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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 52: Facts of which Court shall take judicial notice
- Section 161: What matters may be proved in connection with proved statement relevant under section 26 or 27
- Section 162: Refreshing memory
- Section 103: Saving of provisions of Indian Succession Act relating to wills
- Section 163: Testimony to facts stated in document mentioned in section 162
Related Acts
- Payment of Gratuity (Amendment) Act, 2018
- Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
- Inter-Services Organisations (Command, Control and Discipline) Act, 2023
- Mediation Act, 2023
- Anusandhan National Research Foundation Act, 2023
* Only for reference.