BSA · Bharatiya Sakshya Adhiniyam, 2023
Section 104 — Burden of proof.
Replaces Evidence Act Section 101.
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, and when a person is bound to prove the existence of any fact, it is said that the 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.
Nearby sections
- 101 Evidence as to meaning of illegible characters, etc.
- 102 Who may give evidence of agreement varying terms of document.
- 103 Saving of provisions of Indian Succession Act relating to wills.
- 105 On whom burden of proof lies.
- 106 Burden of proof as to particular fact.
- 107 Burden of proving fact to be proved to make evidence admissible.
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