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
Burden of proof as to particular fact and Burden of proving
fact to be proved to make evidence admissible are defined
under section 103 and 104 of Indian Evidence Act 1872.
Provisions under these sections are:
Section 103 of Evidence Act "Burden of proof as to
particular fact"
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
[(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 wishes the Court to believe that, at the time in question,
he was elsewhere. He must prove it.
Section 104 of Evidence Act "Burden of
proving fact to be proved to make evidence admissible"
The burden of proving any fact necessary to
be proved in order to enable any person to give evidence of
any other fact is on the person who wishes to give such
evidence.
Illustrations
(a) A wishes to prove a dying declaration by B. A must prove
Bs death.
(b) A wishes to prove, by secondary evidence, the contents
of a lost document.
A must prove that the document has been
lost.
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
