Difference between "burden of proof" & "onus of proof" ?
Querist :
Anonymous
(Querist) 25 January 2022
This query is : Open
Can anyone tell me a judgement which explains what is the distinct difference between “burden of proof” and “onus of proof”?
Alternatively, it would be nice if it can be explained in two or three sentences in plain language.
G. ARAVINTHAN
(Expert) 25 January 2022
Burden of Proof - one party is initially presumed to be correct, while the other side bears the burden of producing evidence persuasive enough to establish the truth of facts needed to satisfy all the required legal elements of legal dispute.
The term ‘Onus of Proof’ is the burden to produce actual evidence that can be shift from one to another party and such shifting is the continuous process in the evolution of evidence.
kavksatyanarayana
(Expert) 25 January 2022
The ‘Burden of Proof’ is the burden to prove the main contention of the party requesting the action of the court, while the ‘Onus of Proof’ is the burden to produce actual evidence. The Burden of Proof is constant and is always upon the claimant but the Onus of Proof shifts to the other party as and when one party successfully produces evidence supporting its case.
Dr J C Vashista
(Expert) 26 January 2022
Onus of proof implies on the party to the lis claiming any thing / event / happening
Burden of proof shall lie on the party to lis to prove contrary to what a claimant has produced evidence.
What is the context of this examination ?
P. Venu
(Expert) 26 January 2022
What is the context for this query?
Querist :
Anonymous
(Querist) 26 January 2022
Just after reading the answers, a judgement related to this topic came to my notice. It states as follows:
By several judicial pronouncements, it has been clarified that a distinction exists between the "burden of proof" and "onus of proof".
The burden of proof lies upon a person who has to prove the fact for seeking the relief claimed. Thus, burden of proof is static for and on the person who wishes the Court to believe him and such responsibility never shifts on anybody-else.
Onus of proof is however not static and it can shift in the process of evaluation of evidence of the person who has the first responsibility of offering evidence for discharging the burden of proof and in the beginning, the onus of proof is also on him.
For the discharge of burden of proof, the onus is always on the person who claims a relief from the Court and if he discharges the onus and makes out a case entitling him to a relief claimed, the onus shifts to the one who contests such assertions by the claimant.
Dr J C Vashista
(Expert) 27 January 2022
@Anonymous,
Your query was a query or question paper to gauge knowledge of respondents / experts on this platform ?
Querist :
Anonymous
(Querist) 27 January 2022
Answering the information seeker’s query is what is expected from the experts in this “expert forum”, but not making snide comments or asking a wholly of questions in retort. It is not at all expected from anyone who has some respect for his knowledge or expertise. A query requires after all an answer, but not a question in return, to the hapless answer seeker.
P. Venu
(Expert) 28 January 2022
This platform is not just a question-answer, but meant for suggestions to real-time legal issues. You are yet to post the facts or context for this query.
Querist :
Anonymous
(Querist) 29 January 2022
Two persons have already answered the query, without any additional fact or details, with near clarity. If anyone else has any variant answer, please give. Or else kindly ignore or keep off the query, as others have done.
