Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Onus Probandi (Burden of Proof - Section 101 IEA / Section 104 BSA)
Evidentiary Rules & Proof Standards
Definition
The legal obligation placed upon a party who asserts the existence of any fact to prove that fact; it governs who will lose if no evidence at all were given on either side.
Example
A plaintiff sues for recovery of ₹10 lakh claiming they advanced a cash loan to the defendant; the onus probandi lies squarely on the plaintiff to establish the transaction, not on the defendant to prove they did not borrow money.