Burden of proof as to particular fact
AI Assist
Summary
Whoever asks the court to accept a particular fact must prove that fact, unless some law specifically puts the burden on someone else. This applies to any particular fact a party relies on in a case. So if you want the court to believe an admission or an alibi, the party asserting it must produce the evidence.
Example
Ravi prosecutes Karan for theft and says Karan told Priya he stole the goods. Ravi must prove that admission. Karan says he was at work at the time and asks the court to accept his alibi; Karan must prove it.
Bare Act
Enacted textThe burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.
Illustration.
A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
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