Evidence Law Notes for Evidence Law Notes

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Burden of proving specific fact

Section 28 of the Evidence Act 2031 says that if any law has laid down any such provision specifying that certain facts are to be proved by the certain party in the given situation, the same holds good if such situation does arise. Such as , in trafficking offence information given by the victim, the law has placed onus of proof on the accused to show that the information was untruth. In Narcotic Drugs case the person who is found in possession of such drug is presumed to be guilty the law has laid down that onus of proof lies on him/her to show his/her innocence. Similarly in corruption charge if a person is living at such standard , which is lawful income does not allow, the law has placed onus of proof on him/her to show that the property earned by him/her was through lawful means. In other cases the party making special plea must prove it on his/her own responsibility. Such as if any person pleads defense of alibi, he /she must prove it by himself/herself.

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