BURDEN OF PROOF VS. STANDARD OF PROOF: CLEARING THE CONFUSION

AUTHOR – JASH SHAH*, STUDENT AT O.P. JINDAL GLOBAL UNIVERSITY

*jashshah2512@gmail.com & LinkedIn Profile – http://www.linkedin.com/in/jashshah2512

BEST CITATION – JASH SHAH, BURDEN OF PROOF VS. STANDARD OF PROOF: CLEARING THE CONFUSION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 265-268, APIS – 3920 – 0001 & ISSN – 2583-2344.

Introduction ‘

Burden of Proof’ and ‘Standard of Proof’ are two extremely critical aspects in the legal world which are essential in guiding and evaluating how evidence is presented in court. These are two different legal terms which serve different purposes, yet, even those familiar with the legal system tend to sometimes get confused between the two. Briefly, burden of proof determines who is responsible for proving a fact, whereas standard of proof specifies the criteria and standard of fact that can be used convincingly as evidence. Burden of Proof and Standard of Proof play a pivotal role in ensuring that a fair outcome prevails at the end of trial. This blog aims to explore these two concepts in detail, clarifying their roles in legal context, clearing the confusion related to these two concepts and explaining how these two operate together to uphold justice in a fair manner.