Define
“Burden of Proof”? On whom burden of Proof lies, in both Civil and Criminal
Cases?
Ans: "Burden of proof" is defined under section 101 of
the Indian Evidence Act 1872, the burden of proof is called 'Onus probandi'. In
other words, the burden of proof is nothing but the introduction of evidence.
Where a dispute arises when a party claims for legal proceedings or claims
another party and another party denies it. Where a party wishes to pass
judgment in favor of its legal obligation to the court, the responsibility of
producing evidence in the court is called burden of proof. It plays a very
important role for the parties. Sections 101 to 105 provide for the rules,
which fix the burden of proof.
The phrase weight of proof is used in two meanings:
1. Burden of proving all facts dependent in support of the
case.
2. The burden of proving evidence at the beginning or at any
stage of the case.
Section 101: Proof of Bird: - Whatever court wishes to pass
judgment as to any legal right or obligation that it declares, in the presence
of them, it must be demonstrated that those facts exist. At the point when a
person will undoubtedly demonstrate the presence of any reality, it is said
that the weight of confirmation lies on that person.
Example- A 'begs that' B 'be punished for the crimes which'
B 'has committed. 'A' must prove that 'B' has committed crimes.
Examples: a) 'A' wants a court to decide that 'B' will be
quashed for violations that say 'A' is presented as 'B'.
A must prove that 'B' has committed the crimes.
B) A court is lured to decide that it is eligible for some
land owned by B due to the realities which it confirms, and which B denies is
true. The existence of those facts must be proved.
Section
102: On whom burden of proof lies:- T
Examples: - For money payable on bonds: A 'lawsuit' B '' B
'says that the bond obtained by fraud. The weight of proof is on 'B'.
Example:- A) A suit for the land occupied by B, and as A's property,
C, was left by the will of B's father.
On the off chance that no evidence has been provided from
either side, B will be eligible to retain his ownership. Hence the weight of
proof is on A.
A lawsuit for cash due on a bond b.
The execution of the bond is accepted, although B states
that it was obtained by extortion, which A denies. If no evidence was provided
from both sides. Bonds will not be questioned and extortion will not be
performed. Therefore, the weight of the proof is on B.
On
whom burden of proof lies
The burden of proof is on the party whose case would have
failed if no evidence was presented from either side. If A B sues to recover
damages for breach of contract and if either party does not produce evidence, A
will lose his case. Therefore, a lie is proved on A to prove that there is a
contract between him and B that B is broken. If B accepts the contracts, but
states that his consent was due to fraud and if neither party gives evidence,
then B's case will fail and hence, B is burdened to prove fraud.
Burden
of Proof in a Civil Lawsuit:-
When a person files a civil lawsuit against someone else,
the burden of proof rests on his shoulder. At this point when the meetings go
to court, they each have a chance to narrate their side of the story. If it was
needed, almost every case would end in a situation. A person who suffers loss
or damage is called a plaintiff, must have the right to sue in court and the
other party to whom he has caused harm or damage to property is called a
defendant or a defendant. The lawsuit in which the plaintiff must prove his
case in a civil law is different from the standard of proof required in a
criminal case. In a civil case it only needs to prove the facts. Which means it
is more likely that the defendant is not the act.
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