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Section 101 - Indian Evidence Act, 1872
Indian Evidence Act, 1872
101. 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.
When a person is bound to prove the existence of any fact, it is said that he 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 68: Proof of execution of document required by law to be attested
- Section 28: Confession made after removal of impression caused by inducement, threat or promise, relevant
- Section 16: Existence of course of business when relevant
- Section 29: Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
- Section 98: Evidence as to meaning of illegible characters, etc.
Related Acts
* Only for reference.