Section 106

Burden of proof as to particular fact.

The Bharatiya Sakshya Adhiniyam, 2023

  • Act 47 of 2023
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to consolidate and to provide for general rules and principles of evidence for fair trial.

All sections

Chapter VII: Of the burden of proof Sections 104 to 120

    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 (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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