Burden of Proof
Definition
The obligation to prove a fact or claim. In criminal law the prosecution typically bears the burden; in civil law the claimant usually does. The party that fails to discharge its burden on a contested issue loses on that issue.
- Definition
- The legal obligation to prove a fact or claim.
- Criminal law
- The prosecution bears the burden and must prove guilt.
- Civil law
- The claimant (plaintiff) usually bears the burden of proof.
- Core principle
- A party loses on any contested issue if it fails to meet its burden.
Common questions
Who has the burden of proof in criminal cases?+
In criminal law, the prosecution bears the burden of proof. If the prosecution fails to discharge this burden on a contested issue, the defendant wins on that issue.
What does it mean to discharge the burden of proof?+
Discharging the burden means presenting sufficient evidence to prove your claim. When a party fails to discharge its burden, it loses on that contested issue. The party with the burden must meet the required standard of proof.
Does the burden of proof differ between criminal and civil cases?+
Yes. In criminal law, the prosecution bears the burden. In civil cases, the claimant (the person bringing the case) typically bears the burden of proof. The standard of proof also differs: criminal cases require proof beyond a reasonable doubt, while civil cases typically require a lower standard.
Related terms
- Adversarial System
- A legal model in which two opposing parties (prosecution and defence, or claimant and defendant) present competing cases to a neutral decision-maker....
- Inquisitorial System
- A model of legal proceedings, common in civil-law countries such as France and Germany, in which the court takes an active role...
- Admission vs Confession
- Admission is a statement suggesting an inference about a fact in issue; confession is a direct acknowledgment of guilt. Sections 16 to...
- Beyond Reasonable Doubt
- The criminal standard of proof in adversarial jurisdictions including England and Wales, the United States, and India. The factfinder must be sure...
- BSA 2023
- Bharatiya Sakshya Adhiniyam 2023: the Indian evidence statute that replaced the Indian Evidence Act 1872 on 1 July 2024; retains the section...
- Duty to the Court
- The obligation of expert witnesses in UK proceedings (and, to varying degrees, in other jurisdictions) to assist the court with objective, unbiased...
- Electronic Record Certificate (Section 63 BSA)
- Statutory certificate required for admissibility of a copy of an electronic record; the successor to IEA Section 65B.
- Expert Opinion (Section 39 BSA)
- Opinion of a person specially skilled in foreign law, science, art, handwriting, finger impressions, footprints or electronic evidence. The successor to IEA...
- Fact-Finder
- The person or body whose job is to determine what the facts are: a jury in common-law criminal trials, a judge sitting...
- Hired Gun
- An expert who tailors opinions to advance the case of the party paying them rather than giving an independent assessment. The term...
- Primary vs Secondary Evidence
- Primary evidence is the original document; secondary evidence is a copy, oral account or summary. BSA Sections 57 to 60 govern the...
- Standard of Proof
- The level of certainty required to discharge the burden. Common criminal standard: beyond reasonable doubt. Common civil standard: balance of probabilities (more...
Explained in these topics
- Bharatiya Sakshya Adhiniyam 2023: Forensic Evidence in CourtThe obligation to prove a fact in issue. Sections 104 to 112 BSA, including presumptions and the shifting burden.
- Forensic Science and the Law: An IntroductionThe obligation to prove a fact or claim. In criminal law the prosecution typically bears the burden; in civil law the claimant usually does. The party that fai...
- The Adversarial System and the Scientist's Place in ItThe obligation to prove a case. In criminal proceedings, the burden falls on the prosecution. The defendant does not have to prove innocence.