Burden Of Proof Under The Indian Evidence Act, 1872


The Indian Evidence Act is one of the basic parts of the law system. The law of evidence is the most important law on which the dispute is based. Evidence is a statement or material that confirms a statement and allows the court to make an impartial decision. Verbal or documentary evidence must be presented to the court to confirm or reject the statements of both parties. The Rules of Evidence require interested parties to present the best evidence to support their claim without reasonable doubt. The law of the forum is called the law of the forum or Lex fori.

What is Burden of proof?

Liability of proof is a legal standard that requires a party to prove that a claim is valid or invalid based on the facts and evidence presented. The responsibility for proof generally rests with the claiming party, and in most cases the claimant is the party to whom the claim is valid and responsible for the proof. The concept of burden of proof is defined in Article 101 of the Evidence Act, and as a result, when a person is required to prove facts, the burden of proof rests with him. Chapter 7 of the law covers provisions that require proof. The term “bearing of evidence” is not defined in law, but the perpetrator’s basic principle is that the presumption of innocence lies with the accused unless otherwise proved.

Legal Example: People charged with a crime are presumed to be innocent. The prosecutor is responsible for proving his guilt. The accused does not need to prove anything. If the prosecutor does not comply with the burden, the accused’s presumption of innocence is valid. It is innocent until proven guilty. In general, it describes the criteria that a party seeking to prove facts must reach in order for that fact to be legally established. There are different criteria depending on the situation. In criminal cases, for example, the prosecutor is responsible for convicting the defendant and must prove this without reasonable doubt.

In civil cases, plaintiffs are responsible for evidence in their case along with most of the evidence. “Preference to evidence” and “absence of reasonable doubt” are on different criteria and require different amounts. The burden of proof is two separate but consistent concepts: the burden of production and the burden of persuasion. It is the responsibility of each party to prove allegations, prosecution or defence of any dispute. The burden of proof consists of two parts: the burden of production and the burden of persuasion. The burden of the case is the duty to present evidence to the judge or jury.

The burden of persuasion is, for example, the duty to persuade a judge or jury against certain criteria without a reasonable doubt, which is simply defined. This standard is only a point of measurement and is determined by examining the amount and quality of evidence presented. To “meet the burden of evidence” means that the parties have provided strong evidence to meet the criteria set forth in the burden of persuasion.

The responsibility of the evidence to prove the case, including all parts, is usually the plaintiff or prosecutor. Defendants are often required to prove their defence. The check factor determines whether a party has met the burden of proof in court. Indeed, the examiner will be a judge in a non-jury or trial. In criminal cases, the judge is the de facto juror because of his right to the sixth jury trial. Since the attorney is not a legal expert, the judge explains the burden of proof in the direction of the jury of the common cause of appeal.

Principle of burden of proof

The principle of proof-bearing is based on the concepts of onus probandi (proof-bearing) and probans factum (proof-of-fact). Even if the burden of proof does not change, responsibility shifts from one side to the other. The evidence needed is not clear. Jarnael Sen v. Punjab unless the prosecution provides satisfactory evidence to remove the burden, they cannot rely on the evidence presented by the accused to support their defence.[1]

The burden of proof in civil litigation

The burden of proof varies by case type. In civil litigation, the burden of proof of the plaintiff is called the existence of evidence. The benefits of evidence require that the plaintiffs provide a little more or slightly better evidence than the attorney. This ranges from 51% of complainants to 49% of respondents. If the evidence is a burden of evidence, the judge or jury must be convinced that the defendant is “most likely” to be held liable for the plaintiff’s damage.

The benefits of testing are relatively low standards, but plaintiffs still must provide more evidence than attorneys. If the plaintiff provides evidence of questionable quality, the judge or jury may decide that the burden of proof has not been met and that the plaintiff is defeated in the lawsuit. The burden of proof for the defendant to prove his or her defense in a civil case is also the most important evidence. For example, in a civil case discussed by OJ Simpson in Chapter 1 Introduction to the Criminal Code, OJ Simpson failed to prove alibi defense. The defendant does not always have to prove his or her defense in a civil case. If the plaintiff does not meet the burden of proof, the defendant wins without providing evidence.

