Difference between burden of proof and onus of proof plays a crucial role in determining the responsibilities of the parties which are involved in presenting the supporting evidence to their claims, respectively.
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Difference between burden of proof and onus of proof can be seen in the Bharatiya Sakshya Adhiniyam, 2023 (BSA), i.e. Indian Evidence Act, 1872.
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| Difference Between Burden of Proof and Onus of Proof |
Difference Between Burden of Proof and Onus of Proof
Difference between burden of proof and onus of proof can be seen in the Bharatiya Sakshya Adhiniyam, 2023 (BSA), i.e. Indian Evidence Act, 1872. It is differentiated that the burden of proof requires the party to prove all the necessary facts and elements, whereas the onus of proof requires specific facts or assertions within the case that require evidential support.
Herewith, we have discussed the difference between burden of proof and onus of proof.
Burden of Proof
The meaning of burden of proof is defined in BSA under section 104 as “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 exists, and when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.”
For example, A comes to Court and desires a court to give punishment to B as A says in court B has committed a crime. Here, A must prove the crime committed by B.
Generally, the burden of proof refers to the responsibility placed on a party to prove certain facts that existed. In other words, it is the responsibility of the parties to provide sufficient evidence to convince the court to prove their claims.
The burden of proof typically falls on the party that asserts the affirmative of the issue. For example, in a civil suit, the burden of proof always lies on the plaintiff, while in a criminal proceeding, it lies on the prosecution.
The burden of proof has two distinct meanings;
- The burden of proof as a matter of law and pleadings
- The burden of proof as a matter of adducing evidence
Onus of Proof
The onus of proof is referred to as the burden of adducing evidence, presenting proof of specific facts alleged by a party. Unlike the burden of proof, which remains constant, the onus of proof can shift during the trial based on the evidence.
The onus of proof is dynamic and may shift from one party to another depending on the evidence presented during the trial. Initially, it lies on the party that would be unsuccessful if no evidence at all were given on either side.
It primarily involves the presentation of evidence to support specific assertions made by a party. This could include proving the authenticity of documents, establishing the credibility of witnesses or demonstrating the occurrence of certain events.
The onus of proof involves the presentation of evidence to support specific assertions made by either party. Generally, the onus of proof includes proving the authenticity of documents, establishing the credibility of a witness, and demonstrating the occurrence of certain facts.
Difference between burden of proof and onus of proof
| Burden of Proof | Onus of Proof |
| It is the responsibility of party to prove the entire case. | It is the responsibility of party to present evidence for specific facts or claims. |
| The scope of burden of proof relates to the entirety of the case. | The scope of onus of proof relates to specific facts or elements relating to the case. |
| The burden of proof always lies on the party who must prove essential facts of the case. | The onus of proof lies on the party who pertains specific facts or elements within the case. |
| The burden of proof never shifts and always remains with the plaintiff or prosecution. | The onus of proof shifts continuously as evidence is introduced. |
| It is substantive and determining who loses if no evidence is produced. | It is procedural and shifts constantly. |
| The law of burden of proof is codified in section 101 of Indian Evidence Act (Sec. 104 of BSA) | The law of onus of proof is not codified law. |
Landmark Judgments on Difference Between Burden of Proof and Onus of Proof
Abdulla Mohammad Pagarkar v/s State (Union Territory of Goa, Daman and Diu)
The Supreme Court observed the legal precedent of onus of proof as it is subject to shifting the course of evidence evaluation and shifts from one to another based on facts ascertained during the proceeding. Whereas the burden of proof is static and never shifts, it only lies on the plaintiff and the prosecution.
A. Raghavamma v/s A. Chechamma
In this case, the term "burden of proof" is interpreted in two different ways. Firstly, as a legal and procedural obligation and secondly, as the obligation of presenting evidence before the Court. It is well discussed under sections 101 and 102 of the Indian Evidence Act, 1872. The legal and procedural obligations remain consistent throughout the legal proceedings, but the latter is subject to certain changes based on the evidence presented before the Court of law.
Frequently Asked Questions
Is onus the same as the burden of proof?
What is another name for the onus of proof?
Who bears the onus of proof?
What is onus of proof?
What is difference between onus of proof and burden of proof
Conclusion
Difference between burden of proof and onus of proof plays a crucial role in determining the responsibilities of the parties which are involved in presenting the supporting evidence to their claims, respectively, in proceedings. The major difference between burden of proof and onus of proof is that the burden of proof lies on the party who has the responsibility to prove the entire case, i.e. plaintiff/prosecution. Whereas, the onus of proof shifts from one party to another party who presents evidence or makes a claim while proceedings are going on.