Judicial Dictionary
| Title | Burden of proof |
|---|---|
| Details |
In most criminal matters, the burden of proof lies upon the prosecution to prove a charge against an offender, but in respect of spouse killing case, it has been established that the burden shifts upon the accused person. It is the responsibility of the accused to explain the cause for the death of his/her spouse if it is found that he or she died while in his/her custody or that they were staying jointly before the death. The High Court Division is of the view that with a view to giving legal safeguard in respect of such offences, sections 106 or 114 of the Evidence Act may be amended. Since the law is settled on the said issue, there is no reason for any amendment of the law. On the doctrine stare decisis if a decision has been followed for a long period of time, and has been acted upon by persons in the formation of contracts or in the disposition of their property, or in the general conduct of affairs, or in legal procedure or in other ways, will generally be followed by courts. This doctrine is explained in Corpus Juris Secundum: ‘Under the stare decisis rule, a principle of law which has become settled by a series of decisions generally is binding on the courts and should be followed on similar cases. This rule is based on expediency and public policy, and, although generally it should be strictly adhered to by the courts it is not universally applicable.’ So, there is no need for amendment to section 106 or 114 of the Evidence Act. .....Ministry of Law, Justice & Parl. Afrs. =VS= BLAST, (Civil), 2017 (2)– [3 LM (AD) 274] ....View Full Judgment
The law regarding burden of proof is envisaged in section 101 of the
Evidence Act that the burden of proof lies on the party who substantially
asserts the affirmative of the issue. In a criminal trial, the burden of
proving the guilt of the accused beyond all reasonable doubt always rests
on the prosecution and on its failure, it cannot fall back upon the
evidence adduced by the accused in support of his defence to rest its case
solely thereon. In criminal case it is for the prosecution to bring the
guilt home to the accused. The fundamental and basic presumption in the
administration of criminal law and justice delivery system is the innocence
of the alleged accused and till the charges are proved beyond reasonable
doubt on the basis of clear, cogent credible or unimpeachable evidence.
Where the accused raises the plea of alibi, burden lies on him to
substantiate that fact at least to the extent of a reasonable probability.
Even if the evidence produced is capable of creating a doubt, he is
entitled to benefit of doubt. (14 MLR (HCD) (2009) 412)
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