Indian Evidence Act, 1872 → Bharatiya Sakshya Adhiniyam, 2023
IEA 102BSA 105
On whom burden of proof lies
Canonical: https://www.vakilpedia.com/iea-102-to-bsa
What changed
- No change.
Drafting-ready
Under Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 102 of the Indian Evidence Act, 1872)...
Bare act text — BSA 105
105. On whom burden of proof lies .—The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. 37 Illustrations. (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.
Frequently asked
What is IEA 102 equivalent in BSA?
IEA Section 102 (On whom burden of proof lies) corresponds to Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What changed between IEA 102 and BSA 105?
No change.
How do I cite BSA 105 in a pleading?
Under Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 102 of the Indian Evidence Act, 1872)...
Need another section? The full converter covers IEA to BSA, CrPC to BNSS and IEA to BSA.
Open the converterNearby IEA sections
- IEA 97 → BSA 100 — Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
- IEA 98 → BSA 101 — Evidence as to meaning of illegible characters, etc
- IEA 99 → BSA 102 — Who may give evidence of agreement varying terms of document
- IEA 100 → BSA 103 — Saving of provisions of Indian Succession Act relating to wills
- IEA 101 → BSA 104 — Burden of proof
- IEA 103 → BSA 106 — Burden of proof as to particular fact
- IEA 104 → BSA 107 — Burden of proving fact to be proved to make evidence admissible
- IEA 105 → BSA 108 — Burden of proving that case of accused comes within exceptions
- IEA 106 → BSA 109 — Burden of proving fact especially within knowledge
- IEA 107 → BSA 110 — Burden of proving death of person known to have been alive within thirty years