Being the root, Courts always use common law as a source to fulfill the gaps in the Indian Legal system. The same has been done in the case of unfairly prejudicial evidence against any accused. The courts are using the foreign tests to conclude the prejudice level of the evidence in the Indian system, completely ignoring the fact that the use of common law in the Indian system is itself prejudicial due to the presence of several differences in the same. The same has been highlighted in this paper taking into account the use of a balancing test to determine the probative values of evidence. Another pfenning test has also been analysed according to the Indian legal system, and a conclusion has been drawn on the suitability between these two tests.
