Ruchira sought to point out is that the documents relied on by the plaintiff did not point out the existence of title at all. She is right to the extent that no single document in itself concludes title in favour of the plaintiff, but this is not an issue of burden of proof. This is a matter relating to the sufficiency of evidence. While inquiring into whether a fact is proved3, the sufficiency of evidence is to be seen in the context of standard of proof, which in civil cases is by preponderance of probability. By this test, the High Court has correctly arrived at its conclusion regarding the existence of title in favour of the plaintiff on the basis of the evidence adduced.”

The concepts of preponderance of probability and proof beyond reasonable doubt have been explained by the Hon’ble Supreme Court in the case titled Narayan Ganesh Dastane vs. Sucheta Narayan Dastane.

The relevant part of the aforesaid judgment has been reproduced below:-

“24. The normal rule which governs civil proceedings is that a fact can be said to be established if it is proved by a preponderance of probabilities. This is for the reason that under the Evidence Act, Section 3, a fact is said to be proved when 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. The belief regarding the existence of a fact may thus be founded on a balance of probabilities. A. prudent man faced with conflicting probabilities concerning a fact-situation will act on the supposition that the fact exists, if on weighing the various probabilities he links that the preponderance is in favour of the existence of the particular fact. As a prudent man, so the court applies this test for finding whether a fact in issue can be said to be proved. The first step in this process is to fix the probabilities, the second to weigh them, though the two may often intermingle. The impossible is weeded out at the first stage, the improbable at the second. Within the wide range of probabilities the court has often a difficult choice to make but it is this choice which ultimately determines where the preponderance of probabilities lies. Important issues like those which affect the status of parties demand a closer scrutiny than those like the loan on a promissory note : “the nature and gravity of an issue necessarily determines the manner of attaining reasonable satisfaction of the truth of the issue” Per Dixon, J. in Wright v. Wright (1948) 77 C.L.R. 191 at p. 210; or as said by Lord Denning, “the degree of probability depends on the subject-matter. In proportion as the offence is grave, so ought the proof to be clear” Blyth v. Blyth [1966] 1 A.E.R. 534 at 536. But whether the issue is one of cruelty or of a loan on a pronote, the test to apply is whether on a preponderance of probabilities the relevant fact is proved. In civil cases this, normally, is the standard of proof to apply for finding whether the burden of proof is discharged.

25. Proof beyond reasonable doubt is proof by a higher standard which generally governs criminal trials or trials involving inquiry into issues of a quasi-criminal nature. A criminal trial involves the liberty of the subject which may not be taken away on a mere preponderance of probabilities. If the probabilities are so nicely balanced that a reasonable, not a vascillating, mind cannot find where the preponderance lies, a doubt arises regarding the existence of the fact to be proved and the benefit of such reasonable doubt goes to the accused. It is wrong to import such considerations in trials of a purely civil nature.”

That from the above it can be clearly seen that the standard of proof required in criminal cases is higher than the standard of proof required in civil cases. For example, if a person is held to be liable in civil proceedings to pay compensation to another person for damages on account of negligence on his part, it does not automatically mean that the person would also be liable in criminal proceedings for negligence as the standard of proof is higher in criminal cases which has to be discharged by the prosecution before any criminal liability can be established.