Central · Act 47 of 2023

Section 104 — Burden of proof.

The Bharatiya Sakshya Adhiniyam, 2023

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STATUTORY TEXT
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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, and when a person is bound to prove the existence of any fact, it is said that the 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.

Source and version

India Code, Government of India. Text fetched 09 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.

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Section 104 — Burden of proof. | The Bharatiya Sakshya Adhiniyam, 2023 | NYAYA SIGNALNYAYA SIGNAL · Free access · Official source references

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