Section 106
Burden of proof as to particular fact.
The Bharatiya Sakshya Adhiniyam, 2023
About this Act
An Act to consolidate and to provide for general rules and principles of evidence for fair trial.
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.
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.