Evidence Act · 2014 Revised Edition · Chapter VII
101. Burden of proof
Official textFrom Attorney General's Chambers, unchanged
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.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
fact
“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;
Illustrations
A desires a court to give judgment that B shall be punished for a crime which A says
B has committed.
A must prove that B has committed the crime.
A desires a court to give judgment that he is entitled to certain land in the possession of B by reason of facts which he asserts and which B denies to be true.
A must prove the existence of those facts.
Terms defined in s 3
court
Defined · s 3“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
fact
Defined · s 3“fact” means and includes — (a) anything, state of things or relation of things capable of being perceived by the senses; (b) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;