Burden of proof as to particular fact
AI Assist
Summary
The person who asks the court to accept a particular fact bears the burden of proving it. It applies whenever a party asserts a specific fact in support of a claim or defence. Only a law can shift that burden to some other person. So the party relying on a fact must produce evidence for it.
Example
Ravi is accused of stealing from a shop and says he was somewhere else at the time. Because he wants the court to believe his alibi, Ravi must prove where he actually was.
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.
Illustrations
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(a) A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission.
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(b) B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
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