The Burden of Proof under the Bharatiya Sakshya Adhiniyam (BSA), 2023 places the responsibility on the party asserting a fact to provide evidence supporting it. Sections 104-114 govern this obligation, ensuring fairness in legal proceedings by preventing baseless claims.

Malicious prosecution under tort law involves initiating legal proceedings with malice and without probable cause. Key elements include lack of reasonable cause, malice, favorable termination for the plaintiff, and resulting damages, ensuring protection from legal abuse.