CONTENTS 1. INTRODUCTION: 2. MEANING OF BURDON OF PROOF: 3. ON WHOM IT FALLS: 4. BURDON OF PROOF IN CRIMINAL CASES : 5. EXCEPTIONS : 6.

BURDON OF PROOF IN CIVIL CASES : 7. BURDON OF PROVING FACT WITHIN KNOWLOEDGE: 8. BURDON OF PRONING DEATH OF APERSON KNOWN TO BE ALIVED: 9. BURDON OF PROVING A PERSON ALIVE : 10. BURDON OF PROOF AS TO REALATIONSHIPS: 11. BURDON OF PROOF AS TO OWNERSHIP : 12. BURDON OF PROOF AS TO GOOD FAITH : 13. MARRIAGE THE CONCLUSIVE PROOF OF LEGITAMACEY : 14. PRESUMPTION OF LAW AS TO BURDON OF PROOF 15. CONCLUSION:

INTRODUCTION: Qanoon-e-shadat order 1984 is a code of rules and laws which provides guidelines in the field of evidences, to the effect to finish ambiguity in cases and to bring the court at the right conclusion of justice. The object of Qanoon -e- shadat order is to provide structure, to the effect that any fact intended to be established has to be in accordance with scheme and rules of Qanoon-e-shadat, and if any argument which is based on plausibility and on mere presumptions would have no effect. Burdon of proof is also one of those rules which govern the procedure of taking evidence in judicial proceedings MEANING OF BURDON OF PROOF: Burden of Proof is the legal obligation on a party to prove the allegation made by him against another party. The burden of proof in a case lies with the plaintiff unless defendant counter with a factual claim based on the allegation, that is when categorical acceptance is made by the defendant and he is disputing a factual position In short it can be said that it is the duty if proving disputed facts, ON WHOM IT FALLS: 1. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. According to Article 117 Burdon of proof falls on that person who wants to acquire the judgment of court on any disputed right or liability. For instance A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. 2, According to Article 118, the Burdon of proof lies on that person who would fail if no evidence are given on either side. for example (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, Bs father. If no evidence were given on either side. B would be entitled to retain his possession. Therefore the burden of proof is on A.

3. Similarity if a person wants the court to believe any fact in existence, the Burdon of proof shall fall on that person. For example an accused desires the court to believe that he was in hospital at the time of commission of bank robbery, he has to prove his existence in hospital. (Article 119) 4. If a person desires to make his evidence admissible by establishing a fact, the Burdon of proof shall fall on that person. For example a) A wishes to prove a dying declaration by B. A must prove Bs death BURDON OF PROOF IN CRIMINAL CASES : It is the principle of natural justice that every should be deemed innocent unless proved guilty.. this principle put the Burdon of proof entirely on prosecution. Hence it is the duty of prosecution to prove the allegation beyond all reasonable doubt. According to UDHR, Article 11. ( 1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty According to ICCPR, Article 14 ( 2) Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. In criminal litigation, the burden of proof is always on the state. The state must prove that the defendant is guilty. The defendant is assumed to be innocent; the defendant needs to prove nothing. (There are exceptions. If the defendant wishes to claim that he/she is insane, and therefore not guilty, the defendant bears the burden of proving his/her insanity. Other exceptions include defendants who claim self-defense or duress.) EXCEPTIONS : According to the Article 121 when a person is accused of any offences and he desires to prove that the circumstances of such nature which render his act not an offence, then the Burdon of proof shall fall on him. Illustrations (a) A accused of murder, alleges that by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. (b) A, accused of murder, alleged that, by grave and sudden provocation, he was deprived of the power of self-control. The burden of proof is on A. BURDON OF PROOF IN CIVIL CASES : In civil litigation, the burden of proof is initially on the plaintiff. However, there are a number of technical situations in which the burden shifts to the

defendant. For example, when the plaintiff has made a prima facie case, the burden shifts to the defendant to refute or rebut the plaintiff's evidence

BURDON OF PROVING FACT WITHIN KNOWLOEDGE: When any fact is especially within the knowledge of any person, the burden to proving that fact is upon him. For example, (b) A is charged with traveling on a railway without a ticket. The burden of proving that he had a ticket is on him. (Article 122) BURDON OF PRONING DEATH OF APERSON KNOWN TO BE ALIVED: Subject to Article 124, when the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. ( Article 123) BURDON OF PROVING A PERSON ALIVE : When the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if had been alive, the burden of proving that he is alive is shifted to the person who affirms it. (Article 124) BURDON OF PROOF AS TO REALATIONSHIPS: The law presumes the existence of the relationship if two parties are acting as they have been tied in some sort of relation e.g. tenant landlord When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving that they do not stand, or have ceased to (Article 125) BURDON OF PROOF AS TO OWNERSHIP : The person who possess the property is presumed to be owner of the property. When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner. ( Article 126) BURDON OF PROOF AS TO GOOD FAITH : . When there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is

in a position of active confidence. Illustrations (a) The good faith of a sale by a client to an advocate is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the advocate.

MARRIAGE THE CONCLUSIVE PROOF OF LEGITAMACEY : The fact that a person is born during the continuance of a valid marriage is the conclusive proof of the legitimacy of birth. i.e. 1. a person is born after the 6 lunar month of marriage 2. a person is born after 2 years of he dissolution of marriage and mother remained unmarried, Unless and until (a) The husband had refused, or refuses, to own the child; or (b) The child was born after the expiration of six lunar months from The date or which the woman had accepted that the period of iddat had come to an end PRESUMPTION OF LAW AS TO BURDON OF PROOF According to Article 129, Court may presume existence of certain facts. The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course to natural events, human conduct and public and private business, in their relation to the facts of the particular case. Illustrations The Court may presume (a) that a man who is in possession of stolen good soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession; (b) . Presumption of truth is attached to registered document. (c) Evidence withheld by a party. Held: Inference can be drawn that such evidence should have adversely affected party with-holding evidence

CONCLUSION: It can be concluded in the end that Burdon of proof falls primary on the person who affirms the existence or non existence of a fact. It the legal obligation of the person to prove the at what he affirms or denies. In criminals cases it is upon the state to prove the guilt beyond all reasonable doubt while in civil cases there is no such strictness. Moreover the Burdon of proof continuously shift from defendant to plaintiff and plaintiff to defendant. The law also provides some presumption regarding the existence of certain fact such as when to person are acting in such manner as they are landlord and tenet, then the law presumes the existence of tenancy.