LIJDLR

BEYOND DOUBT, BUT NOT BEYOND REASON: REASSESSING THE PREPONDERANCE STANDARD

Aashi Bindal, SY. BALL.B, Vivekanand Education Society’s College of Law

The concept of Preponderance of Probability is a foundational standard of proof in Civil Jurisprudence. Unlike the stringent threshold of “beyond reasonable doubt” in Criminal trials, this standard emphasizes the greater likelihood of one version of events over the other. This article explores the historical emergence, doctrinal basis, statutory anchoring, and judicial interpretations of the preponderance standard in both Indian and comparative legal contexts. It discusses key elements such as the weighing of evidence, judicial discretion, and logical coherence, along with its diverse applications from Civil and Matrimonial Disputes to Departmental Enquiries, POSH cases, and exceptions within Criminal law. Through an analysis of leading case laws and statutory provisions, the article critically evaluates the strengths, criticisms, and future pathways for the doctrine. It concludes by recommending greater clarity, training, and technological integration to strengthen its utility in modern Civil litigation.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 689–710.
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