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Section 106 BSA 2023: Burden of Proof as to Particular Fact

Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 lays down a specific rule about the burden of proving a particular fact. As a general rule, the person who wants the Court to believe that a particular fact exists must prove that fact, unless another law places that burden on someone else.

At a glance
Law Bharatiya Sakshya Adhiniyam, 2023
Act number Act No. 47 of 2023
Section 106
Chapter Chapter VII - Of the Burden of Proof
Subject Burden of proof as to particular fact
Corresponding old provision Section 103 of the Indian Evidence Act, 1872
In force from 1 July 2024

Text of Section 106 BSA

Statutory provision

106. 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 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.

Meaning of Section 106

Section 106 deals with the burden of proving a specific or particular fact that a party relies upon. It does not by itself decide the entire burden of proving a civil claim or criminal charge. Instead, it identifies who must prove an individual fact when that fact is asserted before the Court.

The central principle is simple: if a party asks the Court to accept a particular fact as true, that party ordinarily carries the burden of proving that fact. This rule applies unless another statutory provision expressly places the burden on a different person.

How Section 106 Works

  • A party identifies a particular fact on which it wants the Court to rely.
  • That party normally has to lead evidence sufficient to prove that fact.
  • If a special law shifts the burden regarding that fact, the special rule will apply.
  • The section must be read with the wider burden-of-proof provisions in Chapter VII of the BSA.

Illustration Explained

The statutory illustration contains two separate factual assertions. First, if the prosecution wants the Court to believe that the accused admitted the theft to C, the prosecution must prove that admission. Second, if the accused relies on the plea that he was elsewhere at the relevant time, he must prove that asserted fact in accordance with the applicable law.

The illustration therefore shows that the burden may move from one side to the other depending on the particular fact being asserted. Section 106 is concerned with that fact-specific burden.

Section 104 - Burden of proof: states the general principle governing the burden on a person who asks the Court to give judgment as to a legal right or liability depending on facts asserted by that person.

Section 105 - On whom burden of proof lies: identifies the party who would fail if no evidence were given on either side.

Section 107 - Burden of proving fact necessary to make evidence admissible: applies where a preliminary fact must be proved before other evidence can be given.

Section 108 - Burden regarding exceptions: deals with the burden of proving that the case of an accused falls within specified exceptions or provisos.

Section 109 - Fact especially within knowledge: places the burden of proving a fact especially within a person's knowledge upon that person.

Corresponding Provision Under the Indian Evidence Act, 1872

Section 106 BSA corresponds to Section 103 of the Indian Evidence Act, 1872. The rule that the person asserting a particular fact ordinarily bears the burden of proving it has therefore been carried forward into the Bharatiya Sakshya Adhiniyam, 2023.

Practical Importance

In pleadings, evidence and trial strategy, it is important to separate the overall burden in the case from the burden relating to a specific fact. A party may bear the burden only for a limited factual proposition even where the opposing party carries the broader legal burden on the case as a whole.

Official Resources

For authoritative statutory material and government information, readers should verify the current text and commencement details through the official Government of India resources linked in the right-hand resource panel.

Last reviewed: 13 September 2026.