Evidence Law Notes for Evidence Law Notes

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Burden of proof on prosecution, defendant and plaintiff

Burden of proof on prosecution:

Section 25 of Evidence Act 2031 lays down that in criminal cases the prosecution must bear burden of proof to establish the guilt. He/she must prove it beyond the doubt. The accused need not prove anything on his/her part to show his/her innocence. He/she may remain silent throughout the trial and observe the case being proved against his/her on the strength of evidence. In case of any doubt and he/she is entitled to acquittal. This is general rule.

Burden of proof on the plaintiff:

Section 26 of Evidence Act 2031 states that in civil case burden of proof lies on the plaintiff to establish his/her claim. The court hears the defendant at the same party with plaintiff and adjudicates the case on balance of probability.

Burden of proof on the defendant:

Section 27 of the Evidence Act 2031 lays down that in criminal cases the defendant puts forwards his/her defense , if he/she chooses so, to show that he/she is innocent or he /she is not liable fully for the consequence of charge made against him/her. Therefore , he/she may plead self-defense , accident or provocation in order to immune himself/herself from punishment or mitigate it as per the merit of the case. If he/she does so the onus lies on him/her to prove it.

Similarly in civil cases the defendant must bear burden of proof if he/she wants the court to believe that the liability attached to him/her has already been partly or fully discharge in favor of the plaintiff. In other words it is know as adverse burden of proof.

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