The theory of “Burden of Proof” is important in the judicial proceedings. It decides which party in a legal matter dispute is answerable for proving the facts required to win the case.It explains the rules of burden of proof as figured in various sections of the Bharatiya Sakshya Adhiniyam, 2023(BSA) mainly telling that who carries the responsibility of proving particular facts in court.(Earlier under Section 101-114A of IEA)
What is the Burden of Proof?
The Bharatiya Sakshya Adhiniyam,2023(BSA) comprehensively addresses the concept of the Burden Of Proof, which is the responsibility to establish a claim in legal proceedings. This burden usually is upon the party asserting a fact rather than the one denying it, as based on the Latin maxim ‘eiincumbit qui delicit con qui negat.’ This legal principle is applied in both criminal and civil cases, and it is governed by various sections of the BSA, which can be categorized into two main types:
- the Burden Of Proof as a matter of substantive law or pleading (Section 104 of BSA) and
- the Onus Of Proof or Onus Probandi (Section 105 BSA).
Key Components
1.Matter of Substantive Law or Pleading (Section 104 of BSA)
It means that the party wanting a favorable judgment must prove the required facts to establish their case. In criminal cases, this initial burden is upon the prosecution, while in civil cases, it is upon the plaintiff to substantiate their claims.This initial burden does not shift throughout the course of the trial.
2. Onus of Proof or Onus Probandi (Section 105 of BSA)
It deals with the concept of the Onus Of Proof or Onus Probandi, which can shift during the course of a case. Initially, the plaintiff must establish a prima facie case, giving sufficient evidence to support their claim. Once the plaintiff does so, the burden shifts to the defendant to give rebutting evidence. This shift of onus can occur multiple times as the case develops, but it invariably starts with the party making the initial claim. Section 105 emphasizes on the fundamental principle that the burden of proving a fact lies with the party affirming it.
3. Particular Fact (Section 106 of BSA)
This section stipulates that the burden of proving a specific fact lies with the person who seeks the court’s belief in its existence. This is distinct from Section 104, which concerns the overall burden of proving the entire case.
4. Fact to Make Evidence Admissible (Section 107 of BSA)
It places the burden of proving any fact necessary to enable a person to present evidence of another fact on the party wishing to provide such evidence.
5. Accused Falls Within Exceptions (Section 108 of BSA)
In criminal cases, when an accused person’s defense depends upon exceptions under the Bharat Nyaya Sanhita,2023 or other laws, the burden of proving the existence of such circumstances lies on the accused. The court presumes the absence of such circumstances unless it is proven otherwise.
6. Fact Especially Within Knowledge (Section 109 of BSA)
When a fact is particularly within the knowledge of a specific person, that person suffers the burden of proving it.
7. Death of a Person (Section 110 of BSA)
In cases where it is in question whether a person is alive or dead, if it’s shown that the person was alive within the last 30 years, the burden of proving that person’s death lies upon the party asserting it.
8. Person Is Alive (Section 111 of BSA)
If a person has not been heard from for 7 years by those who would typically have heard of them if they were alive, the burden of proving that the person is still alive shifts to the party who is asserting their continued existence.
9. Relationship (Section 112 of BSA)
When it is questioned whether persons stand in specific relationships l-partners, landlord and tenant, or principal and agent, the burden of proving that they do not hold these relationships is on the party making such an assertion.
10. Ownership (Section 113 of BSA)
In cases where possession of an item is established, the burden of proving lies on the party claiming that the possessor is not the owner.
11. Good Faith in Transactions (Section 114 of BSA)
It deals with transactions involving parties in positions of active confidence. In cases where the good faith of a transaction is in question, the burden of proving such good faith lies on the party who is in the position of active confidence.
12. Certain Offences (Section 115 of BSA)
In certain disturbed areas, if a person is accused of committing particular offenses and that person was present at the crime scene, the law will presume their guilt unless proven otherwise.
13. Legitimacy of a Child (Section 116 of BSA)
This section talks about the legitimacy of a child born during marriage . It presumes legitimacy only if the child is born during a valid marriage or within 280 days after its dissolution of marriage ,provided the mother remains unmarried. This presumption is conclusive proof unless non-access between the parties is proven.
14. Abetment of Suicide (Section 117 of BSA)
It tells about a presumption relating to abetment of suicide, mainly in dowry cases. If a married woman dies by committing suicide within 7 years of marriage, and there’s evidence of cruelty or dowry by her husband or in-laws, the burden of proof lies to the accused to show that the suicide was not abetted.
15. Dowry Death (Section 118 of BSA)
In cases in which the death of a woman within 7 years of marriage due to cruelty or harassment for dowry, Section 118 of BSA presumes it to be a dowry death. The court presumes that the accused is responsible for dowry demands, shifting the burden of proof to the accused to demonstrate otherwise.
16. Existence of Certain Facts(Section 119 of BSA)
Courts may presume certain facts which are based upon common sense, human behavior, and business practices of a person unless there is evidence to the contrary.
17. Absence of Consent in for Rape (Section 120 of BSA)
It deals with the presumption of absence of consent in sexual assault cases. Under it is presumed a lack of consent of a woman when sexual intercourse is proven, and the victim says it was without her consent.The accused can contradict this by providing evidence.
Exceptions
- Shift in Burden: when an accused depends upon a legal exception, the burden of proof shifts to them to prove the exception applies.
- Special Knowledge: If a fact is within the special knowledge of one party, the burden lies upon that party and they must prove it.
- Legal Presumptions: The law sometimes presumes facts based on certain circumstances, the burden shifts to the other party to disprove them.
Examples
- If a person asserts that they were given land in a will and the other party refuses it, the burden of proof is on the claimant to prove the will’s existence and validity.
- If someone is accused of traveling without a ticket, they must prove they are having a ticket, as this fact comes within their special knowledge.
Why is This Important?
The burden of proof is pivotal because it tells who must give evidence in a legal dispute. It helps in providing fairness in the legal process by making it sure that claims are substantiated by evidence. It also safeguards the parties from having to disprove unsubstantiated claims.
The Bharatiya Sakshya Adhiniyam,2023(BSA) defines the rules related to the Burden Of Proof in various legal scenarios. From the initial burden under Section 104 of BSA to the shifting onus of proof in Section 105 and the specific rules highlighted in Sections 106 to 120 of BSA, this law forms the evidentiary standards and procedures in Indian jurisprudence, by making sure that fairness and justice in the legal system.
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