Learning Outcomes
LEGAL MAXIMS:- ACTORI INCUMBIT ONUS PROBANDI
by-:thelawiq.com
INTRODUCTION
when any plaintiff or prosecutor filed the case in the court of law question is that, the burden of the proof lies on to whom?
According to this maxim, The plaintiff proves a case against the defendant.
Meaning→→ The burden of proof→ is on→ the plaintiff.
Origin→→Latin
Explanation→→
According to this maxim, the plaintiff must prove his or her case to win a lawsuit against the defendant. In a short way, the plaintiff proves that the defendant committed the act causes damages arises to him/her.
The mere filing of the case doesn’t mean that plaintiff won the case but also gives supportive evidence and proof to the court for proving the allegation against the defendant. Similarly in a criminal proceedings, the burden of the proof lies on the public prosecutor.
The subject matter of the burden of the proof includes→→ Evidence as well as→ Pleadings.
Illustration
Ramesh married to Riya in 2019.
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After marriage,
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Ramesh demanded dowry from Riya.
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Ramesh also abused her and also assaulting her.
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So that Riya under the physical and mental treatment causes of this harassment.
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Riya applied for divorce under the ground of cruelty.
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so according to this maxim, Riya proves the cruelty done by her husband Ramesh.
Case laws
Kedar Nath Kohli vs Sardul Singh [2003 VIII AD Delhi 313]
In this case, the court says,
the burden of proof lies on the plaintiff or the prosecution.
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The plaintiff’s case has to stand on its own legs.
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The plaintiff cannot claim his claim to be established on account of the weakness of the defendant’s case.
Kalyan Kumar Basu vs Sh. Veer Singh [AIR 142 Cal 360]
In cases where the defence of the defendant has been struck off, the propounder does not get absolved of its duty to establish the relevant facts, which constitute the genesis of its claim, by some credible evidence.
merely because the right of the defendant to file a written statement has been stuck off, it does not ipso facto means that the averments made by the plaintiff are deemed to be accepted as correct.
Such absence of the defendant does not by itself justify a presumption that the plaintiff’s case is true.
Conclusion
Actori Incumbit Onus Probandi means Burden of the proof is on the plaintiff.
Here case filled by the plaintiff or prosecutor then burden of proof lies upon the plaintiff or prosecutor against the defandant.
