Section 101, Indian Evidence Act 1872

This laws clearly states that until and unless an exception is established by law, the burden of proof will
rest on the person who has asserted a fact or is making any claim. When a person has proven the
existence of a fact then the burden of proof belongs to such a fellow.

Jarnail and State of Punjab A I R 1996 SC 755 that in all criminal case, the responsibility of proving if
the accused had committed the crime beyond all reasonable doubt rests on the prosecution and if it fails
to establish concrete evidence to shed off the burden, it cannot depend on the evidence brought by the
accused on defense in the case. The prosecution does not rely on the evidence of the accused to convict
the defendant.

P.N. Krishna Lal and Ors. vs. Govt. of Kerala and Ors.

In criminal jurisprudence, the settled law is that the prosecution must prove all the ingredients of the
offences for which the accused has been charged with. The proof of guilt of the accused should be on
the prosecution and be beyond reasonable doubt.