Section 101 of the Indian Evidence Act, 1872 lays down that whoever wants the court to give judgment in his favour, on the existence of some facts, must prove the existence of such facts. Burden of proof lies on the person when he is bound to prove the existence of any fact.
In criminal cases, the prosecution has to prove the guilt of the accused beyond a reasonable doubt whereas in civil cases, the burden of proof is discharged by more preponderance of probability.
- Vijayee Singh v. State of U.P. (AIR 1990 SC 1459)
- Jarnail Singh v. State of Punjab (AIR 1996 SC 755)