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.
Evidence Act Section 103 in BSA: Section 106
Burden of proof as to particular fact
Section 103 of the Indian Evidence Act, 1872 (Burden of proof as to particular fact) corresponds to Section 106 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
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Text of BSA Section 106
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