Malaysia legislation

Section 101

of EVIDENCE ACT 1950

Section 101

(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.

(a)

A desires a court to give judgment that B shall be punished for a crime which A says B has committed.

A must prove that B has committed the crime.

(b)

A desires a court to give judgment that he is entitled to certain land in the possession of B by reason of facts which he asserts and which B denies to be true.

A must prove the existence of those facts.

On whom burden of proof lies