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.