Evidence Act

M.A.T.Ganesan (Querist) 14 August 2008 This query is : Resolved
what is "burden of proof" & "onus of proof" ?

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Guest (Expert) 14 August 2008
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. Not much difference between onus of proof and burden of proof.

K.C.Suresh (Expert) 16 August 2008
Dear ganesh, As held in A. Raghavamma v. A. Chenchamma there is an essential distinction between burden of proof and onus of proof: burden of proof lies upon a person who has to prove the fact and which never shifts. Onus of proof shifts.
You may go through the judgement in Appeal (Civil) 2413 of 2006 decided on 02-05-2006.
The same judgement will be available in "Judiciary" of LCI which is posted today for general information.

KamalNayanSaxena (Expert) 16 August 2008
Rightly explained by Mr. Suresh. Such a shifting of onus is a continuous process in the evaluation of evidence.

SANJAY DIXIT (Expert) 30 August 2008
Yes, the initial onus is always on the plaintiff and if he dicharges that onus and makes out a case which entitles him to a relief, the onus shifts to the defendent to prove those circumstances , if any, which would disentitle the plaintiff to the same.

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