Indian Evidence Act
(IEA)
On whom burden of proof lies.
Chapter 7: Of the burden of proof
Section: 102
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.
