BSA Section 104 — Burden of proof

CHAPTER VII OF THE BURDEN OF PROOF

General

Summary

Whoever wants a court to decide in their favour on any legal right or liability must prove the facts they are relying on. If a person is required to prove that certain facts exist, the law says the burden of proof lies on that person.

Illustration (a): If A wants the court to punish B for a crime that A says B committed, A must prove that B actually committed the crime.

Illustration (b): If A wants the court to declare that A is entitled to land that B is holding, and A's claim depends on facts that B denies, A must prove those facts are true.

Official Text

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.

Related Judgments

  • New India Assurance Co Ltd vs Senehar Bibi Johar Shaikh & Anr — Bombay High Court (Mumbai Principal Seat) (2024)
  • Judgment pronounced on : 14th November, 2008; Magotteaux Industries Pv vs AIA Engineering Ltd — Delhi High Court (2008)
  • Sulaiman; Jaifun Bi; Ayeesha Bi vs 1., Venkatesan, 2., Pandian — Madras High Court (Principal Bench, Chennai) (2014)

Old <-> New Code Mapping