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Example
Case laws
Statutory link
Exceptions / limits
Opposite / Related
Exam tip
Memory trick
Key takeaway
Ei incumbit probatio qui dicit, non qui negat
| Literal meaning | The proof lies on the one who asserts, not on the one who denies |
|---|---|
| Pronunciation | ay in-KUM-bit pro-BAH-tee-oh kwee DEE-kit non kwee NAY-gat |
The party that claims something must prove it. The other side need not prove a negative.
Example
A claims that B owes him money. B simply denies. It is A who must prove the debt.
Case laws
- Woolmington v. DPP (1935), House of Lords: in a murder trial the prosecution must prove the guilt of the accused. This is the golden thread of English criminal law.
Statutory link
Sections 101 and 102 of the Indian Evidence Act, 1872 (now in the Bharatiya Sakshya Adhiniyam).
Exceptions / limits
Where a fact is specially within the knowledge of one party, that party must prove it.
Exam tip
Asked as the base of the burden of proof.
Memory trick
Say it, prove it.
Key takeaway
The one who asserts a fact must prove it.
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