Obligations of Parties in Proving Facts Before Courts: An Analysis

  • Dr. J. James Jayapaul
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  • Dr. J. James Jayapaul

    Principal (FAC)/ Associate Professor at Government Law College , Ramanathapuram, India

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The main objective of a litigant is to won a case. For that the parties has to prove their side beyond reasonable doubt . The two main concepts followed are Onus Probandi , which means the party who ascertains a fact has to prove it. Another concept is Factum Probans which means the exact evidence that has to be brought for proving the case. After bring these two concepts alive , the parties has to make the court admissible of their side evidence. The fact which was ascertained by a particular party has to be proved by him. The duty to establish a fact lies on the plaintiff or defendant in civil suits and the prosecution or accused in the criminal cases. The parties in the proceedings have to follow the prescribed sections in the Indian evidence act , 1872 . Previously burden of proof deals in sections from 101 to 114 A. In the new amended Bharatiya Sakshya Bill , 2023 , it comes under sections 104 to 120. I have discussed in this article about the mode of proving the case and the difficulties in the procedures of proving.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 2507 - 2511

DOI: https://doij.org/10.10000/IJLMH.117737

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