Difference Between Burden of Proof and Onus of Proof
"Burden of Proof" and "Onus of Proof" are often used interchangeably in everyday language, in legal contexts, they can have distinct meanings. Here's a clear breakdown:
Burden of Proof
Definition: It refers to the overall duty a party has to prove their case in court.
Scope: It is the responsibility to convince the court that the facts presented are true.
Who carries it? Usually, the party who initiates the claim or accusation (e.g., the prosecution in a criminal case or the plaintiff in a civil case).
Standard: The degree or level of proof required (e.g., "beyond a reasonable doubt" in criminal cases, "preponderance of the evidence" in civil cases).
Example: In a criminal trial, the prosecution has the burden of proof to prove the defendant’s guilt beyond a reasonable doubt.
Onus of Proof
Definition: More narrowly, onus of proof refers to the specific duty to prove a particular fact or issue during a trial.
Scope: It can shift from one party to another depending on the stage of the trial or the issue being discussed.
Who carries it? Can be assigned to either party, depending on the circumstance.
Shifts: Onus of proof can shift as evidence is presented. For example, once the prosecution proves a basic fact, the onus may shift to the defense to prove an exception or defense.
Example: Once the prosecution proves the accused was at the crime scene, the onus may shift to the defense to prove an alibi.
Summary Table:
| Aspect | Burden of Proof | Onus of Proof |
|---|---|---|
| Meaning | Overall duty to prove the case | Duty to prove a particular fact or issue |
| Applies to | Entire case | Specific facts or points within the case |
| Who holds it | Party making the claim/accusation | Can shift between parties |
| Standard | Level of proof required (e.g., beyond reasonable doubt) | Usually same standard, but specific to issue |
| Can it shift? | Usually fixed on one party | Yes, can shift during proceedings |
In simple terms:
Burden of proof is the big responsibility to prove your entire case.
Onus of proof is the smaller responsibility to prove a particular fact within that case, which may shift between parties as the trial goes on.
Do write to us if you need any further assistance.
RELATED Blog
0 comments