On whom burden of proof lies
AI Assist
Summary
Burden of proof lies on the party who would lose if no evidence were given by either side. It applies in suits and proceedings where parties must prove their claims. Consequence: that party must produce the necessary evidence, otherwise they will fail on that issue.
Example
Ravi sues Karan for a plot of land that Karan is in possession of, claiming it was left to Ravi by Karan’s father in a will. If neither side offers any evidence, Karan would retain possession, so the burden of proof is on Ravi to prove the will.
Bare Act
Enacted textThe burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
Illustrations
- (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s father.
If no evidence were given on either side, B would be entitled to retain his possession.
Therefore the burden of proof is on A.
(b) A sues B for money due on a bond.
The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies.
If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved.
Therefore the burden of proof is on B.
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