Under Sections 101–103 of the Indian Evidence Act, 1872, which of the following correctly describes the general rule of burden of proof?

Solution

Section 101 of the Indian Evidence Act, 1872 lays down the fundamental rule that whoever 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 the burden of proof lies on him. Section 102 further clarifies that the burden of proof in a suit or proceeding lies on the person who would fail if no evidence were given at all by either side. Section 103 provides that the burden of proof as to any particular fact lies on the 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 a particular person. In criminal trials, the golden thread running through English and Indian criminal law is that the prosecution must prove its case beyond reasonable doubt, and the accused is presumed innocent as affirmed by the Supreme Court in Woolmington v. DPP (1935) and followed in India. The burden of proof can shift during the course of proceedings, which is called the onus of proof, and this distinction between "burden of proof" and "onus of proof" is a frequently tested concept.