Burden of proof in criminal case

Liability for evidence in criminal cases is the most difficult in law. There is no doubt that this is reasonable. The judge could not find a definition of this burden of proof. As Chief Justice Shaw mentioned almost 100 years ago. “Do you have any reasonable doubts?” It is a general concept that is understandable but not easy to define. This is not just a possible doubt. Because everything about human matters and dependence on moral evidence is open to possible or imaginable doubts. After thoroughly comparing and considering all the evidence, it is a situation where the jury leaves the jury in mind without being able to say that they are morally convinced of the truth of the statement. (Commonwealth v. Webster, 2010).

In general, prosecutors must overcome the prosecution’s presumption of innocence, which the constitution guarantees in legally correct procedure (In re Winship, 2010). This is consistent with the prosecution’s policy of punishing criminals who are not innocent people. If there is even the slightest potential for the accused to be innocent, the case may lack convincing and reliable evidence, and the evaluator must release the accused. When a defendant asserts his or her defense in a criminal prosecution, different countries have different responsibilities of proof (Findlaw.com, 2010). Each remedy has a different burden of evidence, which is detailed in Chapter 5, Part 1 of Criminal Defense and Chapter 6, Part 2 of Criminal Defense.

Some states require the defendant to follow a burden for what happens, but the prosecution must do this accordingly. When evidence prevails or in some areas, there is no reasonable doubt, you have to bear the burden of persuasion by refuting your defense. Other states require defendants to bear the burden of patience and persuasion. The defendant’s criterion in this area is generally the presence of evidence without reasonable doubt. The defendant does not always need to prove his or her defense in criminal prosecution. If the prosecution fails to meet the burden of evidence, the accused is not guilty without presenting evidence.

Initial Burden of Proof:

The principle remains that in a criminal case, the original burden of the defendant’s criminal decision rests on the prosecution. If the prosecution fails to reasonably undoubtedly prove that the accused is guilty, the accused may be found not guilty. If the burden of proof goes wrong, the Supreme Court says it will undermine the entire judiciary.  In this case, the landlord asks the tenant to be fired in good faith for personal needs. It is his responsibility to set this requirement Banwari Lal v. Road transport where the carrier lost his luggage, the burden of evidence is that there is no fault of his. The defensive version can also be false. However, the prosecution cannot, without a legitimate doubt, benefit in any way from the attorney’s falsehood or other deficiencies, unless the original burden of proof is met.  Triro v. Dev Raj, There was a delay in the first place beyond the statute, and the prosecutor was responsible for justifying the delay.

Example of a Failure to Meet the Burden of Proof:

Anne is being tried on charges of first-degree murder. The only significant evidence in Anne’s case is the murder weapon found in Anne’s office during the lawsuit. Prior to Anne’s case, the defendants offered to conceal evidence of the murder weapon because a search warrant for Anne’s case was signed by a drunk and mentally incompetent judge. The lawyers allowed these moves, and the judge ruled that weapons of murder were unacceptable in court. The prosecutor decides to continue anyway. Unless there is other convincing and reliable evidence of Anna’s guilt, Anna does not have to defend herself in this case. The prosecution cannot bear the burden of proof, and Ann is innocent.

Section 102

This section aims to identify the party responsible for attestation and the party to whom the attestation liability will fail if neither party provides evidence. The burden of proof is not a denial, but a burden of proof.  In the case of insanity or mental illness, the law assumes holiness until proven otherwise. Ram Raja Ram v. Dhruba Charan Jena, a party not claiming compensation pursuant to Article 118 of the Means of Bargaining Act, must provide evidence of its effectiveness.

Section 103

This section places the burden of evidence on parties who want the court to believe and act. The fact that the alleged facts are negative or positive does not affect these principles.

