Bharatiya Sakshya Adhiniyam, 2023
BSA Section 106
Burden of proof as to particular fact
In one line
BSA Section 106 deals with burden of proof as to particular fact and replaces Evidence Act 103.
Bare act text — BSA 106
106. Burden of proof as to particular fact.
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.
Frequently asked
What was BSA Section 106 in the Evidence Act?
BSA Section 106 (Burden of proof as to particular fact) replaces Section 103 of the Indian Evidence Act, 1872. Evidence Act 103 is now BSA 106.
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Nearby BSA sections
- 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 104 — Burden of proof
- BSA 105 — On whom burden of proof lies
- 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
- BSA 110 — Burden of proving death of person known to have been alive within thirty years
- BSA 111 — Burden of proving that person is alive who has not been heard of for seven years