Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of fact, which he asserts, must prove that those facts exist. When a person is found 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 judgement that B shall be punished for a crime which A says B has committed. A must prove that B has corrimitted the crime.

(b) A desires a Court to give judgement 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.