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Section 103 - Burden of proof as to particular fact | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 103The Bharatiya Sakshya Adhiniyam, 2023 Section 106

Indian Evidence Act, 1872

Section 103

Burden of proof as to particular fact

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Indian Evidence Act, 1872

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

78 [(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.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 106

Burden of proof as to particular fact

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The Bharatiya Sakshya Adhiniyam, 2023

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.

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