anupam_advocate (n/a) 29 February 2008

Burden of Proof

101. Burden of Proof - Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence to facts which he asserts, must prove that those facts exist.

When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Illustration

(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed.

A must prove that B has committed the crime.

(b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies to be true.

A must prove the existence of those facts.

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9 Replies

Prakash Yedhula (Lawyer) 02 March 2008

Burden of proof (Latin, onus probandi) is the obligation to prove allegations which are presented in a legal action. The Latin maxim necessitas probandi incumbit ei qui agit explains the rule that "the necessity of proof lies with he who complains." For example, a person has to prove that someone is guilty or not guilty (in a criminal case) or liable or not liable (in a civil case) depending on the allegations. More colloquially, burden of proof refers to an obligation in a particular context to defend a position against a prima facie other position.

SANJAY DIXIT (Advocate) 02 March 2008

Thanks for the information.

SANJAY DIXIT (Advocate) 02 March 2008

Thanks for the information.

anupam_advocate (n/a) 02 March 2008

thanx ......

Adv. Rishab (Law Student) 11 March 2008

ITS REALLY A VITAL INFO FOR ME AS A LAW STUDENT

MANIKANDAN (later) 21 March 2008

But for 498a and DV cases, it seems that the accused has to prove that the accusations are false and the complaintant has no obligations. Is it true

Guest (n/a) 27 March 2008

In 498A there is presumption against the accused but the concept of presumption is diffrent from Burden of Proof if we consider the two aspects technically, but factually these two aspects have overlapping element

Rajesh Kumar (Advocate) 28 March 2008

There is no such presumption in case of Domestic Violence Act or section 498A. Such presumption is there in case of dowry death.

Guest (n/a) 29 June 2008

8-A. BURDEN OF PROOF IN CERTAIN CASES.-Where any person is prosecuted for taking or abetting the taking of any dowry under Sec. 4, or the demanding of dowry under Sec. 4, the burden of proving that he has not committed an offence under those sections shall be on him.