On whom burden of proof lies.

What this section does

The burden of proof in a suit or proceeding lies on the person who would fail if no evidence at all were given on either side. This rule identifies which party bears the initial evidential burden by asking who would lose in the absence of any evidence. It is a practical test for allocating the burden at the outset of proceedings.

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 party who would fail if no evidence were given on either side.

When it applies

• A sues B for land in B's possession claiming it was left by will — if no evidence is given, B retains possession, so the burden is on A.
• A sues B on a bond whose execution is admitted but B alleges fraud — if no evidence is given, A succeeds on the bond, so the burden of proving fraud is on B.

Derived from IEA s.102.