Litigation Law
Burden of Proof
The obligation on a party to prove the facts they allege, which in a criminal trial rests primarily on the prosecution.
In a criminal trial, the burden of proving the accused's guilt rests on the prosecution throughout, and it must establish this beyond reasonable doubt — the accused doesn't generally have to prove their innocence, only raise sufficient doubt about the prosecution's case.
Certain specific provisions do shift a limited burden onto the accused once the prosecution proves certain foundational facts, such as in dowry death cases, but this remains the exception rather than the rule.
Need a Litigation lawyer?
Browse Litigation Lawyers