This slide is about the legal latin term "Onus Probandi" which means "Burden of proof". You can gain knowledge about different perspectives on that legal term. This slide is based on Bangladesh and other countries. Here I mentioned the meaning, different perspectives, case reference, Bangladeshi law, other country law, and many more. So don't miss out on gaining the dept's knowledge about the legal term. Because you can use it in your academic life as well as your personal life. Suppose, in you personal life you file a petition to anyone for getting the remedy. But here you are responsible to proof that, this evidence is right. Also some time the accused person is responsible to proof that he or she is right and innocent. That's and exception.

1. P R E S E N T A T I O N W E L C O M E
P R E S E N T A T I O N T O P I C O N
Onus Probandi
Name: Md Abu Rayhan
Roll:- 21
Batch:- 64
Department Of Law Dhaka International University
Submitted By

2. DELIVERING TO
Advocate Soeb Akter,
LECTURER OF DEPARTMENT OF LAW,
DHAKA INTERNATIONAL UNIVERSITY.

3. • Onus Probandi is a Latin term meaning "the burden of
proof.”
• It refers to the legal obligation of a party in a dispute to
provide evidence sufficient to persuade the court or jury
of the truth of their claim.
• The concept has its roots in Roman law, with the
maxim "Ei incumbit probatio qui dicit, non ei qui negat"
(The burden of proof lies with the one who asserts, not
the one who denies).
Concept and History

4. • In Bangladesh, the legal system adopts the
adversarial model, where parties present evidence
and arguments before an impartial adjudicator.
• Onus Probandi plays a pivotal role in this system,
guiding judges in determining the party
responsible for proving the elements of a claim or
defense.
Legal System Perspective

5. Perspective
of
•The Evidence Act, 1872 of Bangladesh governs the rules for presenting evidence in court.
•Section 101 of the Act deals with the burden of proof, stating that the burden of proof lies on the person who
asserts the affirmative of the issue.
•Section 102 of The Evidence Act, 1872 states that the burden of proof lies on the party who would lose if no
evidence were presented by either side.

6. • In civil law, the
plaintiff bears the
burden to establish
their case by a
preponderance of
evidence, meaning
they must present a
more convincing case
than the defendant.
• Criminal law in
Bangladesh aligns
with the universal
principle where the
prosecution must
prove the defendant’s
guilt beyond a
reasonable doubt,
ensuring protection
against wrongful
convictions.
Perspective of
Civil & Criminal
Law in
Bangladesh

7. •Bangladesh, as a member of the international
community, adheres to principles of international
law.
•In matters involving international disputes or
treaties, the burden of proof may shift depending
on the nature of the claim and the parties
involved.
Perspective of International Law in
Bangladesh

8. In case of Corfù Channel, Albania v. United Kingdom [1946],
Albanian Rejoinder, Memoirs, vol. II, p. 353. It mentioned
that,
The Albanian Government is the applicant here; it is up to him
to prove the rule of law that he invokes and the facts that he
accuses the British government of. He intends to prove this
completely, not by simple presumptions, but by indisputable
testimonies and documents, borrowed, for the most part, from
British communications.

9. • The exception to Onus Probandi is a rare situation where the burden of proof shifts. This
typically happens in criminal cases when the accused raises a specific defense, like alibi or
insanity. In such cases, the accused must present some evidence to support their claim,
but the burden of proving guilt beyond a reasonable doubt always remains with the
prosecution.
Exception