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The party that is required to provide evidence is said to shoulder the burden of proof. Under the PoSH Act 2013, burden of proof is on plausibility of the survivors testimony and the analysis of the defence by the respondent
Related Articles:
- What does it mean to be the “right” external member?The "right" external member brings legal/HR expertise, impartiality, trauma-informed awareness & commitment to PoSH principles beyond tokenism.
- Glossary
- Who shoulders the burden of proof in a PoSH inquiry?Complainant establishes prima facie case; IC then impartially collects evidence. Standard: "preponderance of probability", not "beyond doubt".
- Approaching evidence in a PoSH inquiryICs collect evidence impartially: allowing cross-examination, considering circumstantial proof & assessing credibility without prejudice to either party.
- Evidence under the PoSH Act: What do I need to know?Evidence includes: Emails/texts, medical reports, witness accounts, CCTV & complainant's testimony. ICs evaluate balance of probabilities, not beyond doubt.