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Section 104 - The Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023
Part IV
Production and Effect of Evidence
Chapter VII
Of The Burden of Proof
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.
Related Sections
- Section 7: Facts necessary to explain or introduce fact in issue or relevant facts
- Section 139: Number of witnesses
- Section 82: Presumption as to maps or plans made by authority of Government
- Section 162: Refreshing memory
- Section 24: Consideration of proved confession affecting person making it and others jointly under trial for same offence
Related Acts
- Criminal Procedure (Identification) Act, 2022
- Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017
- Marine Aids to Navigation Act, 2021
- Central Educational Institutions (Reservation in Teachers Cadre) Act, 2019
- National Institutes of Technology, Science Education and Research (Amendment) Act, 2017
* Only for reference.