The Law on Burden and Standard of proof in the prosecution, Defendant and plaintiff who alleges crime in a civil case

Introduction

Burden of proof may be defined as a rule of evidence that imposes a duty or obligation by law on a party who asserts the existence or non-existence of facts in issue or on a party who desires any Court to get judgment as to any legal right or liability dependent on the existence of facts when he asserts or denies shall prove that those facts exist or that they do not exist.

Standard of proof on the other hand may be defined as the extent to which a party with the burden of proof has to prove his case (or an element of its case). Standard of proof can also be defined as the degree  or quality of proof required whether in criminal or civil trial to discharge a burden or onus the law imposes on a party.

           i.            The Prosecutor: The law on the burden of proof in the prosecutor is provided for by the provision of sections 131 and 132 of the Evidence Act 2011 respectively. The provision of section 131(1) provides: “whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts shall prove that those facts exist.” Subsection 2 of the same provision provides thus: “when a person is bound to prove the existence of any fact it is said that the burden of proof  lies on that person.”

Section 132 of the Act states thus: “the burden of proof in a suit or proceeding lies on that person who will fail if no evidence at all were given on either side.”

On the other hand, the law on the standard of proof in the prosecution is provided for by the provision of section 135(1) of the Evidence Act, 2011. This provision of the law states thus: “if the commission of a crime by a party to any proceeding is directly in issue in any proceeding civil or criminal it must be proved beyond reasonable doubt.”

        ii.            The Defendant: The law on the burden of proof in the defendant is provided for by sections 133(2) and 139 respectively of the Evidence Act 2011 respectively. Section 132 of the Act provides thus: “the burden of proof in a suit or proceeding lies on that person who will fail if no evidence at all were given on either side.” Section 133(2) further provides thus:

“if the party referred to in subsection (1) of this section adduces evidence which ought reasonably to satisfy the court that the fact sought to be proved is established, the burden lies on the party against whom judgment would be given if no more evidence were adduced, and so on succively, until all the issues in the pleadings have been dealt with.”

Section 139(1) of the Act provides thus: “where a person is accused of any offence, the burden of proving the existence of circumstances bringing the case  within any exception or exemption from, or qualification to, the operation of the law creating the offence with which he is charged is upon such person.”

On the other hand, the standard of proof in the defendant is provided for by section 137 of the Evidence Act 2011. The standard of proof in the defendant whether in civil or criminal trial is proof on balance of probabilities.The provision of the law states thus: “where in any criminal proceeding the burden of proving the existence of any fact or matter has been placed upon a defendant by virtue of the provisions of any law, the burden shall be discharged on the balance of probabilities.”

     iii.            The plaintiff who raises allegation of crime in civil cases: The law on the burden of proof in a plaintiff who raises allegation of crime in civil cases is provided for by sections 131 and 132 and 139 of the Evidence Act 2011. The provision of section 131(1) provides: “whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts shall prove that those facts exist.” Subsection 2 of the same provision provides thus: “when a person is bound to prove the existence of any fact it is said that the burden of proof  lies on that person.”

Section 132 provides thus:“the burden of proof in a suit or proceeding lies on that person who will fail if no evidence at all were given on either side.”

The law on the standard of proof in a plaintiff on raises allegation of crime in civil cases is provided for by section 135 of the Evidence Act 2011. This provision of the law states thus: “if the commission of a crime by a party to any proceeding is directly in issue in any proceeding civil or criminal it must be proved beyond reasonable doubt.”