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.
Evidence Act Section 101 in BSA: Section 104
Burden of proof
Section 101 of the Indian Evidence Act, 1872 (Burden of proof) corresponds to Section 104 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
Ask on WhatsApp, free, no signup:
Text of BSA Section 104
Full BSA Section 104 and every Evidence Act section it replaced →
Ask CaseMinister about Evidence Act 101 / BSA 104
Your 24×7 legal assistant on WhatsApp answers with the judgments that apply, in English or Hindi. No signup needed.