104. 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.
BSA Section 104: Burden of proof
Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 deals with burden of proof. It replaces Evidence Act 101 of the Indian Evidence Act, 1872.
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Text of BSA Section 104
Evidence Act sections replaced
- Evidence Act 101: Burden of proof
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