Burden of proof
Chapter 7: Of the burden of proof
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist, and when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
Illustrations.
(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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 105On whom burden of proof liesEvidence Act 102
- 106Burden of proof as to particular factEvidence Act 103
- 107Burden of proving fact to be proved to make evidence admissibleEvidence Act 104
- 108Burden of proving that case of accused comes within exceptionsEvidence Act 105
- 109Burden of proving fact especially within knowledgeEvidence Act 106
- 110Burden of proving death of person known to have been alive within thirty yearsEvidence Act 107