Burden of Proof — KSLU Bsa Notes
Burden of Proof
The burden of proof is the obligation to prove a fact. The BSA distinguishes the burden of proof on the pleadings (which is fixed and never shifts) from the onus of adducing evidence (which shifts as evidence comes in).
| Rule | Section | Effect |
|---|---|---|
| Whoever wants the court to believe a fact must prove it | S.104 (← IEA S.101) | The general burden |
| Burden lies on the party who would fail if no evidence were given | S.105 (← IEA S.102) | Locates the burden |
| Burden of proving a particular fact is on the party who asserts it | S.106 (← IEA S.103) | Fact-specific |
| Facts especially within knowledge of a person | S.109 (← IEA S.106) | Burden on that person |
| Burden of proving an exception in a criminal case | — | On the accused |
In a criminal case the prosecution must prove guilt beyond reasonable doubt, and the accused’s mere denial casts no burden on him; but where a fact is especially within his knowledge (S.109) — e.g. how the deceased died in his sole company — the onus of explanation may shift to him.