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Section 102 - On whom burden of proof lies | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 102The Bharatiya Sakshya Adhiniyam, 2023 Section 105

Indian Evidence Act, 1872

Section 102

On whom burden of proof lies

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Indian Evidence Act, 1872

102. On whom burden of proof lies

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 b 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, by 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.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 105

On whom burden of proof lies

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The Bharatiya Sakshya Adhiniyam, 2023

105. On whom burden of proof lies.

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.

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