Quick Navigation
Section 105 - The Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023
105. On whom burden of proof lies.
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side.
Illustrations.
(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A.
(b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.
Related Sections
- Section 17: Admissions by persons whose position must be proved as against party to suit
- Section 132: Professional communications
- Section 31: Relevancy of statement as to fact of public nature contained in certain Acts or notifications
- Section 135: Production of title-deeds of witness not a party
- Section 109: Burden of proving fact especially within knowledge
Related Acts
- The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
- Union Territory Goods and Services Tax Act, 2017
- Indian Institutes of Information Technology (Amendment) Act, 2017
- New Delhi International Arbitration Centre Act, 2019
- Enemy Property (Amendment and Validation) Act, 2017
* Only for reference.