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Section 104: Burden of proof.

The Bharatiya Sakshya Adhiniyam, 2023Central Act · Act 47 of 2023

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.

Where this provision sits

ActThe Bharatiya Sakshya Adhiniyam, 2023
Section104
Marginal noteBurden of proof.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

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