Notes on Burden of proof (S 101-111 of Evidence Act) The word "burden of proof" has not been defined in Indian Evidence Act.Burden of proof in simple words means responsibility to prove a fact in a case or obligation to prove a fact. Principles of burden of proof are mentioned below: a) Onus probandi means burden of proof. Generally a party who alleges affirmative has to prove it. b) Factum probans is proving the fact. The phrase"burden of proof" has two distinct meanings: 1) The burden of proof as a matter of law and pleading-The burden as it has been called of establishing a case. This burden rests upon the party whether plaintiff or defendant who substantially asserts the affirmative of the issue.It is fixed at the beginning of trial by statements of pleading, and it is settled as a question of law,remaining unchanged under any circumstances whatever.This rule is embodied in S 101. 2)The burden of proof as matter of adducing evidence - The burden of proof in th