Posted inIndian Evidence Act
A judgment of criminal court is relevant as per Sections 40 to 43 of the Indian Evidence Act in civil proceedings. There is no embargo on the civil court to place reliance upon it as a corroborative material, observed the Supreme Court in Satish Chander Ahuja v. Sneha Ahuja [(2020) 11 SCC 415].
A decision of the Criminal Court does not have the effect of binding nature on the proceedings before the Civil Court including the Motor Accident Claims Tribunal for the reason that the proof in both the Civil and Criminal cases are having two different categories of standards.
In criminal cases, guilt of the accused must be proved beyond reasonable doubt, while in civil cases, the rights of the parties or matter in issue shall be decided on preponderance of probabilities.
If a party to the case relies upon a decision of the criminal Court and insists the Civil Court to give credence to the said decision, it is incumbent upon the party to gather further materials in the case, which would support the observations and the decisions of the criminal Court.
The judgements adds that there is no embargo in referring to or relying on admissible evidence, be of a civil court or criminal court both in civil or criminal proceedings.
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