Legal World

Section 106 BSA — Burden of proof as to particular fact

Bharatiya Sakshya Adhiniyam, 2023 · Official PDF page 32

Open in NyayaOfficial PDF, page 32

106.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.

Text extracted from the official PDF (Ministry-published 2024 source copy). Line breaks and footnote marks may differ; the PDF is the authority.

For research. Check the official gazette and later amendments before citing a section.