Burden Of Proof

Burden of proof is to produce evidence to satisfy the court as to the existence or non existence of a fact. It may shift from one site to another subject to some rebuttable presumptio When a person is bound to proof the existence of a fact, it is said that the burden of proof lies on that person. Whoever desires any court to give the judgment as to any legal right dependant on the existence of fact must prove those fact Burden of proving a fact rests on party who affirms the fact.

 “A” desires a court to give judgment that “B” has committed crime “A” must prove “B’s” crime. Burden of proof lies on the person who would fail if no evidence at all was given by either sits. Burden of proof is on the party who asserts and not on the party who denies There are some circumstances where the burden of proof lies on the other party unlike the general rule and which are discussed as follow.

 Burden of proving particular facts are on the person who wishes the court to believe in its existence. A prosecutes B for theft and B wishes the court to believe that he was elsewhere.“B” must prove it When any fact is especially within the knowledge of any person, the burden of proving that fact is on him. “A” is charged with traveling without a ticket, the burden of proving the ticket is on him.

Where presumption exists the burden of proving shifts to the other person. The burden of proving death of a person alive within 30 years is on the person who affirms it. The burden of proving life of a person who affirms it Where a relationship exists as the partners, landlord and tenant, principal and agent, the person denying that relationship must prove it. A person is possession of property shall be presumed to be owner The burden to proving that he is not owner is on the person who affirms it.

 Where a transaction has been made by a person in relation of acting confidence to prove good faith of that transaction is on the party having active confidence. In criminal cases burden of proof lies on the prosecution and accused presumed to be innocent. In following circumstances the burden of proof shall be on the accused party.When a person’s case falls within any of general exceptions of Pakistan Penal Code, the burden of proof is on the accused.

When a person’s case falls within any of special exceptions of Pakistan Penal Code, the burden of proof is on the accused.When a person is exempted under any other law, the burden of proof to that exemption is on the person who claims that exemption.