Section 104

In this section, when the admissibility of one fact is determined by the existence and admissibility of another fact, the party trying to prove it will rely on the fact that allows the latter.

Section 105

This section refers to the exceptions granted to defendants who take advantage of the “general waiver of the Criminal Code of India or Special Law”. The general principle requires courts to proceed from the accused’s innocence until proven otherwise, and the prosecution must prove the accused’s guilty. If conviction is convicted, responsibility will be transferred to the defendant who can defend the I.P.C.’s general waiver. Pratap v. Star U.P. The possibility that the defendant will result in death in self-defense is deemed appropriate even if he does not defend himself during the proceedings. Once again, the Supreme Court ruled that the burden of evidence that the case falls under one of the general exceptions can be removed by showing that the probability prevails. According to article 105 of the Evidence Act, the defendant accused him of self-defense, and in the absence of evidence, the court cannot rely on the correctness of the self-defense claim.

Section 106

Anyone who claims to know certain facts under this article is responsible for proving such facts. In this section, we use the term “particularly within the scope of information.” This means that obtaining this information also puts the burden of proof on the owner. One example is Eshwarai v. Karnataka a man and a woman were found in the bedroom of a man who died from extensive trauma, and the burden was on them to prove their existence. Since they were at the crime scene, they assumed that they would know of circumstances in which the death of an individual occurred, especially.

Approval burden:

A common trend followed by the Indian Evidence Act is to shift the burden of proof on those who support facts or statements. The same is true of the various provisions of the law. This means that if a person claims something, he can prove it. Such cases can be found in Articles 107-110. According to section 107, if a person who has lived in the past 30 years is considered to have been killed by someone else, the person confirming it must prove death. Similarly, a person who is considered dead after not listening for 7 years under article 108 must prove it to the person who confirms it. The situation is similar in Section 109, which deals with establishing relationships between partners, landlords, and key agents, and Section 110, which deals with claims. Anyone claiming this should prove it.

Various proof standards

The proof criterion refers to the obligation of the person responsible for proving the case. There are different standards of evidence depending on the situation. The three main criteria for evidence are the evidence that there is no reasonable doubt, the existence of the evidence, and clear and conclusive evidence.

Domination of evidence

This is the minimum criterion for proof. It is mainly used in civil litigation. This standard increases the likelihood that facts fit the statement of one of the parties. In a civil case, the plaintiff is responsible for proving that all legal elements were present in the case. The jury will review each piece of evidence to decide whether to replace the plaintiff or the defendant. Jury guidelines often state that jurors can use their own judgment to determine the credibility of each piece of evidence and how much weight each piece of evidence should be given.

The jury need not be completely convinced on one side. However, these burdens must be strong enough for evidence to draw against one side or the other for good and fair reasons.

This standard is primarily used in civil litigation but may be used in some aspects of criminal law. For example, if the defendant wants the court to conclude that he is not suitable for trial, the basis of evidence is to consider the evidence.

Clear and convincing evidence

This standard is a step forward from the proof standard. This standard requires evidence to identify the likelihood or high likelihood of the claim occurring. This standard can be applied to certain aspects of civil or criminal proceedings. Some states use this standard to determine whether a search is voluntary.

Reasonable unquestionable evidence

Evidence without a reasonable doubt belongs to the standards of evidence in criminal prosecution. The prosecutor must persuade the jury with evidence beyond reasonable suspicion for each part of the violation before the jury decides. Because human freedom is at stake, the highest level of proof is used. In particular, the US Supreme Court pointed out that convicting an innocent person is far worse than convicts. This certification standard is specifically mandated by the appropriate procedural provisions of the 5th Amendment to the US Constitution.

