BSA Section 105 — On whom burden of proof lies

CHAPTER VII OF THE BURDEN OF PROOF

General

Summary

The burden of proof in a suit or proceeding lies on the person who would fail if no evidence at all were given on either side.

Illustration (a): A sues B for land that B is in possession of, and which A claims 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 keep possession. Therefore, the burden of proof is on A.

Illustration (b): A sues B for money due on a bond. The execution of the bond is admitted, but B says it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, because the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.

Official Text

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.

Related Judgments

  • K. M. NANAVATI vs STATE OF MAHARASHTRA — Supreme Court of India (1961)
  • P.N. KRISHNA LAL AND ORS. ETC. ETC. vs GOVT. OF KERALA AND ANR. ETC. ETC — Supreme Court of India (1994)
  • PREM SINGH vs STATE OF NCT OF DELHI — Supreme Court of India (2023)
  • MARIAPPAN vs STATE OF TAMIL NADU — Supreme Court of India (2013)
  • BEHRAM KHURSHED PESIKAKA vs THE STATE OF BOMBAY — Supreme Court of India (1954)
  • Ravindra Govind Gawas; ... vs The State of Maharashtra, ..., ..., Dr. Yug Mohit Choudhary, Advocate — Bombay High Court (Mumbai Principal Seat) (2013)

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