Burden of Proof
The obligation placed on a party to prove a fact in issue � in criminal cases, on the prosecution; in civil cases, usually on the plaintiff.
Full Definition
The burden of proof determines who must establish a fact and to what standard. In criminal cases: the prosecution bears the burden of proving guilt beyond reasonable doubt. The accused need not prove innocence � they only need to raise a reasonable doubt. In civil cases: the burden is on the party who asserts a fact, to be proved on a balance of probabilities. The evidential burden (duty to adduce evidence) may shift during trial.
In Indian Law
Sections 101-114A of the Indian Evidence Act (Sections 102-115 BSA 2023) govern burden of proof. Section 101: 'Whoever desires any court to give judgment as to any legal right or liability dependent on existing facts must prove those facts exists.' Section 105: the burden of proving an exception (e.g., insanity, intoxication, consent) is on the accused. Section 114A IEA (Section 124 BSA): presumption of non-consent in rape cases � shifts burden to accused.
Landmark Cases
Woolmington v. DPP (1935) � Golden thread: presumption of innocence