BSA Section 106 — Burden of proof as to particular fact

Summary

The burden of proving any particular fact lies on the person who wants the court to believe that the fact exists. This applies unless some law specifically says that the proof of that fact must lie on a particular person.

The illustration explains this with a theft case. If A prosecutes B for theft and wants the court to believe that B admitted the theft to C, then A must prove that admission. If B wants the court to believe that he was somewhere else at the time in question, then B must prove that.

Official Text

The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.

Illustration. A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission. B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.

Related Judgments

• NARAYAN GOVIND GAVATE ETC. vs STATE OF MAHARASHTRA — Supreme Court of India (1976)
• SUSHIL KUMAR vs RAKESH KUMAR — Supreme Court of India (2003)
• MOHD. FIROZ vs STATE OF MADHYA PRADESH — Supreme Court of India (2022)
• DINESH KUMAR vs THE STATE OF HARYANA — Supreme Court of India (2023)
• IFFCO TOKIO GENERAL INSURANCE COMPANY LTD. vs PEARL BEVERAGES LTD — Supreme Court of India (2021)
• MURLIDHAR AND ORS. vs STATE OF RAJASTHAN — Supreme Court of India (2005)

Old <-> New Code Mapping

• IEA §103 — Burden of proof as to particular fact