Law study · For law students
Who must prove it? Burden of proof in 12 cards.
In short
Chapter IX of the Qanun-e-Shahadat decides who must prove what. Article 117 sets the rule, Article 118 asks who would fail with no evidence at all, and Articles 119 to 128 move the burden for particular facts, exceptions, special knowledge, life and death, relationships, ownership, trust and legitimacy.
By the FAI Legal editorial desk · 22 October 2026 · 13 slides · 2 min read
The law.
Article 117, Qanun-e-Shahadat.
“(1) 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. (2) When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.”
Qanun-e-Shahadat Order, 1984 · Article 117, Burden of proof
The rule. Cards 1 to 3.
Who starts.
- Burden of proofWhoever asks for judgment on facts he asserts must prove them. (Art. 117)
- Who would fail?The one who would fail if no evidence at all were given. (Art. 118)
- A particular factOn the one who wants the Court to believe it, unless a law says otherwise. (Art. 119)
Special. Cards 4 to 6.
When the burden moves.
- AdmissibilityA fact needed to admit evidence: proved by the one offering it. (Art. 120)
- ExceptionsAn accused relying on a General Exception must prove it. (Art. 121)
- Own knowledgeA fact especially within his knowledge: he must prove it. (Art. 122)
Presumed. Cards 7 to 9.
Life, death and relationships.
- Alive in 30 yearsShown alive within 30 years: who says he is dead must prove it. (Art. 123)
- Unheard of 7 yearsWho says he is alive must prove it. (Art. 124)
- RelationshipsActing as partners, landlord and tenant, or agent: who denies it proves it. (Art. 125)
Property. Cards 10 to 12.
Ownership and trust.
- OwnershipIn possession: who says he is not the owner must prove it. (Art. 126)
- Active confidenceGood faith of the deal: proved by the one in active confidence. (Art. 127)
- LegitimacyBirth in a valid marriage, after six lunar months: conclusive, with exceptions. (Art. 128)
Quick quiz. The bond.
Guess first, then swipe for the answer.
- A. A
- B. B
- C. The Court
Answer: B. Article 118.
Illustration (b) to Article 118.
- The testWith no evidence on either side, A would win on the admitted bond.
- SoB, who alleges the fraud, carries the burden.
Quick quiz. The train.
Guess first, then swipe for the answer.
- A. The railway
- B. A
- C. No one
Answer: B. Article 122.
Illustration (b) to Article 122.
- The ruleA fact especially within a person's knowledge is his to prove.
- The ticketOnly A knows if he bought one, so the burden is on him.
Stand on your own legs.
2010 SCMR 1630, Supreme Court.
- The holdingA party asking for relief must discharge his own burden.
- The pointHe cannot win on weaknesses in the other side's case.
Stuck on onus?
Ask FAI. It answers with the exact article and the judgments that explain it.
- Difference between burden of proof and onus of proof, with case law.
- Explain Article 121 Qanun-e-Shahadat with an example on self-defence.
Example questions
Sources
- Qanun-e-Shahadat Order, 1984 · Article 117
Burden of proof Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
