106. 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.
BSA Section 106: Burden of proof as to particular fact
Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 deals with burden of proof as to particular fact. It replaces Evidence Act 103 of the Indian Evidence Act, 1872.
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Text of BSA Section 106
Evidence Act sections replaced
- Evidence Act 103: Burden of proof as to particular fact
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