Landmark judgment on burden of proof and onus of proof
What is called the burden of proof on the pleadings should not be confused with the burden of adducing evidence which is described as "shifting." The burden of proof on the pleadings never shifts, it always remains constant see Pickup v. Thames Insurance Co. (1878) 3 Q.B.D. 594.These two aspects of the burden of proof are embodied in Sections 101 and 102 respectively of the Indian Evidence Act. Section 101 states: 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.
26. When a person is bound to prove the existence of any "fact, it is said that the burden of proof lies on that person." Section 102 states: "The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side." This section shows that the initial burden of proving a prima facie case in his favour is cast on the plaintiff; when he gives such evidence as will support a prima facie case, the onus shifts on to the defendant to adduce rebutting evidence to meet the case made out by the plaintiff. As the case continues to develop the onus may shift back again to the plaintiff. It is not easy to decide at what particular stage in the course of the evidence the onus shifts from one side to the other. When, after the entire evidence is adduced, the tribunal feels it cannot make up its mind as to which of the versions is true, it will hold that the party on whom the burden lies has not discharged the burden; but if it has on the evidence no difficulty in arriving at a definite conclusion, then the burden of proof on the pleadings recedes into the background.
27. How the above rules relating to onus operate in a case is thus described by Lord Dunedin in Robins v. National Trust Co. Ld. (1927) A.C. 515, 520: "Their Lordships cannot help thinking that the appellant takes rather a wrong view of what is truly the function of the question of onus in such cases. Onus is always on a person who asserts a proposition or fact which is not self-evident. To assert that a man who is alive was born requires no proof. The onus is not on the person making the assertion, because it is self-evident that he had been born. But to assert that he was born on a certain date, if the date is material, requires proof; the onus is on the person making the assertion.Now, in conducting any inquiry, the determining tribunal, be it judge or jury, will often find that the onus is sometimes on the side of one contending party, sometimes on the side of the other, or as it is often expressed, that in certain circumstances the onus shifts. But onus as a determining factor of the whole case can only arise if the tribunal finds the evidence pro and con so evenly balanced that it can come to no such conclusion. Then the onus will determine the matter. But if the tribunal, after hearing and weighing the evidence, comes to a determinate conclusion, the onus has nothing to do with it, and need not be further considered."
BEFORE THE PRIVY COUNCIL
Decided On: 14.06.1949
Kumbham Lakshmanna and Ors. Vs. Tangirala Venkateswarlu and Ors.
Hon'ble Judges/Coram:
Porter, Mac Dermott, Madhavan Nair and John Beaumont, JJ.
Citation: AIR (36) 1 949 Privy Council 278
https://www.lawweb.in/2017/10/landmark-judgment-on-burden-of-proof.html
26. When a person is bound to prove the existence of any "fact, it is said that the burden of proof lies on that person." Section 102 states: "The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side." This section shows that the initial burden of proving a prima facie case in his favour is cast on the plaintiff; when he gives such evidence as will support a prima facie case, the onus shifts on to the defendant to adduce rebutting evidence to meet the case made out by the plaintiff. As the case continues to develop the onus may shift back again to the plaintiff. It is not easy to decide at what particular stage in the course of the evidence the onus shifts from one side to the other. When, after the entire evidence is adduced, the tribunal feels it cannot make up its mind as to which of the versions is true, it will hold that the party on whom the burden lies has not discharged the burden; but if it has on the evidence no difficulty in arriving at a definite conclusion, then the burden of proof on the pleadings recedes into the background.
27. How the above rules relating to onus operate in a case is thus described by Lord Dunedin in Robins v. National Trust Co. Ld. (1927) A.C. 515, 520: "Their Lordships cannot help thinking that the appellant takes rather a wrong view of what is truly the function of the question of onus in such cases. Onus is always on a person who asserts a proposition or fact which is not self-evident. To assert that a man who is alive was born requires no proof. The onus is not on the person making the assertion, because it is self-evident that he had been born. But to assert that he was born on a certain date, if the date is material, requires proof; the onus is on the person making the assertion.Now, in conducting any inquiry, the determining tribunal, be it judge or jury, will often find that the onus is sometimes on the side of one contending party, sometimes on the side of the other, or as it is often expressed, that in certain circumstances the onus shifts. But onus as a determining factor of the whole case can only arise if the tribunal finds the evidence pro and con so evenly balanced that it can come to no such conclusion. Then the onus will determine the matter. But if the tribunal, after hearing and weighing the evidence, comes to a determinate conclusion, the onus has nothing to do with it, and need not be further considered."
BEFORE THE PRIVY COUNCIL
Decided On: 14.06.1949
Kumbham Lakshmanna and Ors. Vs. Tangirala Venkateswarlu and Ors.
Hon'ble Judges/Coram:
Porter, Mac Dermott, Madhavan Nair and John Beaumont, JJ.
Citation: AIR (36) 1 949 Privy Council 278
https://www.lawweb.in/2017/10/landmark-judgment-on-burden-of-proof.html
