Burden of Proof under Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Introduction The concept of Burden of Proof is a fundamental principle of evidence law. Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proof determines which party is legally bound to prove a fact in court. In criminal as well as civil cases, the success or failure of a case largely depends upon the proper discharge of this burden. The law relating to burden of proof ensures fairness in trials and prevents arbitrary convictions. What is Burden of Proof? In simple terms, burden of proof means the obligation to prove a fact. It lies on the party who asserts the existence of a fact. If a person makes an allegation, that person must prove it. If he fails to do so, the court will not accept the claim. There are two essential aspects: 1. Burden of proof as a matter of law 2. Burden of proof as a matter of fact (onus probandi) General Principle of Burden of Proof The basic rule is: “He who asserts must prove.” In criminal cases, the prosecution carries the burden to prove the guil...