The burden of proof refers to the responsibility of a party to establish the truth of the facts in dispute in a legal proceeding. The Indian Evidence Act, 1872, outlines the general principles regarding the burden of proof.
General Principle
Section 101 of the Indian Evidence Act states that the burden of proof lies on the party who asserts a proposition or makes an affirmative claim. The party who seeks to establish the existence or non-existence of a fact is responsible for proving it.
Civil Cases
In civil cases, the general rule is that the burden of proof rests on the party who asserts the affirmative of the issue. It means that the party making a claim or seeking relief must prove their case on the preponderance of probabilities.
Criminal Cases
In criminal cases, the prosecution bears the burden of proving the guilt of the accused beyond a reasonable doubt. The burden of proof remains on the prosecution throughout the trial, and the accused is presumed innocent until proven guilty.
Shifting of Burden
Under certain circumstances, the burden of proof may shift from one party to another. Section 102 of the Indian Evidence Act deals with situations where the burden of proof shifts.
- Burden of Proof on a Particular Fact: When a party has to prove a specific fact that is within their knowledge, the burden of proof lies on that party. For example, if a person claims to have lost a document, the burden of proving the loss rests on that person.
- Burden of Proof as to Existence of Relationship: In cases involving the existence of a relationship, such as marriage, parentage, or ownership, the burden of proof lies on the party who alleges the relationship.
- Burden of Proof as to Mental Capacity: When the mental capacity or sanity of a person is in question, the burden of proof lies on the party who alleges the absence or presence of such capacity.
Presumptions
The Indian Evidence Act also includes provisions for certain presumptions that affect the burden of proof. Presumptions can shift the burden of proof from one party to another.
- Presumption of Innocence: In criminal cases, the accused is presumed to be innocent until proven guilty. The burden is on the prosecution to prove the guilt of the accused beyond a reasonable doubt.
- Presumption of Legitimacy: There is a presumption of legitimacy when a child is born during the lawful wedlock. The burden is on the party disputing legitimacy to prove otherwise.
