BSA · Bharatiya Sakshya Adhiniyam, 2023
Section 105 — On whom burden of proof lies.
Replaces Evidence Act Section 102.
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.
Nearby sections
- 102 Who may give evidence of agreement varying terms of document.
- 103 Saving of provisions of Indian Succession Act relating to wills.
- 104 Burden of proof.
- 106 Burden of proof as to particular fact.
- 107 Burden of proving fact to be proved to make evidence admissible.
- 108 Burden of proving that case of accused comes within exceptions.
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