The accused or defendant always has to prove their innocence or defense.

Generally, the burden is on the person making the claim (like the prosecution in a crime or the plaintiff in a civil case), not on the person denying it, though specific exceptions exist elsewhere in law for certain defenses.

Burden of proof means you must prove something with absolute certainty.

The standard of proof varies â€” criminal cases require proof 'beyond reasonable doubt,' while civil cases require proof on a 'balance of probabilities.' Section 104 only establishes who carries this burden, not the exact standard.

Bharatiya Sakshya Adhiniyam, 2023

Section 104

Burden of proof

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, 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.§

Illustrations.§

(a) 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.§

(b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.§

Why this exists

This provision codifies a foundational principle of evidence law inherited from the Indian Evidence Act, 1872 (Section 101, now restated in the Bharatiya Sakshya Adhiniyam, 2023). The rule exists to ensure fairness in legal proceedings: whoever makes a claim must back it up with proof, rather than expecting the other side to disprove it. This protects individuals from being penalized or losing rights based on unsubstantiated allegations, and it gives structure to how courts allocate the responsibility of presenting evidence.

How courts read it

Indian courts have consistently held that the burden of proof lies on the person who asserts a fact essential to their case, and this burden does not shift merely because the opposing party denies the claim. Courts have clarified that this is a foundational rule of pleading and evidence, and in criminal cases, it underpins the presumption of innocence, requiring the prosecution to prove guilt beyond reasonable doubt rather than requiring the accused to prove innocence.

Common misconceptions

Myth: The accused or defendant always has to prove their innocence or defense.
Fact: Generally, the burden is on the person making the claim (like the prosecution in a crime or the plaintiff in a civil case), not on the person denying it, though specific exceptions exist elsewhere in law for certain defenses.
Myth: Burden of proof means you must prove something with absolute certainty.
Fact: The standard of proof varies â€” criminal cases require proof 'beyond reasonable doubt,' while civil cases require proof on a 'balance of probabilities.' Section 104 only establishes who carries this burden, not the exact standard.