BURDEN OF PROOF UNDER INDIAN EVIDENCE ACT

The Indian Evidence Act, 1872 defines and regulates the concept of burden of proof in India. Here are the key provisions related to burden of proof under the Indian Evidence Act:

1. Section 101: Burden of proof – This section states that whoever desires the court to give a judgment as to any legal right or liability dependent on the existence of facts, must prove that those facts exist. This means that the burden of proving a fact rests on the person who asserts it.
2. Section 102: On whom the burden of proof lies – This section specifies which party has the burden of proof in certain cases. For example, in a criminal trial, the burden of proving the guilt of the accused is on the prosecution, while in a civil suit, the burden of proving the case is on the plaintiff.
3. Section 103: Burden of proof as to ownership – This section deals with the burden of proof in cases where the ownership of a property is disputed. It states that the burden of proving the ownership of the property is on the person who claims to be the owner.
4. Section 104: Burden of proving fact especially within knowledge – This section deals with situations where a fact is known to one party more than the other. It states that the burden of proving such a fact is on the party who has the special knowledge about it.
5. Section 105: Burden of proving that case of accused comes within exceptions – This section deals with the burden of proof in cases where the accused claims that their actions fall within a legal exception or defense. It states that the burden of proving this defense is on the accused.
6. Section 106: Burden of proving fact especially within the knowledge of any person – This section deals with situations where a fact is within the knowledge of a person who is not a party to the case. It states that the burden of proving such a fact is on the party who seeks to rely on it.

In summary, the Indian Evidence Act specifies the rules related to the burden of proof in different situations. The Act places the burden of proving a fact on the person who asserts it, and specifies which party has the burden of proof in various cases.

Here are the key points related to burden of proof under the Indian Evidence Act:

1. Burden of proof: The burden of proof lies on the person who asserts a fact. In other words, whoever desires the court to give a judgment as to any legal right or liability dependent on the existence of facts, must prove that those facts exist.
2. Burden of proof in criminal cases: In criminal cases, the burden of proving the guilt of the accused is on the prosecution.
3. Burden of proof in civil cases: In civil suits, the burden of proving the case is on the plaintiff.
4. Burden of proof as to ownership: The burden of proving ownership of a property is on the person who claims to be the owner.
5. Burden of proving fact especially within knowledge: The burden of proving a fact that is especially within the knowledge of a party lies on that party.
6. Burden of proving that case of accused comes within exceptions: The burden of proving a legal exception or defense in criminal cases is on the accused.
7. Burden of proving fact especially within the knowledge of any person: The burden of proving a fact that is within the knowledge of a person who is not a party to the case lies on the party who seeks to rely on it.

In summary, the Indian Evidence Act specifies the burden of proof in different situations, and places the burden of proving a fact on the person who asserts it. The Act also specifies which party has the burden of proof in various cases, such as criminal and civil cases, and cases related to ownership or legal exceptions