The prosecution must prove every single fact in a criminal case, including facts only the accused would know or claim.

The general rule is that whoever asserts a fact must prove it. If the accused raises a specific claim (like an alibi), the accused bears the burden of proving that particular fact, while the prosecution still must prove the overall guilt beyond reasonable doubt.

This rule always decides who wins a case.

Courts treat this mainly as a rule about who must first bring evidence forward. Once evidence from both sides is on record, the court evaluates it all together to reach a decision.

Bharatiya Sakshya Adhiniyam, 2023

Section 106

Burden of proof as to particular fact

The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustration. A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.§

Why this exists

This is a foundational evidence-law rule inherited from the Indian Evidence Act, 1872 (Section 101), now re-enacted in the Bharatiya Sakshya Adhiniyam, 2023. It exists so that court cases do not turn into guesswork: since courts cannot independently investigate facts, the law needs a clear rule about who must bring evidence forward. The logic is practical - the person asserting a fact usually has better access to information or reason to know it, so fairness and efficiency require them to justify their claim rather than expecting the other side to disprove it.

How courts read it

Courts have consistently held that this is a general rule of convenience and logic, not a rigid technicality that decides cases on its own. It mainly matters at the start of a trial to decide who must lead evidence first; once both sides have presented evidence, the court weighs everything together rather than mechanically applying the burden. Courts have also clarified that this general rule yields to special statutory provisions (such as presumptions in specific laws) that shift the burden onto a particular party for particular facts.

Common misconceptions

Myth: The prosecution must prove every single fact in a criminal case, including facts only the accused would know or claim.
Fact: The general rule is that whoever asserts a fact must prove it. If the accused raises a specific claim (like an alibi), the accused bears the burden of proving that particular fact, while the prosecution still must prove the overall guilt beyond reasonable doubt.
Myth: This rule always decides who wins a case.
Fact: Courts treat this mainly as a rule about who must first bring evidence forward. Once evidence from both sides is on record, the court evaluates it all together to reach a decision.