Question

In civil cases Indian Evidence Act bestows burden of proof on

• A. The Petitioner
• B. The respondents
• C. The state government
• D. The Court

Hint:

Remember the two types of burden of proof: 1. The legal burden (or burden on the pleadings), which is fixed and lies on the party who would fail if no evidence were given on either side (usually the plaintiff/petitioner). 2. The evidential burden, which shifts during the trial from one party to another.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks on whom the initial burden of proof lies in a civil case according to the Indian Evidence Act. The "burden of proof" is the duty to prove a fact.

Step 2: Key Legal Provision:
Section 101 of the Indian Evidence Act, 1872, deals with the "Burden of proof." It states: "Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person."

Step 3: Detailed Explanation:
This principle is often expressed by the Latin maxim onus probandi, which means the burden of proof is on the person who alleges, not on the person who denies. In a civil case, the person who initiates the lawsuit is the Plaintiff or the Petitioner. They are the ones who desire the court to give a judgment in their favor based on certain facts they assert in their plaint or petition. Therefore, the initial burden of proof lies on them to establish their case.
The burden of proof may shift to the other party (the Defendant or the Respondent) during the trial, as per Section 102, but the fundamental burden to prove the case as a whole always rests with the person who brought the action. - The state government would have the burden of proof in criminal cases (to prove guilt beyond a reasonable doubt), but not typically in a civil case between private parties. - The Court does not have a burden of proof; its role is to adjudicate based on the evidence presented.

Step 4: Final Answer:
In civil cases, the Indian Evidence Act bestows the initial burden of proof on the Petitioner (or Plaintiff).