# Who must prove it? Burden of proof in 12 cards. > 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. - Topic: Law study - For: Law students - A 13-slide carousel: https://failegal.site/media/who-must-prove-it-burden-of-proof-in-12 - Published by FAI Legal on 2026-10-22 ## 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) ## The rule. Cards 1 to 3. Who starts. - **Burden of proof** Whoever 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 fact** On 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. - **Admissibility** A fact needed to admit evidence: proved by the one offering it. (Art. 120) - **Exceptions** An accused relying on a General Exception must prove it. (Art. 121) - **Own knowledge** A fact especially within his knowledge: he must prove it. (Art. 122) ## Presumed. Cards 7 to 9. Life, death and relationships. - **Alive in 30 years** Shown alive within 30 years: who says he is dead must prove it. (Art. 123) - **Unheard of 7 years** Who says he is alive must prove it. (Art. 124) - **Relationships** Acting as partners, landlord and tenant, or agent: who denies it proves it. (Art. 125) ## Property. Cards 10 to 12. Ownership and trust. - **Ownership** In possession: who says he is not the owner must prove it. (Art. 126) - **Active confidence** Good faith of the deal: proved by the one in active confidence. (Art. 127) - **Legitimacy** Birth 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 test** With no evidence on either side, A would win on the admitted bond. - **So** B, 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 rule** A fact especially within a person's knowledge is his to prove. - **The ticket** Only A knows if he bought one, so the burden is on him. ## Stand on your own legs. 2010 SCMR 1630, Supreme Court. - **The holding** A party asking for relief must discharge his own burden. - **The point** He 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.** ## Sources - Qanun-e-Shahadat Order, 1984 · Article 117: Burden of proof --- 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. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.