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, Bs 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.

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