The event when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on the person. The burden of proof lies on the party who substantially asserts the affirmative of the issue and not upon the party who denies it. This rule of convenience has been adopted in practice not because it is impossible to prove a negative, but because the negative does not admit of the direct and simple proof of which the affirmative is capable. The party on whom the onus of proof lies must establish a prima facie case.
Burden of proof can be looked upon in two different ways. Firstly, it means that a party is required to prove an allegation before judgment can be given in its favour. It also means that on a contested issue either of the two contending parties has to introduce evidence.
In case of a criminal trial, the burden of proving the guilt of the accused person rests on the prosecution. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
