Evidentiary Constraints In Proving Crime Through Factum Probandum And Factum Probans
- IJLLR Journal
- Dec 4, 2025
- 2 min read
Akashitara Nath, UILS, Chandigarh University, Punjab
Dr. Ravinderjeet Kaur, UILS, Chandigarh University, Punjab.
ABSTRACT
The accurate establishment of the factual occurrence of a crime, anchored in the evidentiary relationship between factum probandum (the fact to be proved) and factum probans (the evidence proving it), remains one of the most complex challenges in contemporary criminal adjudication. This research critically examines how courts navigate the evidentiary burdens required to demonstrate that a crime has indeed occurred, especially when direct evidence is weak, absent, or contested. Drawing from classical common-law doctrine, modern statutory frameworks, and evolving judicial interpretations, the study explores the jurisprudential foundations that shape the interplay between these two evidentiary components. It further analyses how investigative constraints, forensic limitations, and procedural gaps complicate the transformation of factum probans into a legally sufficient factum probandum.
The article employs a doctrinal methodology supplemented by case-based analysis to evaluate how Indian courts, particularly under emerging legal reforms, respond to evidentiary uncertainties in serious offences. It interrogates inconsistencies in judicial reasoning, the risks of wrongful convictions or acquittals, and the normative debate on whether existing evidentiary thresholds adequately safeguard fairness and accuracy in criminal trials. Comparative references to other common-law jurisdictions illuminate alternative evidentiary standards and their potential relevance to Indian doctrine.
Ultimately, the study argues for a calibrated evidentiary framework that clarifies the boundaries between inferential reasoning and factual proof, strengthens the admissibility and reliability of supporting evidence, and enhances judicial consistency in assessing whether the alleged crime has been sufficiently established. This re-evaluation is crucial for ensuring that criminal adjudication remains both just and epistemically sound.
Keywords: Factum probandum, Factum probans, Proof of Crime, Standard of proof, Circumstantial evidence, Digital evidence
