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Section 103: Burden of proof as to particular fact

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Repealed.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 Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024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 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.

Illustration

1[(a)] A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the admission.

(b) B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.1. Sic, in the Act as published in Gazette of India, 1872, Pt. IV, p. 1 there is no illustration (b).

Where this provision sits

ActThe Indian Evidence Act, 1872
Section103
Marginal noteBurden of proof as to particular fact
JurisdictionCentral
StatusRepealed
Judgments citing it4

Judgments that turned on this provision

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