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Indian Evidence Act

(IEA)

Burden of proof as to any particular fact.

Chapter 7: Of the burden of proof

Section: 103


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) [] [[[Sic.] In the Act published in Gazette of India, 1872, Pt.IV, p.1, there is no Illustration (b) .]] 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.

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