The burden of proof is one of the foundational pillars of the Law of Evidence. It determines who must prove what in a judicial proceeding. In any criminal or civil case, courts do not decide based on assumptions or allegations; instead, the party who makes a claim must present convincing evidence. The Indian Evidence Act, 1872, particularly Sections 101 to 114, codifies the rules relating to the burden of proof. Understanding these provisions is essential for law students, litigators, and anyone interested in the functioning of the justice system.
This essay explains the general rules, principles, statutory provisions, and judicial interpretations governing the burden of proof in India.
Meaning of Burden of Proof
The “burden of proof” refers to the obligation placed on a party to prove a fact or a set of facts, without which the court cannot grant relief. It comprises two important concepts:
1. Legal Burden (Persuasive Burden)
This is the constant obligation to prove the case, resting on the party who asserts a fact. If not discharged, the party fails in the case.
2. Evidential Burden
This refers to the duty to produce evidence sufficient to raise an issue in court. It may shift between parties as the trial progresses.
General Rules Relating to Burden of Proof under the Indian Evidence Act
1. Section 101 – Burden lies on the person who asserts a fact
This is the fundamental rule. If a person approaches the court and claims something, the responsibility to prove that claim rests on them.
Example: If ‘A’ alleges that ‘B’ breached a contract, ‘A’ must prove the breach.
Key principle:
“He who asserts must prove.”
2. Section 102 – Burden lies on the party who would fail if no evidence is given
The law asks: If both parties remain silent, who will lose?
That party carries the burden.
Example: In a suit for recovery of money, if the plaintiff produces no evidence, the suit fails. Hence, the burden lies on the plaintiff.
This rule helps identify the initial burden, which usually lies on the plaintiff/prosecution.
3. Section 103 – Burden of proof as to particular facts
Sometimes, a specific fact must be proved by the person who claims its existence.
Example: If a party alleges fraud, undue influence, coercion, or custom, they must prove it.
Courts do not assume such facts.
4. Section 104 – Burden to prove facts that validate admissibility
Before certain evidence can be admitted, foundational facts must be proved.
Example: For electronic evidence under Section 65B, a proper certificate must be produced.
Thus, the party relying on the evidence must satisfy the court about its admissibility.
5. Section 105 – Burden of proving exceptions in criminal law
In criminal trials, the prosecution must prove guilt beyond reasonable doubt. But if the accused claims any general or special exception under the IPC—like insanity, grave and sudden provocation, self-defence—the burden shifts to the accused.
However, the accused only needs to prove exceptions on a preponderance of probabilities, not beyond reasonable doubt.
This ensures fairness while maintaining the presumption of innocence.
6. Section 106 – Burden of proving facts especially within knowledge
If a fact is solely or specially known to a person, the burden is on that person to prove it.
Example: If an accused claims an alibi (that he was elsewhere), he must prove it.
This section prevents misuse of private knowledge to escape liability.
7. Section 107 & 108 – Burden regarding death or life of a person
- Section 107: If a person is shown to be alive within 30 years, the burden to prove death lies on the person alleging death.
- Section 108: If a person has not been heard from in 7 years, the law presumes death.
These rules help settle disputes concerning succession, insurance, and property.
8. Section 109 – Burden in agency and partnership relationships
When a relationship like partnership or agency is established, the burden lies on the person denying it to prove otherwise.
This simplifies commercial disputes.
9. Section 110 – Burden regarding ownership
Possession is presumed to reflect ownership unless proved otherwise.
Thus, the burden lies on the person who disputes the ownership of the possessor.
10. Section 111 – Burden in cases involving fiduciary relationships
In relationships based on trust—such as guardian-ward or trustee-beneficiary—the burden lies on the dominant party to prove that no undue influence was exercised.
This protects vulnerable individuals.
11. Section 112 – Birth during valid marriage
A child born during a valid marriage is presumed legitimate. Anyone challenging this presumption carries a heavy burden of proof.
DNA tests may be allowed in exceptional cases, as held in Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik.
12. Section 113 & 114 – Presumptions
Under these sections, the court may presume certain facts, such as:
- legitimacy of official acts,
- validity of documents,
- accomplice testimony requiring corroboration,
- presumption of dowry death (Section 113B).
Presumptions shift the evidential burden to the opposite party.
Burden of Proof in Criminal vs Civil Cases
Criminal Cases
- The burden remains on prosecution throughout.
- Standard: Beyond reasonable doubt.
- Accused enjoys presumption of innocence.
Civil Cases
- Burden may shift between parties.
- Standard: Preponderance of probabilities.
Judicial Approach
Indian courts emphasize fairness and justice in allocating burden. Courts discourage shifting burdens arbitrarily. Important cases include:
- State of Kerala v. P.K. Ramakrishnan – highlighted presumption of innocence.
- Shambhu Nath Mehra v. State of Ajmer – explained Section 106.
- Vidhyadhar v. Manikrao – clarified burden in civil disputes.
Mnemonic to Remember General Rules of Burden of Proof
Mnemonic: “AIM-PACT-POC”
Breakdown:
- A – Asserts must prove (Sec. 101)
- I – If silence → loser bears burden (Sec. 102)
- M – Material facts burden (Sec. 103)
- P – Preconditions for admissibility (Sec. 104)
- A – Accused proves exceptions (Sec. 105)
- C – Within special knowledge (Sec. 106)
- T – Thirty years life presumption (Sec. 107)
- P – Presumption of death after 7 yrs (Sec. 108)
- O – Ownership follows possession (Sec. 110)
- C – Child legitimacy presumption (Sec. 112)
AIM-PACT-POC helps you instantly recall the core principles from Sections 101 to 114.
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