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Indian Evidence Act

(IEA)

Burden of proof.

Chapter 7: Of the burden of proof

Section: 101


Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.Illustrations
(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed.
A must prove that B has committed the crime.
(b) A desires a Court to give judgement that he is entitled to certain land in the possession of B, by reason of facts which he asserts and which B denies, to be true.
A must prove the existence of those facts.

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