Section 102: On whom burden of proof lies

The Indian Evidence Act, 1872Central Act · Act 1 of 1872

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024

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.

Illustration

(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

Act	The Indian Evidence Act, 1872
Section	102
Marginal note	On whom burden of proof lies
Jurisdiction	Central
Status	Repealed
Judgments citing it	4

Judgments that turned on this provision

JAMI VENKATA SURYAPRABHA vs TARINI PRASAD NAYAKSupreme Court of India · 2024-12-09
CR/4519/2006 of ADARSH KUMAR Vs KAILASH MEHRA AND ORS.High Court of Punjab and Haryana · 2006-08-29
APP/595/2003 of CHRISOPHER JHON and ANR. Vs STANY HARRY D'SOUZA and ANR.Bombay High Court · 2004-09-03

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