Burden Of Proof - Definition - Law Dictionary Home Dictionary Definition burden-of-proof

Definition :

Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.

The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.

The phrase 'burden of proof' has not been defined in the Indian Evidence Act. This phrase has two distinct meanings. In the first sense it means the burden of establishing a case and in the second sense, the burden of introducing evidence. The essential distinction between these two is that the former never shifts and remains throughout the entire case, while the latter shifts from time to time as the case proceeds. There is material and essential difference between the standard or proof in civil and criminal cases. In a criminal case, the burden of proving the guilt of the accused beyond reasonable doubt is heavily cast on the prosecution; whereas the standard of proof in a civil case is preponderance of probabilities. In other words, in a civil case there is no burden cast on any party similar to the one in a criminal proceeding. The law does not ordinarily recognise the principle of giving the benefit of doubt to a party on whom the burden of proof lies. Where both parties have adduced evidence on the point in issue the burden of proof is of no moment, N.K. Moidinkunhi v. K.N. Abdulla, 1977 Cri LJ 665 (667) (Ker).

In s. 105 of the Evidence Act, the phrase 'burden of proving' is used in the sense of introducing such evidence as will overcome the presumption of the absence of circumstances bringing the case within exception, Gopal v. Crown, AIR 1950 HP 18.

The phrase 'burden of proof' has two meanings one the burden of proof as a matter of law and pleading and the other the burden of establishing a case; the former is fixed as a question of law on the basis of the pleadings and is unchanged during the entire trial, whereas the latter is not constant but shifts as soon as a party adduces sufficient evidence to raise a presumption in his favour. The evidence required to shift the burden need not necessarily be direct evidence, i.e. oral or documentary evidence or admissions made by opposite party; it may comprise circumstantial evidence or presumption of law or fact, Kundan Lal Rallaram v. Custodian Evacuee Property, AIR 1961 SC 1316 (1318). [Evidence Act (1 of 1872)]

Means a party's duty to prove a disputed assertion of charge. The burden of proof includes both the burden of persuasion and the burden of production, Black Law Dictionary, 7th Edn., p. 190.

Means the responsibility of producing sufficient evidence in support of a fact or issue and favourably persuading the trier of fact (as a judge or jury) regarding that fact or issue (the burden of proof is sometimes upon the defendant to show his incompetence, Webster's Dictionary of Law, Indian Edn. (2005), p. 61.