IEA Section 101: Burden of proof
Indian Evidence Act, 1872 · Chapter 7: The Burden Of Proof
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
¶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.
¶ 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.
Study: explanations and related material
Now BSA 104 (corresponding section). IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03), p11
Official reference: Legislative Department, Assam: government historical reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh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. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 102. On whom burden of proof lies
- 103. Burden of proof as to particular fact
- 104. Burden of proving fact to be proved to make evidence admissible
- 105. Burden of proving that case of accused comes within exceptions
- 106. Burden of proving fact especially within knowledge
- 107. Burden of proving death of person known to have been alive within thirty years
- 108. Burden of proving that person is alive who has not been heard of for seven years
- 109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
- 110. Burden of proof as to ownership
- 111. Proof of good faith in transactions where one party is in relation of active confidence
- 111A. Presumption as to certain offences
- 112. Birth during marriage, conclusive proof of legitimacy
- 113. Proof of cession of territory
- 113A. Presumption as to abetment of suicide by a married woman
- 113B. Presumption as to dowry death
- 114. Court may presume existence of certain facts
- 114A. Presumption as to absence of consent in certain prosecutions for rape