BSA § 106 · Bharatiya Sakshya Adhiniyam, 2023

Section 106 BSA — Burden of proof as to particular fact

Replaces IEA 103 of the Indian Evidence Act, 1872. In force since 1 July 2024.

The text

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.

Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text.

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