Indian Evidence Act, 1872 → Bharatiya Sakshya Adhiniyam, 2023
IEA 102BSA 105
On whom burden of proof lies
Canonical: https://www.vakilpedia.com/iea-102-to-bsa
What changed
- No change.
Drafting-ready
Under Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 102 of the Indian Evidence Act, 1872)...
Bare act text — BSA 105
105. On whom burden of proof lies .—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. 37 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.
Frequently asked
What is IEA 102 equivalent in BSA?
IEA Section 102 (On whom burden of proof lies) corresponds to Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What changed between IEA 102 and BSA 105?
No change.
How do I cite BSA 105 in a pleading?
Under Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 102 of the Indian Evidence Act, 1872)...
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