# The Bharatiya Sakshya Adhiniyam, 2023, Section 105: On whom burden of proof lies

- Act: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023)
- In force from: 2024-07-01
- Ministry: Ministry of Home Affairs
- Source URL: https://indiacode.ecourtsindia.com/bsa/section/105/

## Text

The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side Illustrations. (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore, the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore, the burden of proof is on B.

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