Assignment on

Bearden of Proof under the Evidence Act, 1872.

Course Title:Law of Evidence

Course Code: LLBH 317

PREPARED FOR PREPARED BY PREPARED BY

DR. MD. MAHIDI HASAN NAME: SADIA AFRIN
ASSISTANT PROFESSOR ID: 191011054
DEPARTMENT OF LAW DEPARTMENT OF LAW
GREEN UNIVERSITY OF BANGLADESH GREEN UNIVERSITY OF BANGLADESH

SUBMITION DATE:02/01/2022

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Table of Contents
PART---1 ...........................................................................................................................3
Introductory Issue .................................................................................................................... 3
1.1Introduction ...............................................................................................................................................3
1.2Objectives of the Study .............................................................................................................................3
1.3Methodology of the study .........................................................................................................................3
1.3Limitations of the study .............................................................................................................................3

PART---2 ...........................................................................................................................4
Burden of Proof ....................................................................................................................... 4
2.1Concept of Burden of Proof.......................................................................................................................4
2.2Principles of Burden of Proof ....................................................................................................................4

PART---3 ...........................................................................................................................5
CASES ...................................................................................................................................... 5
Conclusion: .............................................................................................................................. 5

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 PART---1

Introductory Issue

1.1Introduction
This article discuses OF THE BURDEN OF PROOF under the Evidence Act, 1872. “Burden” of
proof means– It means the obligation to give evidence proving fact in Issue.

1.2Objectives of the Study

This assignment has been conducted with the following objectives;
1. To develop an understanding OF THE BURDEN OF PROOF under the Evidence Act, 1872.
2. To analyze OF THE BURDEN OF PROOF under the Evidence Act, 1872.

1.3Methodology of the study

The methods and techniques of data collection are the key components in an assignment. The
method must be consistent with the objectives of the study that can cover the whole area of
interest. In this study only secondary data have been collected. Secondary data have been
collected from concerned books, journals, periodicals, other materials and teacher lectures.

1.3Limitations of the study

No assignment is free from certain limitations. Following are the limitations:
1. This study has been lead in a specific arena especially in books, journals, periodicals, other
materials, and teacher lectures.
2. This study has been able within a short time. For such a time constraint it is not possible to
collect detailed data and information on the issue in the current period in the world.

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 PART---2
Burden of Proof

2.1Concept of Burden of Proof

The concept of burden of proof is defined in Section 101 of the Law of Evidence Act, which
states that when a person is required to prove the existence of a fact, he bears the burden of
providing evidence for the same. The provisions concerning the burden of proof are
addressed in Chapter VII of the Act.
The term "burden of proof" is not defined in the Act, but it is a fundamental principle of
criminal law that the accused has the presumption of innocence until proven otherwise.

As an example, A wants the Court to convict B of theft. A bear the burden of providing
evidence to support his claim of theft because he made the claim.

2.2Principles of Burden of Proof

The principles Burden of Proof is based on the concepts of onus probandi (burden of proof)
and factum probans (proving a fact). While the burden of proof remains constant, the burden
of proof shifts from one party to the other. The facts that must be proven are those that are
not self-evident in nature.

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 PART---3

CASES
1.
Fact:
Mr. Sayem enter into a marriage with Madona. After 100 days of their marriage a child was
born that Sayem refused to recognize of his own. What shall be status of this case.
Decision:
Under the section 112 of the Evidence Act,1872 the status of this case Mr. Sayem would have
the burden to prove that the child is not his or would owe the same obligations as he would
to a legitimate child.
Reason:
The marriage is valid.
The child is born during the continuation of marriage.

2.
Fact:
Naznin gave 2 lac. take to her husband to purchase gold ornament. But instead of gold the
husband brough silver ornament and urged it to be gold. Naznin brought a suit. Upon whom
will the burden of proof lie? Discuss it with relevant section.
Decision:
Naznin`s husband will the burden of proof lie. Because she brought a suit against her husband.
Reason:
According to the section 111 of the Evidence Act,1872 an active confidence is imposed upon
a person in good faith is the relevant section of this fact.
The term "active confidence" means "the relationship between the parties must be such that
one is bound to protect the interests of the other." When one party imposes the duty of good
faith on another who is in a position of trust and confidence, a relationship of active
confidence exists between the contracting parties.
This type of relationship exists in situations such as father and son, advocate and client, doctor
and patient, husband and wife, and so on. The defendant's burden of proving good faith in
the transaction would be reduced.

Conclusion: The burden of proof is crucial to the success of a case. It is a legal requirement
to determine who is responsible for presenting evidence that proves or disproves a claim. It
also determines the amount of evidence required to achieve that goal.