Quick Navigation
Section 104 - The Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023
Part IV
Production and Effect of Evidence
Chapter VII
Of The Burden of Proof
104. Burden of proof.
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.
Related Sections
- Section 159: Questions tending to corroborate evidence of relevant fact, admissible
- Section 169: No new trial for improper admission or rejection of evidence
- Section 96: Exclusion of evidence to explain or amend ambiguous document
- Section 27: Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
- Section 74: Public and private documents
Related Acts
* Only for reference.
