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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.