Bharatiya Sakshya Adhiniyam, 2023 · Section 106

BSA 106: earlier IEA 103

Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 103 of the Indian Evidence Act, 1872. BSA 106 deals with burden of proof as to particular fact. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Sakshya Adhiniyam

BSA 106 was IEA 103.

Burden of proof as to particular fact.

Carried over
98% of the old wording kept
Old · IEA 1872 · Ch. VII
s. 103
Burden of proof as to particular fact
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 16' (a) 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.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. VII
s. 106
Burden of proof as to particular fact.
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.
Text from India Code

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