MEANING OF BURDEN OF PROOF AS PER INDIAN EVIDENCE ACT 1872

BURDEN OF PROOF AS PER INDIAN EVIDENCE ACT 1872

ALL YOU NEED TO KNOW

BURDEN OF PROOF

As per section 101. The burden of proof. – Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Illustrations

  • A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime.
  • A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.

ON WHOM BURDEN OF PROOF LIES

As per section 102. On whom the burden of proof lies. – The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.

Illustrations

(a) A sues B for the land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A.

(b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore the burden of proof is on B.

BURDEN OF PROOF AS TO PARTICULAR FACT.

As per section  103. The burden of proof as to particular fact. –The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence unless it is provided by any law that the proof of that fact shall lie on any particular person.

Illustrations

[(a)] A prosecutes B for theft and wishes the Court to believe that B admitted the theft to C. A must prove the admission.

(b) B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.

BURDEN OF PROVING FACT TO BE PROVED TO MAKE EVIDENCE ADMISSIBLE

As per section  104. Burden of proving fact to be proved to make evidence admissible. –– The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence.

Illustrations

(a) A wishes to prove a dying declaration by B. A must prove B’s death.

(b) A wishes to prove, by secondary evidence, the contents of a lost document.

A must prove that the document has been lost.

THE BURDEN OF PROVING THAT CASE OF THE ACCUSED COMES WITHIN EXCEPTIONS

As per section  105. The burden of proving that case of accused comes within exceptions. –– When a person is accused of any offense, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code (45 of 1860), or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offense, is upon him, and the Court shall presume the absence of such circumstances.

Illustrations

(a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A.

(b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the

power of self-control.  The burden of proof is on A.

(c) Section 325 of the Indian Penal Code (45 of 1860) provides that whoever, except in the case

provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments.

A is charged with voluntarily causing grievous hurt under section 325.

The burden of proving the circumstances bringing the case under section 335 lies on A.

BURDEN OF PROVING FACT ESPECIALLY WITHIN KNOWLEDGE

As per section  106. The burden of proving fact, especially within knowledge. –– When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Illustrations

(a) When a person does an act with some intention other than that which the character and

circumstances of the act suggest, the burden of proving that intention is upon him.

(b) A is charged with traveling on a railway without a ticket. The burden of proving that he had a

ticket is on him.

The burden of proving the death of a person known to have been alive within thirty years. ––

As per section  107. The burden of proving the death of a person known to have been alive within thirty years. –– When

the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.

The burden of proving that person is alive who has not been heard of for seven

years. ––

As per section  108. The burden of proving that person is alive who has not been heard of for seven years. ––

[Provided that when] the question is whether a man is alive or dead, and it is proved that he has

not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is  [shifted to] the person who affirms it.

  1. The burden of proof as to relationship in the cases of partners, landlord, and tenant, principal

and agent. –– When the question is whether persons are partners, landlord, and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to stand, to each other in those relationships respectively, is on the person who affirms it.

The burden of proof as to ownership. ––

As per section  110. The burden of proof as to ownership. –– When the question is whether any person is the owner of

anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.

Proof of good faith in transactions where one party is in relation to active confidence. ––

As per section  111. Proof of good faith in transactions where one party is in relation to active confidence. ––

Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence.

Illustrations

 (a) The good faith of a sale by a client to an attorney is in question in a suit brought by the client.

The burden of proving the good faith of the transaction is on the attorney.

 (b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by

the son. The burden of proving the good faith of the transaction is on the father.

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