What are the of Burden of Proof? what is the natural of Burden of Proof on an accused 105 of evidence act?
The Indian Evidence Act does not define the term "burden of proof". However, in simple terms, burden of proof refers to the legal requirement or the responsibility of the parties to establish facts that would assist the court to decide in their favor. Hence, the duty of proving a fact in a trial is known as the burden of proof.
Under the Indian Evidence Act, 1872, sections 101 to 103 deal with the burden of proof in general, while sections 104 to 106 deal with the situation where the burden of proof is placed on a specific person. The concepts of onus probandi and factum probans comprise the underlying principles of the burden of proof. Onus probandi is a general rule that requires the person asserting the affirmative to prove. A person who maintains a positive attitude has an obligation.
factum probans and factum probundum
Order 6, Rule 2 of the Code of Civil Procedure, 1908, states that the pleading shall contain only material facts which should be set forth in brief. Evidence is a relative term which refers to the relation between two facts: the facts in dispute ( factum) probendum), or statement to be proved, and evidence fact (fact check), or material confirming a proposition. The former is inherently fictional; The latter is presented as fact to persuade the court that the former is likewise true.
*Section 102 of the Indian Evidence Act:
Who bears the burden of proof – In a suit or process, the person who fails if no evidence is produced on either side, bears the burden of proof.
* Section 103 of the Indian Evidence Act states:- The burden of proof of a particular fact lies on the person who asks the court to believe in its existence unless any law provides that the proof shall be The burden lies with a particular person.
* Section 104 of the Indian Evidence Act states that the burden of proof is on the person giving evidence to prove the facts which must be shown for the evidence to be admissible.
*Section 105 of the Indian Evidence Act
When an accused is charged with criminal conduct, the burden of proof lies on the accused to establish the circumstances giving rise to the charge under any general exception provided by the Indian Penal Code or any other special law .
Under this section, the duty of the prosecution is limited to establishing the guilt of the accused; Once this is established, the burden shifts to the accused, who has the advantage of relying on the common exceptions to the IPC or the Code of Criminal Procedure.
This is a unique feature that applies only in criminal proceedings. Consequently, as per section 105 of the Act, the burden of proof is on the accused to show that he knew about every incident. Additionally, it is known as reverse onus clause.