Evidence beyond reasonable suspicion does not mean that there is no doubt about the defendant’s guilt. The jury considers the defendant’s guilty or innocence and begins the process of believing that the defendant is innocent. Equally important in this standard is the burden of production and the burden of persuasion. Due to the procedural burden, the prosecutor must provide enough evidence to question the facts. If the prosecution does not meet the burden of the case, the judge may decide. The burden of persuasion requires the prosecution to convince the jury that everything is right.

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It should be clarified whether the burden of evidence should be properly extrapolated through criminal prosecution or civil proceedings. Before the jury chooses a jury, each party’s attorney participates in a process called voir dire. A process used to identify jury biases and to identify potential jurors who should not be included on the jury.

The plaintiff’s criminal attorney or attorney can discuss different standards of evidence. In criminal cases, a criminal attorney can explain the basis of the standard and the various functions that the standard performs, such as protecting an innocent person from conviction and ensuring the highest level of prosecution. In some criminal cases, there may be a defensive strategy that the prosecutors say did not relieve the burden.

In any case, the attorney may, because of the basis of evidence, show the reasons why the parties meet or fail to meet the burden of setting those criteria based on legal theory. Your attorney may also explain this information to your client to better understand the process.

Presumption as to Burden of Proof

Sections 111-114 set out some special conditions specifying which party is responsible for attestation. These provisions deviate from the doctrine of innocence until proven guilty. These calculated conditions violate the doctrine and pass the burden of proving innocence to the accused, not the accused proving guilty. The Extradition Evidence Act provides a number of examples.

Section 111A

Wait. Anyone accused of certain crimes under the Indian Criminal Code, such as conspiracy against the government in the area in question, is presumed guilty and must prove his or her innocence and be held accountable for evidence.

Article 112.

It is stated that if a child is married or born within 280 days, it can be considered a legitimate child of the father. This is a typical Smt. Ductar v. Mohd. Faruk, because it is up to the father to prove that the child does not belong to him or has the same obligations as the legitimate child.

Sections 113A and 113B

This makes assumptions about the man and his family from accusations of aggravated harassment, abuse, and death. The man and his family are responsible for proving innocence.

Article 114

This allows the courts to move away from some facts, so owning the stolen property makes that person a thief. Another example: when a person refuses to answer a question asked in court, it is assumed that he would be disadvantaged if he answered. Section 114 lists various other cases in which the court may adopt certain facts to remove the burden of proof. These assumptions violate the generally accepted principle of burden of proof. The responsibility for proof always rests with the party for which the estimate works.

The general principle of responsibility for proof is that whoever makes a special declaration must be responsible for proof. This is since a party who intends to legally settle a dispute to bring a lawsuit against another party must prove why the other party must go through this process. The Evidence Act of India allows courts to shift the burden of proof to the other side, which violates the above principles but only in some cases. In this case, the test threshold is also lowered.

On whom burden of proof lies

If one of the parties provides evidence, the loser is responsible for the evidence liability in case of a trial or lawsuit.

Picture of understanding -A sues B for land owned by B and A, and claims that A left at the request of B’s ​​father C. If neither party provides evidence, B has the right to retain ownership. Therefore, A bears the burden of proof. A sues B and pays the deposit. The bond has been liquidated, B says it is fraudulent, and A denies it. If neither party provides evidence, A wins because the bail is not questioned and the fraud has not been proven. Therefore, the burden of proof is on B.


Thus, the liability of proof means the obligation of the party making the claim to prove that the claim is true. This phrase is most commonly used in connection with criminal cases where the accused is considered innocent until proven guilty. The duty to prove the defendant’s guilt in a criminal case is state property. In civil court, the responsibility for proof rests with the plaintiff (the party claiming damages). Because the responsibility for proof rests with the claiming party, the party making the claim does not need to prove his innocence or prove that his position is correct. It is important to remember that the burden of proof is not about the amount of evidence presented. Rather, the quality of evidence presented is just as important as the amount of evidence presented.

[1] AIR 1996 SC 755

This article has been written by Aniruddha Mukherjee, BALLB student at National Law University Odisha.

Also Read – Burden of Prove in case of Defamation

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