Old law lookup
Evidence Section 101
Burden of proof
New section under BSA
BSA Section 104— Burden of proof.
Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the Evidence.
What the new 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.
For the full text of the new section, see the linked BSA page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.