Indian Evidence Act, 1872 · Chapter VII: Of the Burden of Proof
Section 103: Burden of proof as to particular fact
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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 [(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.
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 (Legislative Department), the text of the Act as it stood before its repeal. 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.
Supreme Court judgments citing the section 103
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Yerikala Sunkalamma & Anr. v. State of Andhra Pradesh, Department of Revenue & Ors.
Whether the High Court was correct in setting aside the judgment of the trial court whereby the appellants were held to be the lawful owners of the ‘Patta Land’.
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Mahakali Sujatha v. The Branch Manager, Future Generali
The present civil appeal has been filed by the complainant, who is the daughter of the insured-deceased, who is also the nominee under the subject life insurance policies of her late father. The controversy in the…
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Balvir Singh v. State of Uttarakhand
The High Court affirmed the judgment and order of conviction passed by the Trial Court holding appellant-hus band guilty of the offence of murder punishable u/s.302 of the IPC alongwith the offence punishable u/s. 498A…
- Sirajudheen v. Zeenath & Ors.
- Smriti Debbarma (Dead) Through Legal Representative v. Prabha Ranjan Debbarma and Others
- Mohd. Abdullah Azam Khan v. Nawab Kazim Ali Khan
- Md. Jabbar Ali & Ors. v. The State of Assam
- Saeeda Khatoon Arshi v. State of UP & Anr
- M Siddiq (D) Thr Lrs v. V. Mahant Suresh Das & Ors
- Anand Mohan v. State of Bihar
- Vaniyankandy Bhaskaran v. Mooliyil Padinhjarekandy Sheela
- Rajendra Singh v. State of U.P. and Anr.
- Ritesh Chakarvarti v. State of Madhya Pradesh
- Sushil Kumar v. Rakesh Kumar