Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist, and when a person is bound 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 judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime.
(b) A desires a Court to give judgment 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.
Legal Commentary & Landmark Judgments: Section 104
Section 104 defines the foundational Burden of Proof, establishing that whoever desires any Court to give judgment as to any legal right or liability must prove the existence of facts asserted.
In criminal trials, Section 104 establishes the golden thread of criminal jurisprudence: the primary burden rests invariably upon the prosecution to prove every ingredient of the offence beyond reasonable doubt.
Section 104 embodies the fundamental principle *actori incumbit probatio* (the burden of proof lies on the claimant). In criminal law, this burden remains anchored to the prosecution from the first witness to final argument.