Bharatiya Sakshya Adhiniyam, 2023
BSA Section 104
Burden of proof
In one line
BSA Section 104 deals with burden of proof and replaces Evidence Act 101.
Bare act text — BSA 104
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.
Frequently asked
What was BSA Section 104 in the Evidence Act?
BSA Section 104 (Burden of proof) replaces Section 101 of the Indian Evidence Act, 1872. Evidence Act 101 is now BSA 104.
Still citing the Evidence Act? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BSA sections
- BSA 99 — Evidence as to application of language which can apply to one only of several persons
- BSA 100 — . Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
- BSA 101 — Evidence as to meaning of illegible characters, etc
- BSA 102 — Who may give evidence of agreement varying terms of document
- BSA 103 — Saving of provisions of Indian Succession Act relating to wills
- BSA 105 — On whom burden of proof lies
- BSA 106 — Burden of proof as to particular fact
- BSA 107 — Burden of proving fact to be proved to make evidence admissible
- BSA 108 — Burden of proving that case of accused comes within exceptions
- BSA 109 — Burden of proving fact especially within knowledge