Bharatiya Sakshya Adhiniyam, 2023 · Chapter VII: Of the Burden of Proof
Section 105: On whom burden of proof lies
In plain words
The burden of proof in a suit or proceeding lies on the person who would lose if no evidence at all were given by either side.
Example: A sues B for money due on a bond. B admits signing it but says it was obtained by fraud. With no evidence, A would win, so the burden of proving fraud is on B.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side
Illustrations
(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A.
(b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 105 carries forward section 102 of the Indian Evidence Act: the burden of proof lies on the person who would fail if no evidence were given on either side.
The test
Ask who would lose if neither side led evidence. That party bears the burden of proof in the suit or proceeding.
Common mistakes
- Confusing the overall burden with the burden on particular facts under section 106.
Read with: Section 104 BSA, Section 102 Evidence Act
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 105
No Supreme Court judgment in our database cites this section yet.