CHAPTER VII.––OF THE BURDEN OF PROOF

Section 103: Burden of proof as to particular fact

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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.

Illustrations

¹[(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) B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.

Footnotes in the official text

1.See, in the Act as published in Gazette of India, 1872, Pt. IV, p. 1 there is no illustration (b).

Now in the BSA

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

103. Burden of proof as to particular fact.

BSA 106

Questions on this section

1 question in 6 of our papers cite Section 103. Try these from the free papers:

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 Criminal Law