BURDEN OF PROOF IN SOCIO-ECONOMIC OFFENCES: A JUDICIAL

ANALYSIS
Law of evidence
Synopsis:
Burden of proof is an essential element for the justice system. While dealing with the aspect
of burden of proof, the quintessential part of the research will revolve around understanding
the principle of proportionality, as said by Fritz Fliener, ‘you should never use a cannon to
kill a sparrow’. Though the law of proportionality generally deals with the constitutional
aspects but the research project will try to understand it with the evidential perception. In this
case it is imperative to draw a comparative analysis as the application of burden of proof
directly impacts the fundamental rights of a person. Thus, it directly impacts society at large.
For the purpose of this doctrinal research, one must understand the concept of socio-
economic offence and how it impacts a democratic- developing country like India. There are
some fundamental questions that needs to be answered. The main questions that will be
answered through this research will be as follows
1. What is socio- economic offences in India?
2. What is the impact of socio- economic offences in India?
3. How is burden of proof plays key role in justice system?
4. How does Indian Evidence Act helps the person upon whom burden of proof is
bestowed?
5. What are the lacunas which are detrimental to the rights of person upon whom the
burden of proof lies?
6. Are these lacunas tackled with the new evidence law bill, namely THE BHARATIYA
SAKSHYA BILL, 2023?
These primary questions will be answered in the form of doctrinal research by reviewing the
following literature
Basic documents for the research-
1. The Bhartiya Sakshya Bill, 2023
2. Indian Evidence Act, 1872
3. Indian Penal Code, 1860
4. Bhartiya Nyaya Sanhita Bill, 2023
5. Shruti Bedi, “PROPORTIONALITY AND BURDEN OF PROOF:
CONSTITUTIONAL REVIEW IN INDIA” INDIAN J. CONST. L.
6. Eric L. Talley, “Law, Economics and Burden(s) of proof” Columbia Law school
Scholarship archive.
7. Ragini Negi, “Socio- Economic Offences” Law times journal 2019
8. 47th report of the Law Commission (Socio-economic offences) p.g 3