Admissibility Of Privileged Communication In Legal Proceedings

Shivanshi Shukla, University of Petroleum and Energy Studies, Dehradun

Shreyansh Singh, University of Petroleum and Energy Studies, Dehradun

ABSTRACT:

Whether it is a criminal case or a civil lawsuit, evidence is essential to the administration of justice. The litigating parties present evidence in support of their claims or requests to prove or refute a fact, allowing the court to render a decision based on the evidence presented and the relevant facts and circumstances. Criminal and civil proceedings demand fundamentally different standards of proof. Preponderance of the evidence governs civil trials, whereas proof beyond a reasonable doubt must be provided in criminal cases, where the burden of proof rests entirely with the prosecution. Since both cases must be determined based on the evidence presented there, there is neither a statutory provision nor a legal principle that states that conclusions recorded in one procedure may be taken as final or binding in the other.

Depending on the circumstances, "evidence" can take many different shapes. It might be used to describe witness testimony that is accepted by the court or legally admissible testimony. Any incident or communication that a witness has witnessed, heard, or taken part in may serve as the basis for their testimony. However, in some communications or matters, the person cannot be compelled to divulge the specifics of the communication or subject matter. These exchanges are referred to as privileged communications. A privilege is a legal principle that shields communications between specific parties from being forced to be revealed in court. All communication between two people is protected, just like when they engage into a relationship that is acknowledged by the law. Due to the specifics of their connection, these conversations cannot be utilised as evidence against the parties involved in a legal proceeding.