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