Law On Burden Of Proof, 4th Edition by C D Field

Law On Burden Of Proof, 4th Edition by C D Field

Author	C D Field
Publication Date	2020
ISBN	9788193727997
Format	Hardcover
Publisher	Delhi Law House

 

Every incidence must be supported by some event that either already occurred or may not have. Hence one may say that providing evidence of an incidence. If the evidence hasn't been presented, or if it has but it hasn't been proven, the occurrence will happen and then it won't. The burden of proof, as the name suggests, is the responsibility placed on the victim to establish by evidence that an incident actually occurred. The burden of proof typically rests on the party who is affected since the testimony provided by that side is typically reliable and respected by the courts.

Finding the hidden solutions in today's world, which is greatly impacted by globalisation and digital technologies, is difficult for courts, attorneys, and law enforcement organisations.

The burden of establishing a case and the burden of admitting evidence are the two independent meanings of the phrase "burden of proof." Where the pleadings initially lay it, the burden of proving a case continues to be the same throughout the length of the case. It does not change. The burden of proof is with the party—whether plaintiffs or defendants—who substantially raises the question in the affirmative. It is on him at the outset of the case, it is on him during the case, and it is still on him once all of the evidence has been presented, if he has not done so by the preponderance of the evidence. The author of the revision has spared no effort to ensure that the book's utility is identical to that of its earlier iterations. The Table of Cases, the overview at the beginning of each Chapter, and the thorough subject index increase the book's usefulness.

As the previous editions, it is hoped that this edition of the book would find favour with the bench, bar, and everyone else interested in this area of law.

This book includes Production and Effect of Evidence, Who Bears the Burden of Proof, Burden of Proof as to Particular Facts, Double Burden of Proof, Burden of Proving Exceptions Under the Indian Penal Code and Other Laws, and Burden of Proving Fact Particularly Within Knowledge, among other topics.

Table of Contents

1. Production and effect of Evidence
2. Burden of Establishing The Existence of Fact
3. On Whom Burden of Proof Lies
4. Burden of Prrof as To Particular Facts
5. Double Burden of Proof
6. Burden of Proving Exceptions Under Indian Penal Code and Other Laws
7. Burden of Proving Facts Especially Within Knowledge
8. Presumption of Continuance of Life
9. Presumption Regarding Death
10. Burden of Proof As To Relationship
11. Burden of Proof As To Ownership
12. Burden To Prove Good Faith In Transactions
13. Presumption As To Certain Offences
14. Presumption As To The Legitimacy of Children Born During Lawful Wedlock
15. Proof of Cession of Territory
16. Presumption As To Abetment of Suicide By A Married Woman
17. Presumption As To Dowry Death 
18. Court May Presume Existence of Certain Acts
19. Presumption As To Absence of Consent In Certain Prosecutions For Rape
Index