BSA Section 105: On whom burden of proof lies
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 7: Of the Burden of Proof
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¶105. 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.
¶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.
Study: explanations and related material
Replaces IEA 102. IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 104. Burden of proof
- 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