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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 81: Presumption as to Gazettes in electronic or digital record
- Section 86: Presumption as to electronic records and electronic signatures
- Section 37: Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- Section 56: Proof of contents of documents
- Section 30: Relevancy of statements in maps, charts and plans
Related Acts
* Only for reference.