3.4 One Who Asserts Must Prove

The burden's first principle (the Roman maxim's heir — ei incumbit probatio qui dicit): the asserter proves. The civil application: the plaintiff's case (the claim's facts first); the defendant's counter-assertions (the reply's burden — the payment, the fraud, the set-off when pleaded). The criminal application's special rule: the prosecution proves the guilt — the accused never proves innocence (the presumption-of-innocence's evidentiary face; the beyond- reasonable-doubt standard). The exceptions' study: the statutory reverse burdens (the special laws' presumptions — Unit 6.4); the accused's evidentiary burdens (the defences' presentation — the alibi shown, the insanity's indications — without the innocence-proof duty). The prescribed case's home: HMG v. Devi Maya Ranabhat (NKP 2057 — Unit 7.4): the counterclaim's (jikir) burden on the asserter under the Evidence Act's scheme — the unproved counterclaim failing against the proved accusation.