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PART IV PRODUCTION AND EFFECT OF EVIDENCE · CHAPTER VII OF THE BURDEN OF PROOF

Section 106: Burden of proof as to particular fact

The Bharatiya Sakshya Adhiniyam, 2023

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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 7 of our papers cite Section 106. Try these from the free papers:

  1. 1. A prosecutes B for theft. B's defence is that at the time of the theft he was in another city. Under Section 106 of the BSA, the burden of proving that B was elsewhere lies on:

Practise questions on Bharatiya Sakshya Adhiniyam