IEA Section 101 — Burden of proof

Chapter 7

Civil

Summary

If you ask a court to decide a legal right or responsibility based on facts you claim are true, you must provide evidence that those facts actually exist. When someone is required to prove that a fact is true, that person is said to have the burden of proof.

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.
When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Related Judgments

  • DINESH KUMAR vs THE STATE OF HARYANA — Supreme Court of India (2023)
  • SEBASTIAO LUIS FERNANDES (DEAD) THROUGH LRS. & ORS. vs K.V.P. SHASTRI (DEAD) THROUGH LRS. & ORS — Supreme Court of India (2013)
  • CHAIRMAN, BOARD OF TRUSTEE, SRI RAM MANDIR JAGTIAL KARIMNAGAR DISTRICT vs S. RAJYALAXMI (DEAD) & ORS — Supreme Court of India (2018)
  • NARAYAN GOVIND GAVATE ETC. vs STATE OF MAHARASHTRA — Supreme Court of India (1976)
  • RATTAN SINGH & ORS. vs NIRMAL GILL & ORS. ETC — Supreme Court of India (2020)
  • RAJESH JAIN vs AJAY SINGH — Supreme Court of India (2023)

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