Quick Navigation
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 114: Court may presume existence of certain acts
- Section 12: In suits for damages, facts tending to enable Court to determine amount are relevant
- Section 5: Evidence may be given of facts in issue and relevant facts
- Section 103: Burden of proof as to particular fact
- Section 157: Former statements of witness may be proved to corroborate later testimony as to same fact
Related Acts
* Only for reference.