Burden of proof.
What this section does
Whoever desires a court to give judgment as to any legal right or liability dependent on the existence of facts must prove those facts. The burden of proof lies on the person who asserts the existence of the relevant facts. This is the foundational rule establishing the general burden of proof.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
The burden of proof lies on the person who asserts the existence of facts on which they seek a court's judgment.
When it applies
- A desires a court to punish B for a crime — A must prove that B committed the crime.
- A claims land in B's possession based on certain facts — A must prove those facts exist.
- EVIDENCE Section 101 — Burden of proof
Read the official text
For the binding statutory text of BSA Section 104, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 104 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.