Burden of Proof in Indian Evidence Act | Civil vs Criminal Cases

Who has to prove a claim in court? What is the difference between the standard of proof in civil and criminal cases? In this Hindi legal-awareness video, Advocate Naresh Kudal explains the basic principles of burden of proof, using examples from property disputes and cheque dishonour cases. Topics covered: • What “burden of proof” means. • Why a person asserting facts generally needs evidence to support them. • Preponderance of probabilities in civil cases. • Proof beyond reasonable doubt in criminal cases. • Why a plaintiff generally must establish their own case rather than rely only on weaknesses in the defendant’s case. • How statutory presumptions can affect the burden of proof, including in cheque dishonour proceedings. IMPORTANT LEGAL CLARIFICATION Sections 104 and 105 of the Bharatiya Sakshya Adhiniyam, 2023 concern the burden of proof and the person on whom that burden lies. The corresponding general provisions under the Indian Evidence Act, 1872 are Sections 101 and 102. These are separate enactments and their section numbers should not be used interchangeably. The law applicable to a particular proceeding depends on the relevant commencement and savings provisions. Statements about the claimant’s or prosecution’s burden explain general principles. Statutory presumptions, specific legal provisions and the facts of a case can affect who must establish a particular fact. “Beyond reasonable doubt” does not mean eliminating every imaginary or speculative doubt. OFFICIAL LEGAL REFERENCES Bharatiya Sakshya Adhiniyam, 2023 — Sections 104 and 105: https://www.indiacode.nic.in/bitstrea... Indian Evidence Act, 1872 — Sections 101 and 102: https://www.indiacode.nic.in/bitstrea... RELATED VIDEOS Civil Case Evidence Rules: Preponderance of Probabilities    • Civil Case Evidence Rules: Preponderance o...   Importance of Presumption in Court Proceeding    • Importance of Presumption in Court Proceed...   LEGAL CONSULTATIONS For chargeable legal consultation enquiries, contact us on WhatsApp: +91 8529360166 FOLLOW VIDHAN KA GYAN YouTube:    / @vidhankagyan   Facebook:   / vidhankagyan   Instagram:   / vidhan_ka_gyan   DISCLAIMER This video provides general legal information for educational purposes. It does not replace advice based on the documents, facts and applicable law of an individual case. Legal outcomes depend on evidence and the court’s assessment; no particular result is guaranteed. Laws and judicial interpretations may change. #BurdenOfProof #BharatiyaSakshyaAdhiniyam #LegalAwareness Advocate Naresh Kudal Vidhan ka Gyan