What is Burden of proof? On whom burden of proof lies? Section 101 and 102 of Indian Evidence Act 1872

Burden of proof and On whom burden of proof lies are defined under section 101 and 102 of Indian Evidence Act 1872. Provisions under these sections are:

Section 101 of Evidence Act "Burden of proof"

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.

When a person is bound to prove the existence of any fact, it is said that he 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.

Section 102 of Evidence Act "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.

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 b 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, by 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.

Indian Evidence Act 1872

What is Evidence of terms of contracts, grants and other dispositions of property reduced to form of document? Section 91 of Indian Evidence Act 1872

What is Exclusion of evidence of oral agreement? Section 92 of Indian Evidence Act 1872

What is Exclusion of evidence to explain or amend ambiguous document? What is Exclusion of evidence against application of document to existing facts? Section 93 and 94 of Indian Evidence Act 1872

What is Evidence as to document unmeaning in reference to existing facts? What is Evidence as to application of language which can apply to one only of several persons? Section 95 and 96 of Indian Evidence Act 1872

What is Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies? Evidence as to meaning of illegible characters, etc? Section 97 and 98 of Indian Evidence Act 1872

Who may give evidence of agreement varying terms of document? What is Saving of provisions of Indian Succession Act, relating to wills? Section 96 and 100 of Indian Evidence Act 1872

What is Burden of proof? On whom burden of proof lies? Section 101 and 102 of Indian Evidence Act 1872

What is Burden of proof as to particular fact? Is Burden of proving fact to be proved to make evidence admissible? Section 103 and 104 of Indian Evidence Act 1872

What is Burden of proving that case of accused comes within exceptions? What is Burden of proving fact especially within knowledge? Section 105 and 106 of Indian Evidence Act 1872

What is Burden of proving death of person known to have been alive within thirty years Burden of proving that person is alive who has not been heard of for seven years? Section 107 and 108 of Indian Evidence Act 1872

What is Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent? Who has Burden of proof as to ownership? Section 109 and 110 of Indian Evidence Act 1872

 

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