Actori incumbit onus probandi
LITERAL MEANING
The burden of proof lies on the plaintiff
ORIGIN
Latin
EXPLANATION
The general principle that a party who brings up a particular issue is the one who has the burden of proof comes from Latin phrase Actori incumbit onus probandi. As per this maxim, a plaintiff to a legal action or case must prove his or her case to win the lawsuit against the defendant. The plaintiff is responsible to submit to the court all the proofs and evidence he/she has got against the defendant to justify their claims and case .
A mere filing of a case is not enough to win a case, but also the person has to support their allegations with strong evidence to convince the court about the obligations of the defendant. In criminal proceedings, the burden of proof lies on the prosecutor. The scope and the subject-matter of ‘burden of proof’ could include the issues related to ‘evidence’ as well as ‘pleadings.’
ILLUSTRATION
ARCHANA and BRIJESH have been married for 7 years. However, BRIJESH started harassing ARCHANA for dowry and has kept on abusing and physically assaulting for complete one year. ARCHANA had to undergo treatment for her physical and mental harassment. Later, ARCHANA applied for divorce on the basis of cruelty. In this case, ARCHANA has to prove that BRIJESH has caused the injury of physical and mental assaults against her to prove her case before the court. Thus, the maxim Actori Incumbit Onus Probandi is applicable.
CASE LAWS
Sh. Kedar Nath Kohli vs Sh. Sardul Singh
The Delhi District Court while referring to the above maxim, held that “The rule of law is ‘actori incumbit onus probandi’ i.e. the burden of proof lies on the plaintiff or the prosecution. The plaintiff’s case has to stand on its own legs and the plaintiff cannot claim his claim to be established on account of the weakness of the defendant’s case.”
Republic of Guinea Versus Democratic Republic of the Congo
The International Court of Justice held that “The determination of the burden of proof is, in reality, dependent on the subject-matter and the nature of each dispute brought before the Court; it varies according to the type of facts which it is necessary to establish for the purposes of the decision of the case.”
Also Read: Animus Nocendi
