Understanding "Ei Incumbit Probatio Qui Dicit, Non Qui Negat" in Indian Law

 The Latin maxim ei incumbit probatio qui dicit, non qui negat, meaning "the burden of proof lies upon him who asserts, not upon him who denies," is a fundamental principle in legal systems around the world, including India. This principle is particularly significant in the context of the Indian legal framework, as it establishes the foundation for the burden of proof in both criminal and civil cases.

The Legal Framework

In India, the concept of burden of proof is codified in the Indian Evidence Act, 1872. Specifically, Section 101 states that "whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist." This means that the party making an assertion has the responsibility to provide evidence to support their claims.

 Key Sections:

- Section 101: Establishes who bears the burden of proof.

- Section 102: Clarifies that the onus of proof lies on the party who would fail if no further evidence is presented.

- Section 103: States that if an accused claims a general exception under the Indian Penal Code (IPC), they must prove the existence of such circumstances.

Application in Criminal Law

In criminal cases, this principle is crucial because it underlines the presumption of innocence. The prosecution carries the burden of proving the guilt of the accused beyond a reasonable doubt. The accused does not need to prove their innocence; rather, they are presumed innocent until proven guilty. This was affirmed in various landmark judgments, including Dr. Om Prakash Rawal vs. Mr. Justice Amrit Lal Bahri, where it was reiterated that the prosecution must substantiate its claims as per this maxim.

 Shifting Burden

While the initial burden rests with the prosecution, there are circumstances where this burden can shift to the accused. For instance, if an accused raises a defense based on specific exceptions provided under IPC, such as self-defense or unsoundness of mind, they must prove these claims. This is outlined in Section 105 of the Indian Evidence Act, which states that when an accused claims an exception, they bear the burden to prove it.

 Illustrative Case Law

Several cases have highlighted this principle:

- In Ram Gulam Chaudhary and Ors. v. State of Bihar (2001), it was held that while the prosecution must prove positive facts, it is not responsible for proving negative facts.

- The case of M/S G.D Engineering Works vs. Arvind Kumar reinforced that the burden lies with those who assert a fact rather than those who deny it.

 Conclusion

The maxim ei incumbit probatio qui dicit, non qui negat plays a pivotal role in ensuring justice within Indian law by safeguarding individuals against wrongful accusations and maintaining a fair trial process. By placing the burden on those who assert claims and upholding the presumption of innocence for defendants, this principle not only protects individual rights but also fosters public confidence in the judicial system.

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