Burden of Proof under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, the burden of proof refers to the responsibility placed on a party to prove a particular fact or proposition in a legal proceeding.

General Principle

The general principle regarding the burden of proof is stated in Section 101 of the Indian Evidence Act. It states that the burden of proof lies on the party who asserts the affirmative of the issue.

In other words, the burden rests on the party making a positive claim or allegation.

Shifting of the Burden of Proof

1. Initial Burden: The party who has the initial burden of proof must provide sufficient evidence to establish a prima facie case. This means presenting evidence that, if unrebutted, would be enough to prove the claim. Once this initial burden is discharged, the burden of proof shifts to the opposing party.
2. Shifting by Virtue of Statute: In certain situations, the burden of proof may be shifted by specific provisions of the law. For example, the Indian Evidence Act contains several sections that create presumptions, and once these presumptions are triggered, the burden shifts to the party against whom the presumption operates to rebut it.

Standard of Proof

The standard of proof required in civil and criminal cases differs:

1. Civil Cases: In civil cases, the standard of proof is usually on the preponderance of probabilities. It means that a fact is considered proven if it is more likely than not to be true.
2. Criminal Cases: In criminal cases, the standard of proof is higher and is referred to as “proof beyond a reasonable doubt.” It means that the prosecution must establish the guilt of the accused to such an extent that there is no reasonable doubt in the mind of the court regarding their guilt.

Presumptions

Presumptions can also affect the burden of proof. Certain provisions in the Indian Evidence Act create rebuttable presumptions that shift the burden of proof to the party against whom the presumption operates.

For example, Section 113-B creates a presumption of abetment in cases of dowry death.

Burden of Proof on the Accused

In criminal cases, the accused is generally presumed to be innocent until proven guilty. The burden of proof does not rest on the accused, and they are not required to prove their innocence. However, if the accused raises a defense or claims an exemption, the burden may shift to them to establish such defense or exemption.