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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 136: Production of documents or electronic records which another person, having possession, could refuse to produce
- Section 115: Presumption as to certain offences
- Section 107: Burden of proving fact to be proved to make evidence admissible
- Section 96: Exclusion of evidence to explain or amend ambiguous document
- Section 64: Rules as to notice to produce
Related Acts
* Only for reference.