Evidence Synopsis

LAW OF EVIDENCE
Research Topic: BUREDEN OF PROOF
RESEARCH SYNOPSIS SUBMISSION
Submitted to: Submitted by:
Prof. Adwitiya Prakash Tiwari Rafia Shahbaz
School of law URN no.-2021-B-01082003
Sem: 6 Div: A
School of Law
 Title: Burden of proof
 Introduction: The word "proof" means that when a person says something and
believes it to be true, he must prove what he said. This is an important concept contained
in the Indian Evidence Act, 1872. VII of the Indian Evidence Act, 1872. Section explains
the concept of burden of proof. The existence of the truth he accepts must be proven by
the existence of the truth. When the responsibility of proving the existence of a fact rests
with one person, that person is asked to bear the burden of proof.
According to this article, if a person wants to obtain a judgment or decision from a court
or authority regarding some facts that he believes to be true and correct, he must prove
this. The burden of proving the above facts lies with each person.
 Literature Review: There are many literatures and books of authors which guides
about the Law of Evidence. Many authors such as CD Field as well Kant Mani have
precisely explained the relevancy of burden of proof and their admissibility. These kinds
of literature are wisely section wise written. However, there is a lack of a generalised
understanding of evidences apart from the codified law of evidence and thus the current
study focuses more onto the burden of proof aspects of the evidence.
 Research Methodology:. A study of the role of testimony in criminal cases,

including a comprehensive review of legal issues, academic literature, and theological
writings. This study uses a mixed methods approach, combining qualitative analysis of
court decisions with quantitative measures of decision-making and empirical results.
While observations and interviews with legal experts provide good information, case
studies provide limited detail. This study aims to better understand how evidence-based
actions are implemented in justice by triangulating various sources.
 Data Analysis: The research is based on primary data and includes brief interviews
with professors, faculty, staff, students, and the public about the impact of evidence to
develop a conceptual model that assigns different numbers to this impact. Secondary
sources used for this study include a brief survey of published research articles, ground
rules, books, journals and other research materials on national laws.
 Results: To meet the requirements of the Indian Evidence Act there has to be not only a
set of codified rules but also some inherent fundamental guiding principles in regards to
relevancy, admissibility, examination and proof of facts, which ultimately favours the
finer administration of justice.
 Discussion: The research focuses on understanding the basis or grounds of burden of
proof and that how a fact can be ascertained as relevant beyond the arena of evidence act.
That is to say, the research expects to come up with different vision towards the burden
of proof which will not be restricted up to the codified scope of the law but will move
towards its jurisprudential aspects and importance.. It also expects to list down the
present list of burden of proof that a judiciary system follows in order to determine the
relevancy and admissibility of facts for the administration of justice.
 Conclusion: Thus the researcher would like to say that burden of proof is a very
important facet of a case and it is one of those elements which cannot be overlooked or
neglected. Be the type of case the said concept will always come into play. Burden of
proof on an issue essential to culpability in an offence arguably provides the greatest
interference with the presumption of innocence, and its necessity requires the strongest
justification. It is true that there can be a big distinction between criminal and civil
penalties,but the fact is that burden of proof lies on the party no matter the nature of the
case is. The rule governing burden of proof is that whoever lays a claim must present
evidence or proof. This rule is subject to the principles that the burden of proof rests on
that party that either asserts or denies a claim. An accused be only presumed guilty based
on the facts established by the plaintiff to the court in accordance with the burden of
proof that rules the case.
 References:
Amrendra Kumar, “Burden of Proof”,
https://www.scribd.com/document/265033648/Burden-of-proof-docx
 Keywords:
Burden of proof , Relevant facts, codified laws, Indian Evidence Act, guiding principles,
facts, propositions, validity of facts, criminal laws, judiciary systems, grounds of relevance,
criteria for admissibility, importance of evidence.

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LAW OF EVIDENCE

Research Topic: BUREDEN OF PROOF

RESEARCH SYNOPSIS SUBMISSION

Submitted to: Submitted by:

Prof. Adwitiya Prakash Tiwari Rafia Shahbaz

School of law URN no.-2021-B-01082003

 Research Methodology:. A study of the role of testimony in criminal cases,

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