Burden of proof
AI Assist
Summary
A person who asks a court to decide a legal right or liability that depends on certain facts must prove those facts. The duty to prove a fact is called the burden of proof and lies on the party who asserts it. If they fail to prove the facts, the court will not grant the remedy they seek.
Example
Priya sues Karan for possession of a plot that Karan occupies, claiming she bought it earlier. Karan denies the purchase, so Priya must produce the sale deed and other evidence to prove her title. If she cannot prove those facts, the court will not award her the land.
Bare Act
Enacted textWhoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist, and when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
Illustrations.
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(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime.
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(b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.
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