The burden of proof lies on the person who asserts a fact exists — whoever is claiming something is true has to be the one to prove it, not the other side to disprove it.
- In civil cases the standard is "preponderance of probability" (more likely than not); in criminal cases the prosecution must prove guilt "beyond reasonable doubt" — a much higher bar.
This is why, in a criminal case, the accused doesn't have to prove innocence — the prosecution carries the full weight of proving guilt to a very high standard.
Keep exploring
Presumption of Legitimacy of a Child
Relevant background if legitimacy, inheritance, or paternity comes up in a family-law matter — the law starts from a strong presumption in favour of the marriage, not a blank slate.
Presumption as to Absence of Consent in Certain Rape Prosecutions
A meaningful protective mechanism for victims in the specific aggravated rape categories this applies to — it changes what the defence has to overcome, not just what the prosecution has to show.
This is a plain-English summary, not verbatim statutory text. Adhikar is an independent citizen-awareness platform, not a Government of India website. Always verify against the bare Act (legislative.gov.in) or a qualified advocate before relying on this for an actual legal situation.