Definition and Legal Basis
Burden of proof refers to the obligation on a party to prove the facts it asserts in a legal proceeding. Under Section 101 of the Indian Evidence Act, 1872, the person who asserts a fact must prove it, except in cases where the law specifically presumes it to be true. Burden of proof ensures that courts are presented with sufficient evidence before deciding in favor of a party. In criminal cases, the burden primarily lies on the prosecution to prove the guilt of the accused beyond reasonable doubt, whereas in civil cases, the burden is on the plaintiff to establish the claim by preponderance of probabilities.
Types of Burden of Proof
- Legal Burden: The overall responsibility to prove the case, usually resting on the party who initiates the claim (Section 101).
- Evidential Burden: The duty to produce sufficient evidence on a point to make it relevant for consideration. It may shift during trial depending on evidence presented (Section 102).
- Burden Shifting: In certain cases, presumptions under law shift the burden to the other party to disprove the fact, e.g., Section 113B (dowry death) or Section 112 (legitimacy of child).
Judicial Approach and Significance
Burden of proof is crucial for fair trial and judicial efficiency. Courts examine whether a party has presented enough credible evidence to support its claim. In criminal law, failure of the prosecution to meet the burden of proof results in acquittal. In civil cases, the plaintiff loses if they fail to establish the claim to the court’s satisfaction. Sections 103–114 of the Evidence Act provide guidance on how burden shifts, presumptions operate, and exceptions apply, ensuring procedural fairness while protecting rights of both parties.
Real-Time Example
In a theft case, the prosecution alleges that the accused stole gold from a shop. Under Section 101, the burden lies on the prosecution to prove the fact with credible evidence, such as CCTV footage, eyewitness testimony, and recovery of stolen items. The accused can produce evidence to rebut these claims. If the prosecution fails to prove guilt beyond reasonable doubt, the court acquits the accused, demonstrating the practical application of burden of proof in criminal trials.
Mnemonic to Remember
Mnemonic: “B-U-R-D-E-N”
- B – Burden Lies on Asserter: Party asserting the fact must prove it.
- U – Unshifting Legal Burden: Legal burden primarily on plaintiff/prosecution.
- R – Rebuttal Possible: Evidential burden may shift to opposite party.
- D – Degree of Proof: Beyond reasonable doubt (criminal), preponderance (civil).
- E – Exceptions by Law: Presumptions shift burden (Sections 112, 113B).
- N – Necessary Evidence: Must produce sufficient proof to satisfy court.
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