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Section 105: On whom burden of proof lies.

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

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.

Where this provision sits

ActThe Bharatiya Sakshya Adhiniyam, 2023
Section105
Marginal noteOn whom burden of proof lies.
JurisdictionCentral
StatusIn force as published by the source

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