The burden of proof means the obligation to prove a fact. The strict meaning of the term burden of proof (onus probandi) is this, that if no evidence is given by the party on whom the burden is passed the issue must be found against him. The expression burden of really means two different things. It means: (1) sometimes that the party is required to prove an allegation before judgement is given in its favour; (2) It also means that on a contested issue one of the two contending parties has to introduce evidence. Section 101 of Evidence Act is stated in Burden of Proof, whoever desires any court to give judgement as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exit.
When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. In criminal cases it is accepted principle of criminal jurisprudence that burden of proof is always on prosecution. Section 101 of the evidence act, illustrates the burden of proof in the sense of proving a case. It lays down that whoever wants a court to give judgement in his favour as to any legal right or liability dependent on the existence of some facts, must prove the existence of those facts. The burden of proving a case remains throughout the entire case on the party on whom the pleadings originally place it.
Krishnan Assari Velayudhan Azari vs. Parameswaran Pillai Madhawan Pillai, a sub-mortgage was executed by mortgagee. It was alleged that mortgagor knew everything. The burden of proving the allegation is on the person who asserts it.
Doctrine of Reverse Burden: In a large number of statutes, the doctrine of reverse burden is applied. Except those cases where parliamentary statutes apply the doctrine of reverse burden, the courts should not employ the same which per se would not only be violative of article 12 of Universal Declaration of Human Rights (fair trial) but also the fundamental right of an accused envisaged under art. 21 of the constitution. Presumption of innocence is a human right. Such a legal principle cannot be thrown aside under any situation.
Burden of proof is of two kinds: (1) burden of proof on pleading;(2) burden of adducing evidence.
The burden that arises from the pleadings depends upon the facts asserted or denied and is determined by the rules of substantive and statutory law or by presumption of law and fact.
1.The Indian Evidence Act- Batuk Lal – Cental Law Agency
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