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Abstract

Indian legal system is based upon the adversial system of courts where the judges act as neutral umpire and decide the issue by applying the law to the facts. Proviso 1 to section 165 Indian evidence act 1872 provides that, the judgement must be based upon facts declared by this act to be relevant and duly proved’’. Therefore, the facts upon which a judgement has to be based, must be relevant and duly proved. Relevancy is governed under section 6 to55 of the act. Phrase “duly proved”  means that a fact must be proved to the satisfaction of the court which involves three aspects, first who shall prove a fact, second what shall be the standard of proof and the last how to prove a fact. The standard of proof depends upon the nature of proceedings i.e. whether it is a civil or criminal proceeding.

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How to Cite
Yadav, A. (2019). Doctrine of Conclusiveness & Concept of Burden Of Proof- Its Scope and Application in India . European Journal of Business and Social Sciences, 7(4), 2692-2698. Retrieved from https://journals.eduindex.org/index.php/ejbss/article/view/6903