Indian Evidence Act
IEA 101 is now BSA 104.
Burden of proof
Carried over
98% of the old wording kept
Old · IEA 1872 · Ch. VII
s. 101
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. 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.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. VII
s. 104
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.
Text from India Code