- 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.When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.Illustrations(a)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.(b)A desires a Court to give judgment that he is entitled to contain land in the possession of B by reason off acts which he asserts, and which B. denies to be true.A must prove the existence of these facts.
