Burden of proof as to particular fact.

What this section does

The burden of proving any particular fact lies on the person who wishes the court to believe in its existence, unless a law specifically places that burden on another person. This section allocates the burden with respect to specific facts in issue or relevant facts, as distinct from the overall burden of proof. It applies to each discrete fact that a party seeks to establish.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

The burden of proving a particular fact lies on the party who wishes the court to believe that fact exists.

When it applies

• A prosecutes B for theft and wishes the court to believe B admitted the theft to C — A must prove the admission.
• B wishes the court to believe he was elsewhere at the time of the alleged offence — B must prove his alibi.

Derived from IEA s.103.