105. 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.
Evidence Act Section 102 in BSA: Section 105
On whom burden of proof lies
Section 102 of the Indian Evidence Act, 1872 (On whom burden of proof lies) corresponds to Section 105 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
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Text of BSA Section 105
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