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Burden of Proof

/ˈbɜːrdən əv pruːf/

Evidence Law Term

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Definition

Obligation to prove an assertion. Falls on the party making the claim. Indian Evidence Act 1872.

Jurisdiction: International

Etymology

From the Indian Evidence Act, 1872, drafted by James Fitzjames Stephen. Terms trace to Latin evidentem ('obvious') and English common law evidentiary principles.

Examples

In a murder trial, the prosecution must prove beyond reasonable doubt that the accused committed the murder — the accused does not have to prove innocence.

In a dowry death case under Section 304B IPC, once the prosecution establishes the foundational facts, the presumption under Section 113B Evidence Act shifts the burden to the accused.

Case Study

In Shivaji Sahabrao Bobade v. State of Maharashtra (1973), the Supreme Court held that suspicion, however strong, cannot take the place of proof. The prosecution must prove each ingredient of the offence beyond reasonable doubt — the accused is entitled to the benefit of any genuine doubt.

Key Cases

Shivaji Sahabrao Bobade v. State of Maharashtra

1973

AIR 1973 SC 2622

Suspicion, however strong, cannot replace proof. Prosecution must prove every ingredient beyond reasonable doubt. Classic statement of the standard of proof in Indian criminal law.

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Also Known As

onus of proofonus probandi

Synonyms

legal termlegal conceptjudicial termlaw term

Antonyms / Opposites

presumption of guiltreverse burden

Related Terms

Indian Evidence Act 1872Section 101beyond reasonable doubtbalance of probabilitiespresumption of innocence

Dictionary Entry

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