On whom burden of proof lies
Chapter 7: Of the burden of proof
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
Illustrations.
(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A.
(b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.
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
- 104Burden of proofEvidence Act 101
- 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