BURDEN OF PROOF

DEFINITION

Burden of proof may include the responsibility of evidence, which may be established and it's
a party's duty to prove or deny some fact, or it can decide which party carries the burden. For
court trials, the defendant is faced with the burden of proof, and will prove the prosecutor's
guilt before a jury can prosecute him or her. Yet the defendant is under some authority to
determine certain evidence, such as the claim of insanity, which contribute to a prosecution.
The complainant usually has the presumption of evidence in cases under criminal law, but the
defendant will be expected to appeal.

The burden of proof will also describe the burden of argument or the quantic evidence to
determine or deny the disputed matter of truth by the party with the burden of proof. The
prosecutors will show the guilt of the defendant Without Reasonable Doubt in court trials.

Under the laws of the Indian Evidence Act, 1872, the standard law on the duty of evidence
and the liability for it is created. Under Indian law, the duty of evidence rests on the
individual who creates or claims some statement unless an exemption is provided by law.

BURDEN OF PROOF UNDER THE INDIAN EVIDENCE ACT, 1872

Section 101 - Burden of proof

Everyone who needs a court to determine any civil right or responsibility that relies on the
nature of the evidence, must bear witness to the fact. When an individual is required to prove
that there is some evidence, it is said that this person has the presumption of proof.

Illustration - A want the court to rule that the property which by facts B claims and which B
denies are true, it is entitled to some land in B's possession. The burden of proof needs to be
accomplished.

Section 102 – On whom burden of proof lies

The burden of proof in a suit or case rests with him that would lose if there was no proof from
both sides.

Illustration - A sues B for the bond 's funds.

The bond execution has been allowed, but B claims that a crime or fraud, which A denies, has
been obtained. A would succeed if there were no evidence on either side, since the bond is
not disputed and the fraud is not demonstrated. The burden of evidence thus rests with B.

Section 103 - Burden of proof as to particular fact

The presumption of evidence of any specific truth lies with the person who wishes to trust in
the presence of the Case, unless any statute stipulates the evidence lies with someone.

Illustrations - A started Proceedings against B for theft and wants the court to believe that B
has admitted the theft to C. The entry must be illustrated. B requires the Court to conclude
that he was somewhere at the time in question. He's got to prove his point.

Section 106 - Burden of proving fact especially within knowledge

If some truth is in particular beyond a person's comprehension, it is up to him to explain the

reality or give the proof behind truth. If a person commits an act for a separate intention than
the character and circumstances of the act, it is important for him to show the intent.

Illustration - A is paid without a fare for riding on a train. It is his duty to show he has a
ticket.

REFERENCES

 Section 101 in The Indian Evidence Act, 1872, Indiankanoon.org (2020),

https://indiankanoon.org/doc/147127/ (last visited May 28, 2020).
 evidence, TheFreeDictionary.com (2020), https://legal-
dictionary.thefreedictionary.com/evidence (last visited May 28, 2020).
 Burden of Proof Under the Indian Evidence Act, 1872 - Litigation, Mediation &
Arbitration - India, Mondaq.com (2020), https://www.mondaq.com/india/court-
procedure/618426/burden-of-proof-under-the-indian-evidence-act-1872 (last visited
May 28, 2020).