Law of Evidence - I

Synopsis
Submitted to: Saubhagya Bhadkaria
Submitted by: Akshay Sarjan
Roll no. 2017BALLB111
Topic- “Burdens of Proof”

Introduction

A duty placed upon a civil or criminal defendant to prove or disprove a disputed fact.

Burden of proof can define the duty placed upon a party to prove or disprove a disputed fact, or it
can define which party bears this burden. In criminal cases, the burden of proof is placed on the
prosecution, who must demonstrate that the defendant is guilty before a jury may convict him or
her. But in some jurisdiction, the defendant has the burden of establishing the existence of
certain facts that give rise to a defence, such as the insanity plea. In civil cases, the plaintiff is
normally charged with the burden of proof, but the defendant can be required to establish certain
defences.

Burden of proof can also define the burden of persuasion, or the quantum of proof by which the
party with the burden of proof must establish or refute a disputed factual issue. In criminal cases,
the prosecution must prove the defendant's guilt Beyond a Reasonable Doubt.

Statement of problem

Liability to prove Burden of Proof after filing a suit and in which circumstances, Burden of Proof
can be shifted on other party.

Aims and objectives:

Objective of the paper is to find out how res-judicata binds a pre-litigated matter to be re-
litigated and To study the nature and scope of Burden of Proof and look at its various aspects and
its practical applications.
Scope and Limitations:

Scope of the present paper is to conceptualise estoppel by res-judicata. While writing the paper
the biggest hurdle that the researcher had to face was of unavailability of views of scholars in the
form of articles.

Research Questions:

I have attempted to answer the following questions in the present paper:

 What is the meaning of legal burden of proof ?

 How is the principle of burden of proof applied in various legal circumstances?

Style of Writing:

This research work has largely descriptive style of writing.

Research Methodology:

Doctrinal research methodology has been used.

Sources of Data:

Primary sources in the form of law reports and secondary sources in the form of books have been
used to answer the various research questions and websites.