Malaysia legislation

Section 73

of Syariah Court Evidence Enactment 2004

Section 73

Burden of proof

(1)

Whoever desires any Court to give judgment as to any legal right or liability which is dependent on the existence of facts which he asserts must prove that those facts exist.

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(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 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.

On whom burden of proof lies