Section 106 Earlier Evidence Act 103
Burden of proof as to particular fact
Chapter 7: Of the burden of proof
The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.
Illustration.
A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
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
- 105On whom burden of proof liesEvidence Act 102
- 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