Onus probandi

The duty to prove a fact. The party who must prove a fact loses on that fact if they do not prove it to the court's satisfaction.

1. Legal burden: the duty to prove a case as a whole. It stays on the same party.
2. Evidential burden: the duty to bring some evidence on a point. It can shift between the parties.

Sections 101 to 104 of the Indian Evidence Act, 1872 (now in the Bharatiya Sakshya Adhiniyam) deal with the burden of proof.

The burden shifts to the accused in some cases by law, such as pleas of general exceptions and certain statutory presumptions.

Asked with the rule that the burden lies on the one who asserts.

Whoever alleges must prove.

The burden of proof is on the party who asserts a fact.