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Section 106 - The Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023
106. Burden of proof as to particular fact.
The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.
Illustration.
A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
Related Sections
- Section 49: Previous bad character not relevant, except in reply
- Section 37: Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- Section 48: Evidence of character or previous sexual experience not relevant in certain cases
- Section 100: Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
- Section 145: Witnesses to character
Related Acts
* Only for reference.