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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 111: Burden of proving that person is alive who has not been heard of for seven years
- Section 94: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
- Section 30: Relevancy of statements in maps, charts and plans
- Section 164: Right of adverse party as to writing used to refresh memory
- Section 169: No new trial for improper admission or rejection of evidence
Related Acts
- Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016
- Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020
- Juvenile Justice (Care and Protection of Children) Act, 2015
- National Commission for Homoeopathy Act, 2020
- Maritime Anti-Piracy Act, 2022
* Only for reference.