Section 104 BSA 2023: Burden of Proof

Updated: 13 September 2026

Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) states the general rule governing burden of proof: a person who asks a Court to decide a legal right or liability on the basis of facts asserted by that person must prove those facts.

At a glance

Law: Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Part: Part IV - Production and Effect of Evidence.
Chapter: Chapter VII - Of the Burden of Proof.
Section: 104 - Burden of proof.
Effective from: 1 July 2024, subject to the savings provision in Section 170.

Text and meaning of Section 104

Section 104 provides that whoever desires a Court to give judgment as to a legal right or liability dependent on facts asserted by that person must prove the existence of those facts. When a person is required to prove a fact, the burden of proof is said to lie on that person.

In practical terms, the party who relies on an asserted fact ordinarily carries the responsibility of proving it. The section identifies the starting point for determining who must establish a fact before the Court can act upon it.

Illustrations under Section 104

The statutory illustrations explain the rule through two common situations:

Illustration	Effect
A asks the Court to punish B for a crime which A alleges B committed.	A must prove that B committed the crime.
A claims land in B's possession on the basis of facts asserted by A and denied by B.	A must prove the existence of the facts on which the claimed entitlement depends.

Scope of the burden of proof rule

Section 104 lays down the general principle. The following provisions in the same Chapter refine that principle for particular situations. For example, Section 105 addresses on whom the burden lies, Section 106 deals with the burden as to a particular fact, and Section 109 concerns facts especially within a person's knowledge.

The expression "burden of proof" should therefore be read in the context of the complete statutory scheme, including presumptions, exceptions, admissibility requirements and other provisions that may shift or modify the evidentiary burden in a particular case.

Applicability after 1 July 2024

The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. Section 170 repeals the Indian Evidence Act, 1872, but preserves the old Act for an application, trial, inquiry, investigation, proceeding or appeal that was already pending immediately before commencement. Accordingly, the date and procedural status of a matter can determine whether the BSA or the former Indian Evidence Act applies.

Important: This page explains the general statutory rule. The actual burden in a case can depend on pleadings, presumptions, exceptions, special statutes and the nature of the fact in issue.

Official legal sources

For the authoritative text and commencement notification, refer to the following official Government sources:

Continue with the surrounding provisions on burden of proof: