Burden of Proof
The obligation on a party to prove a fact in issue.
In Simple Terms
Whoever is making a claim generally has to be the one to prove it, not the other side.
Detailed Legal Meaning
The burden of proof generally lies on the party who asserts a fact, requiring them to adduce evidence sufficient to establish it; it may shift at various stages of a proceeding depending on the presumptions applicable and what has already been proved.
Relevant Acts & Sections
- Bharatiya Sakshya Adhiniyam, 2023Search on India Code ↗
- Indian Evidence Act, 1872 (predecessor provision)Search on India Code ↗