IEA Section 103 — Burden of proof as to particular fact

Summary

The person who wants the court to accept that a specific fact is true must provide evidence to prove it. This rule applies unless another law says that a different person is responsible for proving that fact.

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.

Related Judgments

• 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)
• RATHNAMMA & ORS. vs SUJATHAMMA & ORS — Supreme Court of India (2019)
• SUSHIL KUMAR vs RAKESH KUMAR — Supreme Court of India (2003)
• VARADA BHAVANARAYANA RAO vs STATE OF ANDHRA PRADESH & ORS — Supreme Court of India (1963)

Old <-> New Code Mapping

• BSA §106 — Burden of proof as to particular fact