Indian Evidence Act, 1872Bharatiya Sakshya Adhiniyam, 2023

IEA 101BSA 104

Burden of proof

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What changed

  • No change.

Drafting-ready

Under Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 101 of the Indian Evidence Act, 1872)...

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 th at 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 is IEA 101 equivalent in BSA?

IEA Section 101 (Burden of proof) corresponds to Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

What changed between IEA 101 and BSA 104?

No change.

How do I cite BSA 104 in a pleading?

Under Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 101 of the Indian Evidence Act, 1872)...

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