In civil negligence onus to proof lies on (AIIMS May 2014)
|A||First class judicial magistrate|
|C||Police officer not less than rank of subinspector|
In criminal litigation, the burden of proof is always on the state. The state must prove that the defendant is guilty. The defendant is assumed to be innocent; the defendant needs to prove nothing.
In civil negligence, the burden of proof is initially on the patient. Ordinarily the patient has to prove that the Doctor is negligent. The patient can prove this with the help of an expert physician. The only condition where the patient do not have to prove that the Doctor is negligent is RES IPSA LOQUITOR. RES IPSA LOQUITOR means that the thing or action speaks of itself.