Define
“Burden of Proof”? On whom burden of Proof lies, in both Civil and Criminal
Cases?
Ans: The “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 introduction of evidence.
Where a dispute arises, when on party to legal proceeding asserts or claim
something and another party denies it. Where a party desires the Court to give
judgment in favor of his legal liability, the responsibility of producing the
evidence in Court is called burden of proof. It plays a very important role for
the parties. Section 101 to 105 provides for rules, which decide the burden of
proof.
The phrase burden of proof is used in two senses:
1. Burden
of Proving all the facts relied upon in support of the case.
2. Burden
of proving evidence in the beginning or at any stage of the case.
Section 101: Burden of Proof:- Whoever wants any
Court to give judgment as to any lawful right or obligation subject to the
presence of certainties which he declares, must demonstrate that those facts
exists.
At the point when an individual will undoubtedly
demonstrate the presence of any reality it is said that the weight of
confirmation lies on that individual.
Example-
‘A’ pleads that ‘B’ shall be punished for crimes, which ‘B’ has committed. ‘A’
must prove that ‘B’ has committed the crimes.
Illustrations:
a) 'A'
wants a Court to give judgment that 'B' will be rebuffed for violations which
'A' says 'B' has submitted.
A must prove that ‘B’ has committed
the crimes.
b) A
craving a Court to give judgment that he is qualified for certain land in the
ownership of B, by reason of actualities which he affirms, and which B denies,
to be true.
A must prove the existence of those
facts.
Section
102: On whom burden of proof lies:- The weight of
verification lies on that individual who might come up short if no proof is
given on either side. This rule is known as the he who file must prove rule.
Example:-
‘A’ sues ‘B’ for money due on a bond. ‘B’ says that bond obtained by fraud. The
burden of proof is on ‘B’.
Illustration:-
a) A
sues B for land of which B is in possession, and which as A assets, was left to
A by the will of C, B’s father.
On the off chance that no proof
were given on either side, B would be qualified for hold his ownership. Therefore
the burden of proof is on A.
A sues B for cash due on a bond.
The execution of the bond is
conceded, however B says that it was gotten by extortion, which A denies. If no
evidence were given on either side. A would prevail as the bond isn't
questioned and the extortion isn't demonstrated.
Therefore the burden of proof is on
B.
On
whom burden of proof lies
The burden of proof lies upon the party whose case
would fail if no evidence were given on either side. If A sues B to recover
damages for breach of contract and if neither party gives evidence, A would
lose his case. Therefore, burden lies upon A to prove that there was a contract
between him and B which B has broken. If B admits the contracts, but says that
his consent, was caused by fraud and if neither party gives evidence B’s case
would fail and therefore, burden lies upon B to prove the fraud.
Burden
of Proof in a Civil Lawsuit:-
When a person file a Civil Lawsuit against someone else
the burden of proof rest on his shoulder.
At the point when the gatherings go to Court, they each have a chance to
recount their side of the story. If that was needed, nearly every case would
end in a situation. The person who suffer the loss or damages is called the
plaintiff must have right to file a lawsuit in the Court and the other party
who he caused harm or damages the property is called defendant or respondent.
The standard to which the plaintiff must prove his
case in a civil lawsuit is different from the standard of proof required in a
criminal case. In a civil case it need only be prove fact. Which means that it
is more likely than not that the defendant action caused the plaintiff damages.
There are a few kinds of common cases that are viewed as increasingly genuine. This
case must be proven by clear and convincing evidence presented against the
defendant must have high probability of being true.
Burden
of Proof in a Criminal Cases:-
In a Criminal case, the accused person is by law
assumes innocent until the prosecution proves that he is guilty. The burden of
proof in a Criminal cases rest on the prosecution, with no requirement that the
defendant prove that he is innocent. The standard to which the prosecution must
prove the defendant guilt is much higher than in a civil case as the defendant
freedom is often at risk In a criminal issue, the arraignment must demonstrate
past a sensible uncertainty, that the respondent did the deed. There are some
few general exception to this rule in which a defendant can take action in
proving his innocence. If the defendant proves that he is not guilty by reason
of insanity, drunkenness the burden of proof rest on him that he was insane at
the time of the crimes.
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