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.
[(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
(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 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
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