BSA Section 104: Burden of proof
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 7: Of the Burden of Proof
Also available in: हिंदी
104. 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 that 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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 105. On whom burden of proof lies
- 106. Burden of proof as to particular fact
- 107. Burden of proving fact to be proved to make evidence admissible
- 108. Burden of proving that case of accused comes within exceptions
- 109. Burden of proving fact especially within knowledge
- 110. Burden of proving death of person known to have been alive within thirty years
- 111. Burden of proving that person is alive who has not been heard of for seven years
- 112. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 113. Burden of proof as to ownership
- 114. Proof of good faith in transactions where one party is in relation of active confidence
- 115. Presumption as to certain offences
- 116. Birth during marriage, conclusive proof of legitimacy
- 117. Presumption as to abetment of suicide by a married woman
- 118. Presumption as to dowry death
- 119. Court may presume existence of certain facts
- 120. Presumption as to absence of consent in certain prosecution for rape