Burden of proof
AI Assist
Summary
If you ask a court to decide a legal right or liability that depends on facts you assert, you must prove those facts. The duty to prove is called the burden of proof and lies on the person who makes the assertion. If they fail to prove the facts, their claim or defence will fail.
Example
Priya sues Meera asking the court to declare that a plot now in Meera's possession belongs to Priya because Priya says she bought it. Meera denies the purchase. Priya must prove the purchase and ownership facts; if she cannot, the court will not give her the plot.
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.
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
- (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.
(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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